Charter Auctions Ltd Online User’s Agreement
General
1.1. Welcome to Charter Auctions (the “Site”). Any person who wants to access the Site to search, buy, or bid for goods or to use the other services we provide (collectively, the “Services”) must accept the terms and conditions of this User’s Agreement without change.
1.2. In using this Site, you agree to all the terms and conditions of this User’s Agreement. We strongly advise that you read this User’s Agreement carefully.
1.3. This agreement sets outs your rights and obligations and our rights and obligations. Should you breach any of the obligations you owe, we may terminate your registration with us, and/or claim an award of damages against you.
1.4. Charter Auctions Ltd may from time to time amend the terms. It is your responsibility to review these terms. The most recent version of the User’s Agreement will apply whenever you use this site.
1.5. All prices listed are in Great British Pounds.
1.6. All items listed are exclusive of VAT. The VAT amount will be added to the total amount payable.
1.7. Some items may display the manufacturer’s original retail price (ORP). This is not the recommended retail price (RRP) but is the price the item was originally sold for. In relation to both the ORP and the RRP, Charter Auctions Ltd takes no responsibility for the accuracy of the amounts listed. We suggest users independently satisfy themselves as to the value of the item being sold.
1.8. If we are informed that any of the content of our Site is in contravention of any laws we reserve the right to remove that content.
Eligibility
2.1. Use of the Services is limited to parties who can lawfully enter into and form contracts under British law.
2.2. To register, you must provide your real name, address, phone number and email address.
2.3. Charter Auctions Ltd reserves the right to refuse Services to anyone for violation of this Users Agreement.
Registration
3.1. In order to place a bid or purchase any products from Charter Auctions Ltd you must register to bid through our online Registration Form.
3.2. Your account is identified by your chosen username and you are the only party authorised to use your User Name.
3.3. Upon registration you must ensure that all personal details you have provided to us are accurate, will not mislead and will not infringe any laws.
3.4. In relation to the personal information that you provide, the secure areas (anywhere personal information is sought) of the site are protected by a minimum of 128bit SSL encryption. Whilst Charter Auctions Ltd will endeavour to ensure this service is always functioning correctly it is the responsibility of the user to ensure their browser displays either an ‘s’ directly following the URL (eg http(s)://auctions.charterauctions.co.uk….) or a lock in the URL Bar or at the bottom of the browser prior to entering personal information.
3.5. When Registering for an auctions. Charter Auctions Ltd. require a valid Debit/Credit card details to be assigned to the user. Our servers do not store full card details, your details are sent via a token system to Sagepay, we only store the expiration date and last 4 digits. The full binding information is sent to Sagepay’s servers as they are PCI DSS Level 1 compliant.
3.6. We will email you various notifications relating to the purchase of your goods, delivery of goods and promotional material. We accept no responsibility should you not receive these emails.
3.7. Should you wish to cancel your registration with Charter Auctions Ltd, you can do so by contacting us at info@charterauctions.co.uk. We will not allow you to cancel your registration if you are currently bidding on an item for auction or have outstanding monies owed to Charter Auctions Ltd.
Licence
4.1. Charter Auctions Ltd grants a limited license to each registered user to make personal use only of the Site.
4.2. This license expressly excludes, without limitation, any resale or commercial use of the site; making any derivative of the Site, the collection and use of participant email addresses or other participant information, ratings or listings, or any data extraction.
Governing Law
5.1. This Agreement is governed by the laws of the United Kingdom.
Compliance with laws
6.1 As a user of the Charter Auctions Ltd Site you are obligated to abide by all applicable laws, statutes and regulations regarding the use of our services, including those in relation to bidding and purchasing items.
Auctions
7.1. Each auction will have a set commencement and conclusion time, as well as a minimum starting price.
7.2. The auction times will be in GMT, Standard Time or British Summer time, Daylight Savings Time.
7.3. Upon the conclusion of the auction, if you hold the highest bidding price you will be notified by email.
7.4. If there are any technological or processing problems during an auction, Charter Auctions Ltd may decide to close the auction and re-open the auction at a later time or extend the conclusion time for the auction. We will not be responsible for any bids which are not processed due to a technical error.
7.5. Charter Auctions Ltd may also close the auction early if any false or misleading bidding is suspected.
7.6. The auction will close at the end of the specified time if there are no bids during the 10 minutes preceding the end of the time specified. If there are any bids within the 10 minutes (‘bonus time’ period), the auction will be extended by 10 minutes until there are no more bids within the Bonus Time period.
Bidding
8.1. Bidding can occur via AutoBid or by placing an ordinary bid.
8.2. Bidding on an item indicates your intention to purchase that item and is considered a legally binding contract between yourself and Charter Auctions Ltd.
8.3. Before placing a bid you must read all details and descriptions of the product. Buyers must satisfy themselves prior to sale as to the condition of each lot and should exercise and rely on their own judgement as to whether the lot accords with its description. Representations or statements by Charter Auctions Ltd as to ownership, genuineness, origin, date, age, provenance, or condition involve matters of opinion. Neither Charter Auctions Ltd nor our employees and agents, nor the Seller accept liability for the correctness of such opinions.
8.4. Bidding is to be made on a per-item basis and can be increased by the amount posted as the bid increment, or a whole figure entered above the increment value.
8.5. Bids cannot be cancelled once they are submitted. If using an Autobid, you must ensure that you have taken all necessary steps to ensure that it is set correctly, as once it is in place, it cannot be removed.
8.6. Upon receiving notification that you are the winning bidder you are obligated to purchase the item. You should thoroughly review all delivery and collection information associated with the item which you bid to purchase. You will be bound by the delivery and collection information in the event that you are the ‘winning bidder’.
8.7. You must not place a false bid aimed to mislead.
Purchasing of items
9.1. If you are the highest bidder you must pay the total amount for the item you have purchased by direct Bank deposit or bank cheque.
9.2 You are also obliged to pay any additional fees which may be included in your purchase, such as taxes, delivery and/ or collection fees, insurance and any miscellaneous costs.
9.3. Should your payment be declined or not be processed within 7 days of the conclusion of the sale; or you do not deposit the monies into our nominated account within two (2) business days of the completion of sale; we reserve the right to withdraw the contract for sale and refuse delivery of the goods. And exercise our rights in accordance with paragraph 9.5.
9.4. If your account remains unpaid after the specified due date we may charge you a 1% of the gross hammer price (excluding VAT) per day as a late payment charge.
9.5. Should you fail to pay for an item in which you were the winning bidder or do not with the conditions within this User’s Agreement we reserve the right to sue you for monies owing; resell the item; or charge you a cancellation fee of the greater of £200 or 20% of the purchase price, in accordance with the most commercially viable option for Charter Auctions Ltd, exercising its discretion at that time.
Delivery and collection of purchased items
10.1. If the item you have purchased is to be collected by you, collection times for the item will be listed on the item page. Should you fail to collect the item within fourteen (14) days of the date of sale we reserve the right to charge you storage and removal fees.
10.2. All items that are to be inspected or collected are collected or inspected at your own risk.
10.3. An item can be re-listed for sale or destroyed if it is not collected by the purchaser within twenty-one (21) days of the date of sale.
10.4. In the event that it is agreed in advance that goods/ items will be delivered to you upon the conclusion of the sale. Lots will only be delivered to your registered postal address. This address can only be changed with written confirmation. In such circumstances, Charter Auctions Ltd accepts no responsibility for undelivered or misplaced items.
10.5. You cannot contact our courier service to arrange for a different delivery address, date or time.
10.6. Upon delivery of the goods, a signature will act as a receipt of the item(s). However, title of the goods will not pass until the total invoice amount is received by Charter Auctions Ltd, in accordance with paragrpah 9.3.
10.7. The risk in the item you have purchased will pass to you upon the delivery of the item; or in such a case where the item cannot be delivered, from the time when the item was first attempted to be delivered.
Our Customer Complaints Policy
We are committed to meeting the highest quality standards in the delivery of the service we provide to our customers. We aim to provide an efficient and effective service and take any problems that do arise very seriously. We aim to ensure that any complaints our customers may have are identified quickly and dealt with in accordance with our complaints handling procedure. In the event that you have any cause for complaint with regard to our website please “Contact Us”. We will investigate your complaint in accordance with an internal written procedure which involves:-
11.1 acknowledging any complaint with 7 days and providing a full response within 28 days or, if that is not possible, letting you know within that time when we will be able to respond fully;
11.2 carrying out a review of your matter;
11.3 responding to you with our views on your complaint and how we propose to resolve it;
11.4 if you are not satisfied with our response, instigating a further review by our customer service department.
Your responsibilities
12.1. You are responsible for maintaining the confidentiality of your registered account with us and any password(s) you have chosen or we may issue to you in connection with your access and use of the Services.
12.2. You are responsible for all uses of your account, whether or not actually or expressly authorised by you.
12.3. If you believe that your account and/or password(s) have been misused or compromised in any manner, please contact us immediately at info@charterauctions.co.uk
12.4. You are responsible for ensuring that you do not interfere with the management of this Site.
12.5. Should you use a false name, stolen or forged credit card we will refer such information to the police and we may sue you for any losses suffered as a result of such occurrence.
Our rights and responsibilities
13.1. We reserve the right to suspend your registration with Charter Auctions Ltd and use of our Services should you fail to pay for an item, give information which is false or misleading or breach any terms of this User’s Agreement.
13.2. Upon suspension of your registration you may no longer register with Charter Auctions Ltd.
13.3. Charter Auctions Ltd have the right to remove a listed item should the item become damaged or a mistake has been made in the pricing, description or ownership of the item.
13.4. We are responsible for ensuring products listed for auction on our Site are accurately described and available; and ensuring that upon sale of the goods that the title of those goods is immediately passed to the purchaser.
Limitation of liability
14.1. You will not hold Charter Auctions Ltd responsible for any loss you may incur due to us enforcing any of our policies.
14.2. You accept sole responsibility for the legality of your actions under laws applying to you.
14.3. We cannot guarantee the continuous or secure access to our site, we use all reasonable methods to maintain an uninterrupted service but offer no guarantee.
14.4. Nothing in this agreement shall limit or exclude our liability for fraud, misrepresentation, death or personal injury resulting from our negligence or the negligence of our employees or for any of the liability that cannot be limited or excluded by law.
14.5. Buyers and sellers must understand and follow all laws and regulations.
14.6. Charter Auctions Ltd is not liable for the enforcement of manufacturer’s warranty on a product (where applicable).
DESCRIPTION AND VIEWING
15.1 Lots are sold with all faults and imperfections.
15.2 Prior to any sale, you may view Lots at the Premises on the viewing days specified in the sale information or as otherwise agreed with Charter Auctions Ltd by appointment. You should satisfy yourself prior to submitting a bid as to the condition of each Lot. Any statement made by Charter Auctions Ltd, its agents or its Affiliates as to the Lot is a statement of opinion only and you should rely on your own judgement in all matters concerning the Lot.
15.3 Any product description, Catalogue and content on our Website or otherwise issued by us is intended merely to present our best understanding of the Lot and does not form part of any Contract.
15.4 Any error or omission on our Website or in any document or information issued by us or displayed on our Website shall be subject to correction without any liability on our part.
15.5 Neither Charter Auctions Ltd or its agents or Affiliates makes or gives any representation or warranty in relation to any Lot and all implied conditions or warranties are excluded to the maximum extent permitted by law.
PAYMENT
16.1 The Buyer shall pay to Charter Auctions Ltd the Total Amount Due. The Buyer acknowledges and agrees that Charter Auctions Ltd when acting as agent for the Seller may also receive a Seller’s Commission.
16.2 For sales to Buyers in the UK, we accept payment by Bank transfer or Cheque.
16.3 For sales to Buyers outside the UK, we accept payment only by wire transfer.
16.4 Payment of the Total Amount Due is due at the Closing Date and Charter Auctions Ltd will send the Buyer an email notifying that the invoice is available to view and print in the ‘Invoices’ section.
16.5 Time of payment is of the essence. Payment is received when we receive notification from our bank that the payment has been received in our client account as cleared funds.
16.6 We may charge you interest and claim debt recovery costs in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 and the Late Payment of Commercial Debts Regulations 2002 on overdue accounts from the seventh day after the Closing Date until the date of payment.
VALUE ADDED TAX (VAT)
17.1 The Buyer shall pay any VAT, which may be due on any amounts owed by the Buyer under these Conditions at the rates prevailing at the “Closing Date”.
17.2 In accordance with the EC Sixth VAT Directive (77/388/EEC), Non-EC Buyers will be charged VAT at the UK rate prevailing at the Closing Date. Upon receipt of a copy of the bill of lading or CMR note as proof of export, the VAT will be refunded on the Closing Price and the Buyer’s Premium. VAT will not be refunded unless proof of export is provided within 3 months from and including the Closing Date.
17.3 In accordance with the EC Sixth VAT Directive (77/388/EEC), Buyers that are VAT registered in an EC Member State will be charged VAT at the UK rate prevailing at the Closing Date. Upon receipt of a copy of the bill of lading or CMR note as proof of removal from the UK, the VAT will be refunded on the Closing Price and the Buyer’s Premium. VAT will not be refunded unless such proof of removal is provided within 3 months from and including the Closing Date. Charter Auctions Ltd will also require the Buyer’s EC VAT number shown on company headed paper in order to zero rate the supply.
No Warranty
18.1. Charter Auctions Ltd hereby disclaims all express or implied representations, warranties, guarantees, and conditions, including but not limited to any implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement, except to the extent that such disclaimers are held to be legally invalid in the United Kingdom.
18.2. You assume all responsibility for determining whether the products/services are sufficient for your purposes.
18.3. Charter Auctions Ltd does not make any representations, warranties, guaranties, or conditions as to the quality, suitability, accuracy, or completeness of any of the products/services contained or purchased from this website.
Intellectual Property
19.1. All materials provided on this Site, including but not limited to information, documents, products, logos, graphics, images, auctions, and services are the wholly owned and copyrighted work of Charter Auctions Ltd and/or its Third Party Providers.
19.2. None of the materials posted herein may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Charter Auctions Ltd or the appropriate Third Party Provider.
19.3. You may not “mirror” any materials contained on this Website on any other server or site without Charter Auctions Ltd prior written consent. In order to register on this site you must provide your true name and a valid email address.
Privacy
20.1. Charter Auctions Ltd is committed to protecting the privacy of your personal information. Our Privacy Statement can be viewed on our Site.
20.2. We may change the Privacy Statement in the future.
20.3. You should check the Privacy Statement frequently for any changes we may have made.
20.4. By agreeing to this User’s Agreement you consent to us using your personal information as specified in the Privacy Statement.
Definitions
‘Autobid’ is a process whereby maximum bids can be set and bid increments increased automatically where another bidder outbids you (until your maximum bid is reached).
‘Bidder’ The party making, attempting to make or considering making a bid.
‘Bonus Time’ Period means the time between one second and nine minutes and fifty nine seconds (inclusive), being the period that the Site’s timing mechanism has entered the Tenth minute.
‘Buyer’s Premium’ is the percentage added to the hammer price (Winning Bid at auction) of the lot that must be paid by the winner bidder.
‘Site’ means the Charter Auctions Ltd website (www.charterauctions.co.uk).
‘Closing Date’ means the date the sale ends.
‘Winning Bidder’ means you have the highest bid.
‘Hammer Price’ Means the highest bid for any lot accepted by the auctioneer at an auction.
‘Auctioneer/Us/We’ means Charter Auctions Ltd, Basepoint Business Centre, Bromsgrove Technology Park, Isidore Road, Bromsgrove, Worcestershire B60 3ET– Company Registration No: 10556710. Charter Auctions Ltd is registered in the United Kingdom