TERMS OF USE OF WWW.THEUSEFULAUCTION.COM

 

These Terms of Use (the “Terms”) constitute a binding agreement with respect to your use of the website services and tools (the “Site”, or “we”). By using the Site you agree to these Terms of Use for the Site and the general principles for the Websites of our subsidiaries. These Terms may be updated from time to time, without notice to you. Your continued use of the Site constitutes your acceptance to the new Terms.

These Terms of Use were last updated on 3rd March 2016.

 

PLEASE NOTE THAT WILL BE THE DESCRIPTOR WHICH WILL APPEAR ON YOUR CREDIT OR DEBIT CARD STATEMENT.

 

Privacy Policy

 

We respect your privacy and permit you to control the treatment of your personal information. The Site’s privacy policy is expressly incorporated into these Terms by this reference.

 

Modification of Service and Limitations

 

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

 

Your Account

 

You may need to create an account in order to use certain features of this Site. You are solely responsible for the activity that occurs on your account so you must keep your account password secure. In other words, you may be liable to the Site or others as a result of any unauthorized use of your account. Thus, it is your responsibility to notify the Site immediately of any breach of security or unauthorized use of your account. We will not be liable for losses caused by any unauthorized use of your account. You may not, under any circumstances use another’s account without permission.

During the registration process, the user must choose a username. The username should be appropriate. It must not be offensive, be deceptive or misleading, be obscene or offend common decency, or infringe the intellectual property rights of third parties. If the Site receives credible information that a username is illegal or in breach of any of these Terms, the Site can replace this username without prior notice. During the registration process, the user must also choose a corresponding user password which is to be kept secret by the user. User accounts created during registration are non-transferable. The user account may be used only by the user and not by anyone else.

Unless the user can demonstratively prove the absence of any fault on their part, the user shall be liable for all activities that are undertaken using the user account together with the associated password.

In the event of any abuse or unauthorized use of the user account, due to actions or omissions of the user, which is in breach of these Terms or to the detriment of the Site or third parties, the Site shall have the right at its sole discretion to temporarily or permanently disqualify the user, disable its account and, if appropriate, report the commission of a crime.

 

Access to the Site

 

All content included on the Site is the property of the Site and is protected by the United Kingdom intellectual property rights, international copyright laws and trademark laws and is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. The Site reserves all rights not expressly granted in and to the Site. The Site may make changes to or discontinue any services available within the Site at any time without notice.

 

Monitoring of Site Content

 

The Site is under no obligation to restrict or monitor Site content in any way. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE USE OF THE SITE IS AT YOUR OWN RISK. Notwithstanding the foregoing, we reserve the right to modify or remove any content at any time. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including other users, are those of the respective author(s) or distributor(s) and not of the Site. Site neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on these Site by anyone other than authorized Site employees acting in their official capacities.

 

Customer Support

 

You may contact the Site services by sending an email to support@theusefulauction.com.

You acknowledge that the provision of customer support is at the Site’s sole discretion, and that we have no obligation to provide you with customer support of any kind. We may provide you with customer support from time to time, at our sole discretion.

 

Dealings with Merchants and Links/Third Party Content

 

The Site or third parties may provide links on the Site to other Site or content (“Linked Site”). The Site has no control over such Linked Site or content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability or reliability of Linked Site or content linked to by the Site. The Site provides links to you only as a convenience, and the inclusion of any link on the Site does not imply our affiliation, endorsement, or adoption of the linked site or any information therein. ACCESS AND USE OF LINKED SITE, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITE OR AVAILABLE THROUGH LINKED SITE, IS SOLELY AT YOUR OWN RISK. When you leave the Site, our terms and policies no longer govern. You should review applicable terms and policies, including the privacy and data gathering practices, of any Linked Site.

Your correspondence or business dealings with, or participation in promotions of, third party merchants or advertisers that are found on or through the Site or which provide links on the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You waive any claim against the Site and agree to hold the Site harmless from any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the Site.

 

Promotions

 

Any special promotions run by Site shall only be valid if they are announced on the Site and only for the limited time announced.

 

Purchasing and Paying for Bid Tokens

 

Bid Tokens (“Bid Tokens”), are purchased by you prior to bidding. Bid Tokens can be purchased in bundles at prices that will be noted on the site. Payment can be made by credit card, debit card. Payment sources must be in the name of the Site Account Holder. We will not accept payments made by third-parties for the Site purchases. IMPORTANT! BID TOKENS ARE VALID FOR ONE YEAR AFTER THEY HAVE BEEN CREDITED TO YOUR ACCOUNT. UPON EXPIRATION, BID TOKENS BECOME VOID AND CAN NO LONGER BE PLACED. Once a Bid Token is used, it is deducted from your account and can no longer be used. Refunds will not be issued for used Bid Cards, expired Bid Cards, free Bid Cards or Bid Cards won in an auction. For further information on refunds please see our Refund Policy.

By placing a bid on an item(s) listed on the Site, you are stating that you have the ability and intention to purchase the item for the amount of your bid, should the auction end and you are the winning bidder, you agree to purchase the item(s) for the amount of your winning bid.

Before placing a bid in an auction, you should be certain you understand all terms and conditions of the sale as indicated by the seller. Placing a bid is considered a legal, binding contract in most jurisdictions. If you have any questions about an item, you should ask before placing your bid.

 

How the Site Works

 

With each Bid Token placed the price of the item on which you are bidding increases by the amount specified. Each new Bid Token adds time to the auction in an amount equal to the displayed time increment. The auction ends when the auction clock reaches zero. The final bidder is declared the winner. Disputes over auction winners will be decided based on the records maintained by the Site. Decisions made by the Site in these instances shall be final and binding. Auctions may offer the “Buy It Now” option. “Buy It Now” will allow you to buy the item instantaneously.

Winning the Auction

After an auction has ended, the successful bidder will be presented with a Site page that will allow for the auction win to be confirmed, and payment and shipping information to be entered. Auction winners will have 7 days to submit the information on this page and make the payment due. After this 7 day period has elapsed, the ability to claim the item won at auction will be revoked.  If you bid on more than 8 auctions and your limit is met, we will not refund you. Only 3 wins are allowed per day.

 

Returns

 

You have the right to return items purchased following a winning auction. Users have 14 days after delivery to return an item. You are responsible for shipping costs on returned items and items returned must be in the exaction condition you received them in with hallmarking and other features intact. Requests for returns or cancellations must be made in writing via our “Contact Us” form or to the following address:

Registered Offices:

Email: support@theusefulauction.com

 

If, for any reason, you are unable to return the items(s) in the exact condition that was sent to you, the Site will retain the right to accept the returned item and reduce the amount of your refund in a proportion equal to the damage on the item (as determined by the Site in its sole discretion). In no case will the return of an item entitle you to a refund of the Bid Cards used to win or purchase the item.

 

Shipping/Handling

 

All items are sent using a traceable service using courier such as Fedex or DHL. A signature will always be required on delivery. You should receive your item within 2-3 days if despatched within the United Kingdom to a United Kingdom address, or in Ireland to an Irish address. For European or International deliveries then it can take between 10-21 days for you to receive the item.. Some restrictions or higher shipping costs or longer delivery times may apply to shipments or the price of postage may increase from time to time which will be updated in these Terms and Conditions where appropriate. Stated delivery times should be considered to be guidelines and are not delivery guarantees. The Site shall be entitled to involve third parties to satisfy its contractual obligations without being required to notify the buyer. You are responsible for inspecting the item and reporting any damage to the item to the Site promptly upon taking delivery.

 

Data/Bidding Strategies Provided by the Site

 

From time to time, the Site may make available to you certain data related to auctions and users bidding on auctions including but not limited to bidder name, number of Bid Tokens, number of auctions bid upon, number of auctions won, item auction history, item pricing, and the like. This data is provided to you by the Site in an effort to assist you in implementing bidding strategies. The Site makes no warranty for the accuracy or efficacy of this data in formulating winning bidding strategies and use of such data in formulating such strategies is undertaken solely at your risk. In a similar fashion, the Site may provide tips and hints related to bidding strategies. These tips, hints and bidding strategies are provided to you by the Site in an effort to assist you in implementing bidding strategies. The Site makes no warranty for the accuracy or efficacy of these strategies in formulating winning bidding strategies and use of such information in formulating such strategies is undertaken solely at your own risk.

 

Right to Publish

 

The Sites reserve the right to publish the name, region address, photographs and videos of any winners. This rule is one of the conditions of participating on the Site, which allows the Site to provide the public with proof of the auctions won by users. This constitutes a fundamental transparency issue.

As a winner of a major auction, you may be asked, depending on advertising needs, to take part in a brief interview about the circumstances surrounding your win.

The information gathered may be used to write a press release and/or appear in advertisements, including but not limited to, television and radio, as well as on the Sites.

 

Disclaimer of Warranties

 

You expressly understand and agree that THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE IS PROVIDED to you on an “as is” and “as available” basis. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITE LINKED TO THIS SITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT ON THE SITE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER CONTENT OR OTHERWISE MADE AVAILABLE VIA THE SITE. SITE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE.

All items are sold with warranty. The Site warrants solely that the  items sold to the user under these terms shall have the characteristics specified in the Sites specifications for such characteristics/description fit as set forth in the description of each auction and assumes no further warranties. The warranty period and service varies by manufacturer and product.

Except for the warranties set forth above, the Site makes no other warranties, either express or implied, with respect to the products, or any related services performed by the Site or any of its agents or subcontractors in connection with any order, including, without limitation, any warranties of fitness for a particular purpose, which other warranties are expressly excluded and disclaimed.

The Site shall not be liable for personal injury and property damage resulting from the improper handling, modification or misuse of the products by the winner or any other person following delivery by the Site. In no event shall the Site be liable to any person for incidental or consequential damages relating to the products, including but not limited to loss of profits or goodwill, loss-of-use damages or additional expenses incurred, whether pursuant to a claim in contract, tort or otherwise and whether in an action .

The Site does not warrant that product information, pricing, or other content on the Site is accurate or complete. In the event of any errors relating to the pricing or information of any product, the Site shall retain the right to decline or cancel any orders in its sole and absolute discretion. If the Site charged your credit card prior to cancellation, the Site will issue a credit to your account in the amount of the charge.

 

Limitation of Liability

 

We are not liable for ANY damages of ANY kind that result from use of the Site. This applies to alleged liability on ANY basis, even if WE HAVE been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. In such jurisdictions any LIABILITIES shall be limited to the extent permitted by law.

We cannot guarantee continuous or secure access to our Site, services or tools, and operation of our Site, services or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our Site, services and tools.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the lesser of(a) the total fees you paid to us in the 3 months prior to the action giving rise to the liability, and (b) $35.

 

Indemnification

 

You agree to defend, indemnify, and hold harmless the Site and its affiliates, their employees, contractors, agents, representatives, officers and directors from all liabilities, claims, and expenses, including without limitation attorneys fees that arise from your use or misuse of the Site, violation of these Terms and/or your User Content.

 

Assignment

 

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Site without restriction.

 

Termination

 

The Site may terminate your Site account or suspend your access to all or part of the Site, without notice, if you violate these Terms or you engage in any conduct that Site, in its sole and absolute discretion, believes is in violation of any applicable law or regulation or is otherwise harmful to the interests of the Site, any other Site user, or any third party. YOU AGREE THAT THE SITE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR REMOVING YOUR USER SUBMISSIONS OR SUSPENDING OR TERMINATING YOUR ACCESS TO THE SITE You may discontinue your participation in and access to the Site at any time. The Site reserves the right to investigate your use of the Site in the event the Site, in its sole and absolute discretion, believes you have violated these Terms.

 

Force Majeure

 

The parties hereto shall not be held to be in breach of its obligation hereunder nor liable to the other for any loss or damage which may be suffered by another part due to any cause beyond its reasonable control including without limitation any act of god, fire, storm, flood, lightening, strike, trade dispute, any act of omission of government or regulatory bodies or communications operators.

 

Choice of Law and Forum

 

These Terms are governed by will be governed by, and construed in accordance with, the laws of Ireland without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in Ireland and to resolve any dispute arising out of your use or misuse of the Site. The parties irrevocably submit to the jurisdiction of said court and waive all objections thereto.

 

Severability and Integration

 

The failure of the Site to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. Unless otherwise specified herein, these Terms and the Privacy Policy constitute the entire agreement between you and the Site and its affiliates and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) with respect to the Site. If any part of these Terms or the Privacy Policy is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

 

Capacity

 

You affirm that you are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. If you are under 18 years of age, then please do not use the Site.

 

Notice and Procedure for Making Claims of Copyright Infringement

 

The Site has in place certain legally mandated procedures regarding allegations of copyright infringement. The Site has adopted a policy that provides for the immediate suspension and/or termination of any user who is found to have infringed on the rights of the Site or of a third party, or otherwise violated any intellectual property laws or regulations. The Site’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know or have a good faith belief that your rights or the rights of a third party have been violated and you want the Site to delete, edit or disable the material in question, you must provide the Site with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Site to locate the material; (d) information reasonably sufficient to permit the Site to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to the Site’s designated agent at:

 

:

 

 

Changes to this Agreement

 

The Useful Auction reserves the right to revise these Conditions at any time and without notice at its sole discretion. User is bound by the version of this agreement that is in effect on the date of its visit

 

Information collected during your visit to the site

 

To provide you with an optimum level of service we collect the following information during your visit, your IP address, your browser type (e.g. Internet Explorer 8), your operating system (e.g. Macintosh, Linux, Windows), and your Internet domain name (e.g. Virgin, MSN)

 

Security

Security is one of our highest priorities and we have spent a great deal of effort to ensure that our online security measures are designed to help safeguard information under our control. We use industry standard secure sockets layer (SSL) encryption technology for the transfer of credit card information

If you have any questions regarding an invoice, receipt or a payment made, please contact the website customer service by sending an email to support@theusefulauction.com.

Please report problems, offensive content, and policy violations to us at support@theusefulauction.com.

Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, forbid access to the Site and its content, services and tools, delay or remove hosted content, and take technical and legal steps to keep users off the Site if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies.

 

Capacity and Anti-Fraud Policy

 

You affirm that you are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. If you are under 18 years of age, then please do not use the Site.

 

Please note we are currently only accepting Customers that reside in Europe, EEA and are limiting our services to permitted sign-up countries as per our website registration.  We may delete or cancel any registrations that full outside of this specified catchment area without any further notice, any bids you may have placed will be refunded, we analyse all sign-ups based on IP Address recorded in our system and any other information that points towards your falling outside of the aforementioned jurisdictions including billing address.  We do not accept any Customers residing in identified sanctioned countries at any time.

 

Users or sign-ups that do not provide us with a valid billing and shipping address will see their registration deleted as part of our anti-fraud policy and procedure.  We reserve the right to request identification for new customers and validation of their billing address and identification as part of our stringent anti-fraudulent measures, should you not comply with this we reserve the right to not accept you as a user of our website.

 

Terms and Conditions for Buy It Now Auctions

 

By submitting your bid, you agree that:

 

You have read and agree with the Terms and Conditions above;

You agree to pay a buyer’s premium of up to 22% and any applicable taxes and shipping, which is included within the calculated price of the buy it now product(s).  

 

BY REGISTERING TO BUY IT NOW BID, YOU ARE OPTING IN TO OUR EMAIL MAILING LIST.

TERMS AND CONDITIONS OF SALE.

 

  1. All items are sold AS IS, WHERE IS with all faults. ALL SALES ARE FINAL – NO REFUNDS AND NO EXCHANGES. WE AND THE CONSIGNOR DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. NO WARRANTIES ARE MADE THAT ANY OF THE MERCHANDISE COMPLIES WITH ANY APPLICABLE GOVERNMENTAL RULES, REGULATIONS OR ORDINANCES OF ANY KIND OR NATURE WHATSOEVER. All items are available for inquiries prior to bidding. Written and oral descriptions are our opinions and should in no way be construed as a guarantee of any kind as to authenticity, age, condition, materials or any other feature of items being sold.

 

The Company attempts to catalog every lot correctly and will attempt to point out any defects but will not be responsible or liable for the correctness of the catalog or other descriptions of the lot. We recommend prospective bidders examine all items in which they have an interest. By placing a bid, either in person, by phone, absentee or via the Internet, you signify that you have examined the items as fully as you desire to or that you have chosen not to examine them. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, we recommend you have an expert examine the lot for you or do not bid on the item in question.

 

  1. All property is sold AS IS, WHERE IS and neither The Company nor the consignor makes any warranties or representations of any kind or nature with respect to property or its value, and in no event shall be responsible for the correctness of description, genuineness, attribution, provenance, authenticity, authorship, completeness, condition of property or estimate of value. No statement (oral or written) in this catalog, at the sale, or elsewhere shall be deemed such a warranty or representation, or any assumption of responsibility. All measurements are approximate.

 

  1. Payment is expected immediately unless the item comes under the Layaway offer, under Layaway. Our Layaway program gives you 60 days to pay in full with no charge to you. After an initial 25% down payment, you can make payments from your buyer account any time with no minimum amount required. Email us requesting “layaway” before checkout on support@theusefulauction.com There is a 10% cancellation fee for all layaway items that are not paid in full before the 60th day.  Upon full receipt of payment your good(s) will be sent in accordance with our delivery policy per above.

 

  1. For all residents of California, 9.00% sales tax will be added to your invoice.

 

  1. The Company reserves the right to withdraw any lot at any time before, during, or after the auction without liability.

 

6.REGARDING ANY PURCHASER WHO IS REPRESENTED BY A BIDDER: BIDDERS ARE PERSONALLY AND INDIVIDUALLY RESPONSIBLE FOR ANY OBLIGATIONS OF THE PURCHASER SET FORTH IN THE TERMS AND CONDITIONS OF SALE. If any applicable conditions herein are not complied with by the purchaser, in addition to other remedies available to us and the Consignor by law, including, without limitation, the right to hold the purchaser liable for the total purchase price, we at our option may either, a) cancel the sale, retaining as liquidated damages all payments made by the purchaser, or b) resell the property at public auction without reserve, and the purchaser will be liable for any deficiency costs including handling charges, the expenses of both sales, our commissions on both sales at our regular rates, reasonable attorney’s fees, incidental damages, and all other charges due hereunder.

 

Regarding appraised goods where applicable –The Company sends them out to a third party for Retail Replacement Value Appraisals, which are the most common.

 

Appraisal value should be considered for insurance purposes only, not actual value, as price varies greatly from retail locations throughout the world. Items should not be purchased with the expectation to resell for appraisal price, or for profit.
All Rights Reserved.