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Sat, 04 Jul 2009 08:00:51 UK time
Low Bid Auction Terms & Conditions
 

 

Welcome to Auctionair™.

Please note "we" or "us" means Auctionair Limited and "you" means the entrant submitting a bid for a specific item in our catalogue or shown on our website


1. Eligibility & Sealed Nature of bids

1.1
All information concerning bid levels is kept secret for the duration of the auction in question and will not be disclosed to any member of the public until the auction has closed.

1.2 We will make the results of the auction available from the results page of the website within 48 hours of the auction close.

1.3 In order to participate in Auctionair™ you must be over 18 years old and be able to form a legally binding contract. If you do not qualify under these Terms and Conditions please do not participate in Auctionair™. We reserve the right to refuse your participation in Auctionair™ if we find that you are participating in breach of these Terms and Conditions.

1.4 Auctionair auctions are not open for members of the company to participate.


2. Bidding, Buying and Withdrawal

2.1 You must complete all sections of the entry form, pay your entry fee and clearly set out the bid that you wish to place.

2.2 You may submit further bids, although you must pay an additional entry fee for each bid and the previous entry fee will not be refunded.

2.3 We reserve the right to withdraw any item not sold two weeks after the auction closing date or in the event that we receive less than the specified required number of bids in total for that item. Any bids placed for an item that has been withdrawn for these reasons will qualify for a full refund.

2.4 We will notify the winner within 7 working days of the end of an auction cycle. We reserve the right to publicise successful bids. Winning bids will be available via the Auctionair™ website www.auction-air.co.uk


2.5 We reserve the right in our absolute discretion to withdraw items from our brochure or website and/or to substitute alternative items and to increase the number of items available in each Lot and/or amend the descriptions at any time.

2.6 We reserve the right to award the Lot to the lowest unmatched bid received.

2.7 In the event of there being no unmatched bids, we reserve the right to award the Lot to the lowest paired bid received first.

2.8 We will not cover delivery charges unless otherwise stated. Any import duties or taxes will be the responsibility of the buyer.

2.9 For any item requiring delivery, unless otherwise stated, please allow 30 days from the date that we receive payment.

2.10 Unless otherwise stated, all holiday or weekend reservations must be made giving a minimum of 30 days notice. Under certain circumstances, shorter notice reservations may be possible, but we reserve the right to apply premium charges in these instances.

2.11 If insufficient bids have been placed within 4 months of the auction start date, then we reserve the right to cancel the auction in which case entry fees will be refunded in full.

2.12 Within any one auction cycle, no one person or group of persons seeming in our absolute discretion to be acting together, may place more than the stated maximum number of bids per person for any one Lot. In cases where more than the stated maximum number of bids are placed, those bids will be ignored and any entry fee charged for those ignored bids, will be refunded in full.

3. Fees and Proceeds of Sale

3.1
In consideration of entry, an entry fee is payable as set out in this web site.

3.2
The entry fee shall be payable by credit or debit card (the details of which must be given), or by cheque. Your submission of these details is authorisation to us to withdraw this money from your account.

3.3
Each entry will be treated as a request to place a bid (or bids) and fees to do so will only be processed at the end of each working day. In our absolute discretion, we reserve the right refuse any bid requests that we deem to be outside these terms & conditions and therefore not to process the proposed payment.

3.4 If you are declared a winning bidder in respect of any specific item, we shall notify you via the contact details you have provided.

3.5 After we have informed you of a winning bid you will then have 24 hours to decide whether you wish to go ahead with your winning bid at the price you have offered.

3.6 If after we have informed you that you bid has won and if you decide you do not wish to purchase, no further action will be required by you. If we have not heard from you within 24 hours of notifying you by telephone, email, or by leaving a recorded message, we reserve the right to assume you will not accept.

3.7 If after we have informed you that your bid has won and you confirm to us within 24 hours that you do wish to go ahead with a purchase then payment for the item shall be due within five days from your decision.

3.8 If you do confirm to us that you wish to proceed with a winning bid then you will be making a binding commitment to pay the amount you have offered.

3.9 Unless otherwise agreed payment for winning bids must be made by cheque, bankers draft or bank transfers.

3.10 We reserve the right to make interest charges in respect of late payment..

3.11 Refunds after payment for winning bids shall be made only in the event that supply of the item is not fulfilled or cannot be fulfilled by Auctionair or by the supplier of the lot.

3.12 You can cancel your bid within seven days of submitting it and we will refund your entry fee. The winner shall be entitled to reject their bid. You may withdraw your bid at any time prior to the bids being considered, but in this situation we will not refund your entry fee.


4. Personal details

4.1
We are registered with the UK Data Protection Registrar. We take the security of your personal data seriously and will try to ensure that it is not disclosed to any third party without your consent.

4.2
By completing and submitting the Auctionair™ entry form, you consent to us using your personal data for the following purposes: (i) performance of these Terms and Conditions by us, our suppliers and any third party acting on our behalf; (ii) our own internal marketing and promotion.


5. Warranty and Liability

5.1
We make no warranty concerning the quality, availability or fitness for purpose of any items listed or shown in our website or promotional literature.

5.2
In no event shall we be liable for any indirect losses incurred or suffered by you arising directly or indirectly from your participation in Auctionair™ howsoever arising (including negligence).


6. Disclaimer


6.1 We reserve the right, in our absolute discretion, to reject any entry forms and accept no liability in that regard.

6.2 Nothing in this agreement will be construed as excluding or restricting (whether directly or indirectly) our liability for death or personal injury caused by our negligence or for fraudulent misrepresentation. Subject to the foregoing, our liability to you shall be limited to the value of the amount of entry fee and purchase price paid to us whether caused by caused by breach of contract or tort, including negligence or otherwise.

6.3 To the maximum extent permitted by law, all warranties and representations of any kind in relation to the accuracy of the description or estimated value of the Lot shall be excluded. We undertake no obligation to investigate or carry out any test in sufficient depth on each Lot to verify the accuracy or otherwise of the description given and you should not place any reliance on such descriptions or assume that such investigations have taken place. Accordingly we will not be liable for any misstatement, error or omission from the description of any lot.

6.4 We reserve the right to review and revise our terms and conditions from time to time without giving you prior notice and by participating in the auction subsequent to any revision of our terms and conditions, you agree to be bound by such changes.


7. Termination

7.1
Either party may terminate this contract in the event that the other party commits a material breach of these Terms and Conditions, and does not rectify within 30 days of receipt of a written notice.


8. General terms

8.1
This agreement is not intended to create any partnership, agency or joint venture.

8.2
These terms and conditions represent the entire agreement between us.

8.3
Any notices that are required to be given to us, shall be addressed to our registered office, or to you at the address given on the entry form.

8.4
In the event of any dispute, both parties shall agree to refer the matter to an independent expert who shall act as mediator. Mediation shall be a precursor to, but shall not prevent, proceeding with legal action.

8.5 Auctionair Limited is a company registered under the laws of England and Wales under company number 4146549.

 

Auctionair Limited
PO Box 2531
Kineton,
Warwickshire, UK
CV35 0YX
 

 
 


Copyright © 2001- 2007 Auctionair Limited


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