Auction Terms and Conditions
Last updated 10.05.2019
1. Our Website
1.1 Your use of this website and any service contained within constitutes acceptance by you of these Terms & Conditions.
1.2 Any reference to “you” refers to you as a user of this website.
1.3 Any reference to “us” refers to Secondhand Land Auctions
1.4 Any reference to this “website” refers to the website address www.secondhandland.co.uk and such other locations where it may be hosted or featured where the entire website or elements of the website are hosted or featured by our partners.
2.1 You must be a minimum age of 18 to use this website. Furthermore you must be able to enter into legally binding contracts. By using this website you warrant that you are 18 or older, have the capacity to enter into contracts and understand your obligations under these Terms & Conditions.
2.2 You will not be eligible to use this website if you have previously been banned from using it and a ban is currently still in place, or where you have been suspended and a suspension is still in place.
3. Registration, Security & Access
3.1 As part of the registration process you will need to create an account, including a username & password. It is your responsibility to ensure that the information you provide is accurate, not misleading and relates to you. You cannot create an account or username & password using the names and information of another person or using words that are the trademarks or the property of another party (including ours), or vulgar, obscene or in any other way inappropriate. We reserve the right with or without notice to suspend or terminate any account in breach.
3.2 It is a breach of these Terms & Conditions to create more than one account, unless one account is for business use and the other account is for your personal use as a consumer. In this instance business and consumer use should be kept strictly separate. Furthermore one account cannot be used to interact with the other.
3.3 If for any reason you suspect that your username & password has been disclosed to or obtained by another party you should contact us immediately. Please note that we never contact users requesting them to confirm their username & password or other details.
3.4 We reserve the right to block or limit access to any account at any time. We also reserve the right to prevent access to the website at any time from any specific IP address or IP address range or country. We further reserve the right to block any device or devices.
3.5 Furthermore we reserve the right to block any virtual private network (VPN) or proxy service.
3.6 Any blocking of access may be temporary or permanent, at our sole discretion.
4. Specific Auction Rules
4.1 As a user you agree not to do any of the following:
1. Advertise items in inappropriate categories on the website.
2. Advertise any item deemed inappropriate by us, see Schedule 1 below.
3. Breach any local laws with regard to items advertised or sold.
4. Fail to pay for any item purchased by you, whether sold at a fixed price or auction. This excludes where the seller materially alters the terms of the sale after you have bid or agreed to purchase, or where the items are not as described or where the seller’s identity cannot be clearly authenticated.
5. Fail to deliver any item where the sale has been agreed, unless the buyer cannot meet the terms of sale agreed, or where the buyer’s identity cannot be clearly authenticated.
6. Manipulate the bidding process or price of any item, including (but not limited to) bidding for your own items, working in conjunction with others to bid-up items, entering high bids and then withdrawing them, or any other form of manipulation or concerted action to distort the auction process whether related to your own items or those of another user.
7. Seek to avoid the payment of auction fees owed to us or manipulate the fee structure or fee payment process in any way.
8. Use or harvest data provided by other users in a way that they would object to.
9. Use data provided by other users for purposes other than contacting them via the website.
10. Abuse, harass, threaten, stalk, defame or in any way seek to violate the rights of another user or third party.
11. Encourage illegal activity or activity that violates the rights of other users or third parties, whether individuals or organisations.
12. Supply or post content or advertisements calculated to deliberately mislead other users or third parties, including content falsely made to appear from or be endorsed by us.
13. To pose as another user, third party or organisation or Secondhand Land employee for the purposes of obtaining user or third party information.
14. To transmit or transfer any viruses, trojans, worms or any other malicious programs or code intended to spy on, gain control over, disrupt, destroy or in any other way impair any computer hardware or software or any other equipment.
15. Attempt to gain access to our servers or other equipment in order to disrupt, impair, overload or otherwise hinder or compromise the safety, security or privacy of any of the services provided by or relied upon by us and other users.
16. Reframe or repurpose the website or any content on it or remove or obscure any notices or advertising provided by us on the website.
17. Advertise any item, which infringes the trademark, patent, trade secret or any other proprietary right of a third party or infringes any intellectual property law.
18. Send junk or spam email or emails or posts promoting pyramid schemes, chain letters or any other activity that invites users and others to participate in wasting their time and/or money.
19. Use any robot, spider, scraper or other technical means to access the website or content on the website.
4.2 If you breach these Terms & Conditions by sending any unsolicited bulk email, (spam) or any other bulk communications to users your actions will cause harm to us and to the website. Such harm is difficult to quantify and as such you agree to pay us the sum of £50 for each and every individual email or other communication sent to a user or third party.
4.3 The above list is not intended to be exhaustive. We reserve the right to remove (with or without notice) content and suspend or terminate (with or without notice) the account of any user who in our sole judgment is in breach of the rules or the spirit of the rules.
5. Content Ownership
5.1 As a user you retain all ownership rights to content provided by you.
5.2 By submitting, posting or displaying your content on the website you agree to grant a non-exclusive royalty-free licence to us to use, modify, publicly perform, publicly display, reproduce and distribute such content on the website. This allows us to place your content on the website and let all users, whether registered or not to view your content. It also allows us to compress or alter the size of any files you may post to ensure that they can be readily displayed for other users.
5.3 This licence is also royalty-free, which means that the content is provided free of charge to us and we will not pay for the content or account for any advertising revenue generated on the website or on any specific content pages.
5.4 This licence also applies worldwide because the website can be accessed from anywhere in the world, at any time.
5.5 Also as part of the licence you warrant that any content provided by you does not belong to a third party whose rights have been violated by the content being posted on to the website. Furthermore if any content is owned by a third party you agree to pay all royalties and damages owed to that party, without seeking any contribution from us.
6. Copyrighted Material
6.1 We do not condone or encourage in any way the posting of copyrighted or proprietary content or information by any users who are not the legal owners of such content.
6.2 Where notified of such breaches by the owner of such content we will remove the content from the website as soon as practicable. But only where we can reasonably ascertain the true owner of such content.
6.3 If as the owner of such content you believe that your rights have been infringed you should contact us as soon as possible and provide all relevant information in writing.
7. Content Monitoring
Users can freely add content to the website. We do not monitor or assume any responsibility for content posted to the website. If at any time we decide to monitor the website on any occasion it does not mean that we assume any future responsibility for monitoring the website, removing any content or the conduct of any users.
8.1 The fee structure for using this website is a follows: To buyers
On Sold items a buyer’s premium of 10% + VAT with a £1 Minimum will be added to the final Hammer price and the full amount to be paid within 5 days of auction end via bank transfer/credit /debit card.
8.2 All fees must be paid in GB Pounds unless otherwise stated.
8.3 You are responsible for paying all such fees. Failure to pay fees due may mean that we seek to collect fees owed by other means, including (but not limited to) invoicing, use of collection agencies and legal action where we deem it appropriate.
8.4 We reserve the right to change both fees and fee structures on giving you 30 days notice of any such change.
9.1 You are responsible for paying all taxes incurred from using this website and generating profits from such use.
9.2 We will cooperate fully when requested with all government agencies and bodies responsible for assessing and collecting such taxes.
10. Suspension Termination or Downgrading
10.1 We may suspend or terminate your user account and all content and materials associated with it at any time where these Terms & Conditions have been breached. Such suspension or termination can be with or without notice. As a user you can choose to suspend or terminate your account at any time and are free to remove any content you have created on termination.
10.2 It is our sole decision whether to suspend or terminate any user account. In the case of suspension it is also our sole decision was to when (or if) a suspended account will be reactivated.
10.3 Various clauses within these Terms & Conditions are designed to survive and continue after suspension or termination, including (but not limited to) clauses 5, 8, 9, 13 and 14.
10.4 Where we operate a voting, points or any other form of reputation system we can at our sole discretion and with or without notice remove votes, points or otherwise downgrade your reputation where these Terms & Conditions or any other rules we operate on the website from time to time have been breached.
11. Access & Availability
11.1 We take all reasonable steps to ensure that the website is available and functioning fully at all times. However, in the event the website is unavailable or functioning incorrectly either wholly or partly we shall offer (where possible) the opportunity of repeat performance of the service we should have offered to you in the first place – this may include re-running auctions or re-opening bidding where appropriate and practical. Where this is not possible we will offer full or part-refunds subject to clause 13.4 below.
11.2 Refunds will not be offered where a third-party provider who supplies a service to you, rather than us causes the issue.
12.1 We are not responsible for the accuracy of any content on the website, nor any advertisements placed on the website.
12.2 We are not responsible for any links to third party websites from the website and the inclusion of any link does not imply an endorsement of a third party website by us.
13. Limitation of Liability
13.1 Nothing in these Terms & Conditions excludes our liability for death, personal injury or fraudulent misrepresentation due to the negligence of us, our employees, officers or third party partners.
13.2 We shall not be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, including loss of profit.
13.3 We do not directly monitor advertisements, listings or transactions; therefore we cannot guarantee the following:
1. The accuracy of any advertisements or listings.
2. The ability of the seller to sell any item.
3. The ability of the buyer to buy any item.
4. Whether any transaction will actually be completed.
13.4 In any event our liability and that of our employees, officers and third party partners shall be limited in any 12 month period to the total website fees incurred by you in relation to the matter subject to the liability or to a payment of £100, whichever is the greater sum.
You agree to indemnify and hold us and our subsidiaries, affiliates and partners and their respective officers and employees harmless from any loss, fines, fees, liability or claim made by any third party arising from your breach of these Terms & Conditions whilst using the website or any other service provided by us.
15.1 Where any users are in dispute for a period of more than 30 days regarding any item or service offered through the website, including, but not limited to valuation, authenticity, provenance, condition or customisation and cannot resolve the dispute either user may refer the dispute to arbitration as detailed below.
15.2 As part of these Terms & Conditions users agree that a trade body that offers such a service shall act as Arbitrator in the event of an unresolved dispute being referred to them.
15.3 The user referring the dispute to the Arbitrator shall inform the other party in writing at the same time as referring the dispute.
15.4 Both parties will continue to operate and honour the Terms & Conditions of the website while the arbitration process is ongoing.
15.5 The decision of the Arbitrator is final and binding on the parties unless the decision is overruled in further arbitration or in a court of law.
15.6 The Arbitrator will also decide on the arbitration costs to be borne by the parties.
16. Acting as a Business
16.1 Where a user is acting as business and providing goods and services to other users who are acting as consumers the business user will as a minimum offer the same levels of service and consumer protection as specified by the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and such other legislation that may apply or replace these.
16.2 These are as follows:
1. Clear and clearly available contact details.
2. No premium-rate contact numbers, only standard call-rate numbers or free-rate numbers.
3. Clear and accurate product descriptions.
4. Clear pricing and VAT detailed where applicable.
5. Clear shipping charges.
6. No hidden extras.
7. A consumer user has 14 days from receiving an item to change their mind and return it. This excludes any items personalised for them, for example, where engraved or a special order.
8. The business user must pay for the cost of any returns, unless they inform the consumer user in advance that the consumer user must pay for returns.
9. The business user must provide a full refund for returned items within 14 days from the date of cancellation. The business user is entitled to wait until they have proof that the consumer user has made the return, before issuing a refund. The returned item showing in their courier’s system or proof of postage from the consumer is sufficient.
17. Business Defined
For the purposes of the Terms & Conditions as business user is defined as – “a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf”.
18. Consumer Defined
For the purposes of the Terms & Conditions a consumer user is defined as – “an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession”.
19. The Consumer Rights Act 2015
These Terms & Conditions are specifically written in accordance with the Consumer Rights Act 2015. Should these Terms & Conditions conflict with the Act, the Consumer Rights Act 2015 shall prevail and apply.
20. The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
These Terms & Conditions are specifically written in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Should these Terms & Conditions conflict with the Regulations, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 shall prevail and apply.
21. Your Statutory Rights
Where acting as a consumer your statutory rights are unaffected.
23. No Agency
Nothing in this agreement is intended to or implies any agency, partnership, joint venture, employee/employer relationship or any other similar relationship.
The paragraphs, sub-paragraphs and clauses of this Agreement shall be read and construed independently of each other. Should any part of this Agreement or paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
Failure by us to enforce any accrued rights under these Terms & Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.
26. Entire Terms & Conditions
These Terms & Conditions set out the entire agreement and understanding between you and us. We reserve the right to change these Terms & Conditions at any time, on giving reasonable prior notice to you.
These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.
The following is a list of banned items that cannot be advertised in any way, sold or bought on the website, (this list is subject to change without notice):
Adult material or services
Animals or animal parts
Counterfeit currencies, stamps or documents
Counterfeit clothing, watches or any other items passed off as originals
Credit cards or any other type of financial card
Drugs and drug equipment
Firearms (including imitation or replica firearms) & Fireworks
Human parts or remains
Items from endangered species (including ivory) or items made from such
Mailing or email lists, Personal information or documentation
Personal or intimate clothing
Pyramid or multi-level marketing schemes of any kind
Recalled items (where manufacturer or original seller has recalled the item)
Security IDs or badges
Shares or securities
Stolen property of any kind
Uniforms or insignia (excluding school uniforms or play uniforms for children)
Unlicensed software, Tickets (for travel or events) Vouchers
Tobacco products of any kind
Our contact details are as follows:
53 Central Road
Worcester Park, Surrey.
From within the UK: 0208 33 77 335