Auction Terms and Conditions
Opus Art Ltd www.opusartauction.com
Auction Terms and Conditions
Last updated 24/09/2014
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 Opus Art Sheep Street Stow on the Wold
Cheltenham GL54 1AA 05355384
1.4 Any reference to this "website" refers to the website address www.opusartauction.com 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. Eligibility
2.1 You must be a minimum age of 18 to register with and use this website. Furthermore you must be able to enter into legally binding contracts. By registering and 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
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 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.
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 anyway 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 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. Tax
8.1 You are responsible for paying all taxes incurred from using this website and generating profits from such use.
8.2 We will cooperate fully when requested with all government agencies and bodies responsible for assessing and collecting such taxes.
9. Suspension Termination or Downgrading
9.1 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.
9.2 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.
9.3 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.
9.4 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 and Conditions or any other rules we operate on the website from time to time have been breached.
10. Access
We take all reasonable steps to ensure that the website is available and functioning fully at all times. However, we do not accept any responsibility for "down-time" or poor performance of our fileservers or where the website is unavailable for any other reason, whether within or outside our direct control.
11. Disclaimer
11.1 We are not responsible for the accuracy of any content on the website, nor any advertisements placed on the website.
11.2 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.
12. Limitation of Liability
12.1 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.
12.2 We shall not be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, including loss of profit.
12.3 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.
12.4 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.
13. Indemnity
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.
14. Privacy
Use of the website is also governed by our Privacy Policy, which is incorporated into these Terms & Conditions by this reference.
15. No Agency
Nothing in this agreement is intended to or implies any agency, partnership, joint venture, employee/employer relationship or any other similar relationship.
16. Severability
The foregoing paragraphs, sub-paragraphs and clauses of these Terms & Conditions shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
17. Waiver
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.
18. 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, without giving notice to you.
19. Jurisdiction
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. Your statutory rights are unaffected.
Schedule 1
Banned Items
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
Alcohol
Animals or animal parts
Chemicals
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
Fertilisers
Firearms (including imitation or replica firearms)
Fireworks
Human parts or remains
Items from endangered species (including ivory) or items made from such
Knives
Mailing or email lists
Personal or intimate clothing
Personal information or documentation
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)
Tobacco products of any kind
Vouchers
25% buyer's premium will be added when a lot has been won, along with sales tax, VAT and shipping.
Contact Details
Our contact details are as follows:
Opus Art Ltd, Sheep Street, Stow on the Wold Cheltenham GL541AA
Email: Emily@opus-art.com
Telephone
From within the UK 01451802807
Company registration number: 05355384:
