User Agreement and Legal StatementThis user agreement applies to your use of this website and by accessing this website and using the online services you agree to be legally bound by this user agreement. If you do not agree to be bound by this user agreement, you may not access our services.
This user agreement may be amended at anytime and existing users will have a period of 14 days following the date of posting a notice on the site before the amended user agreement takes affect.
1. Membership Eligibility
1.1. The services of Gavel are not to be used by persons under the age of 18 years old or Gavel members that have had their membership suspended or terminated.
1.2. If you are registering on behalf of a business entity, you represent and warrant that you have authority to bind the entity to this user agreement.
1.3. You agree to ensure that your registration details are kept up to date and accurate.
1.4. We reserve the right in our sole discretion to refuse any application to register and access the services and to temporarily or indefinitely suspend any registered members.
2. Online Service
2.1. This website acts as an online venue to allow registered users of the site to auction and sell items and to allow registered users of the site to bid for such items.
2.2. We do not review listings provided by users, we never posses any items listed on the site and we are not involved in transactions between buyers and sellers. Therefore, we do not have control over the quality, safety or legality of items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items.
2.3. You accept sole responsibility for the legality of your actions under laws applying to you.
2.4. In the event that you have any right, claim or action against any other user arising from that user's use of the Site, you agree to pursue such right, claim or action independently of and without recourse to us, and you release Gavel from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.
2.5. We do not control the information provided by other users that is made available through the site. As a result, there are risks of dealing with underage persons or people acting under false pretences. By using this Site, you agree to accept such risks and agree that Gavel is not responsible for the acts or omissions of users on the Site.
3. User Name
3.1. You are only permitted to use your own User Name and password to access our services on this site.
3.1. You must not allow anyone else to use your User Name or password to access our services on this site.
3.2. You must not disclose your password to anyone else.
3.3. Your User Name or account cannot be transferred or sold to anyone else.
3.4. When signing up to our services you must not give false information including a false name and address.
3.5. You must notify us immediately if you have reason to believe that your password has become known to any other person.
4. Bidding and Buying
4.1. If you make a bid for an item listed on this site you are making a legal offer to buy that item and you agree to be bound by any conditions of sale included in the item's description.
4.2. If you are the highest bidder at the end of the item listing and you have met the reserve price or minimum bid placed by the seller, then you are legally obligated to complete the transaction with the seller.
5. Listing and Selling
5.1. If you list an item on the site to be sold in auction you must make sure that it is legal to sell that item in the UK or that it is legal to sell and export that item to a person residing in the buyer's jurisdiction if the buyer is resident overseas.
5.2. The description and terms of sale of the item you are selling must be placed on the listing page for that item on the site.
5.3. Only text descriptions, graphics and pictures relating to the item being sold are permitted on the listing page for that item.
5.4. You must make sure that you have the right to display any content of your listing on this website.
5.5. When listing an item you must place it in an appropriate category.
5.6. If you receive a bid for an item you are listing and that bid meets the reserve price or minimum bid for that item then you must complete the transaction with the buyer at the end of the listing unless the buyer cannot authenticate their identity or the buyer fails to meet the conditions of sale for that item.
5.7. You must not manipulate the price of your listed items by bidding on your own listed items or by encouraging any other person on your behalf to bid on your listed items.
5.8. You must not contact any bidders of your listed items to offer them any other similar items.
5.9. Your account may be suspended if we have reason to believe you are engaging or about to engage in fraudulent activity on our site.
6. Fees
6.1. We charge fees for listing items for sale on our site. These can be viewed in our Fees Policy.
6.2. The Fees Policy may be changed at any time and will take effect after 14 days following the date of posting of the amended Fees Policy.
6.3. We may choose to temporarily change our Fees Policy and the fees of our services for promotional events and such changes are effective from when we announce the temporary promotional event on the site.
6.4. Promotional events will not apply to any listings on the site at the time of the announcement.
6.5. All fees are payable in pounds sterling and are inclusive of VAT.
7. Restrictions
7.1. The information you provide to us or other Gavel users including registration, bidding, listing, feedback and any other content posted on the site must not:
7.1.1. be false, inaccurate or misleading;
7.1.2. be offensive, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights;
7.1.3. infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy;
7.1.4. be fraudulent or involve the sale of counterfeit or stolen items;
7.1.5. be in breach of any applicable laws or regulations (including, but not limited to, laws governing export control, consumer protection, unfair competition, anti-discrimination, false advertising);
7.1.6. be obscene, indecent or contain child pornography;
7.1.7. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
7.1.8. link directly or indirectly to or include descriptions of goods or services that: (a) are prohibited under this User Agreement; (b) are identical to other items you have up for sale but are priced lower than your item's reserve or minimum bid amount; (c) are concurrently listed for sale on a website other than Gavel; (d) you do not have a right to link to or include;
7.1.9. contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information;
7.1.10. cause the site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the site is in any way impaired.
7.2. You must not list any item on the site that, by paying to us the listing fee, could cause us to violate any applicable law.
7.3. In relation to any information, materials or other content that you submit to us via this site, you grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free and fully sub-licensable right to exercise the copyright, trade mark, publicity, and database rights you have in such information. You represent and warrant that you own or otherwise control all of the intellectual property rights and information, materials or other content that you submit or post via this website.
7.4. By accepting this user agreement, you agree that you may only use other users' information that you obtain through this site, such as username, email address and other contact information, for:
7.4.1. Gavel-related communications that relate to your genuine participation in a Gavel-facilitated transaction.
7.4.2. using services offered through Gavel.
7.4.3. any other service provided such user has expressly agreed to it after adequate disclosure of the purpose. In addition, you should only use such information in accordance with applicable laws and regulations including data protection and privacy laws.
8. Termination of Services
8.1. We may discontinue any of your listings and suspend or terminate your user registration without notice:
8.1.1. if you breach this user agreement.
8.1.2. if we are unable to verify or authenticate any information you have given us.
8.1.3. if we believe your actions may cause us financial loss or legal liability.
9. Availability of the Website
9.1. Due to the nature of the internet, we do not guarantee that access to the website will be uninterrupted or continuous. Operation of the site may be interfered with by numerous factors outside of our control.
10. Indemnity
10.1. You agree to fully indemnify, defend and hold us harmless from and against all actions, claims, liability, damages, losses, costs and expenses (including legal fees) made by any third party due to or arising from your breach of this user agreement, or your violation of any law or the rights of a third party.
11. Notices
11.1. Except as otherwise stated, any notices that you send to Gavel should be emailed to customerservices@gavel.co.uk. Notices to you will be sent to the email address you provided to Gavel at the time you registered.
12. Limitation of Liability
12.1. Nothing in this user agreement excludes or limits our liability for death or personal injury, or for fraudulent misrepresentation resulting from our negligence. Subject to this clause:
12.1.1. use of the site and it's services are at your sole risk. We will not be liable for any direct, indirect or consequential losses or damages arising out of your use of the sites services.
12.1.2. Our liability shall be limited to an amount not exceeding: (a) the total fees you have paid to us in relation to your listing or other services offered giving rise to liability (b) where no amount is paid or payable the maximum sum of £100.
13. General Information
13.1. This user agreement shall be construed in accordance with and governed by the laws of England and subject to the exclusive jurisdiction of the English courts.
13.2. The laws of your country may be different from English law or there may be additional legal requirements such as the requirement to hold a licence to sell certain items. You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our services and your bidding on, listing, purchase and solicitation of offers to purchase and sale of items.
13.3. If any provision of this user agreement shall be found to be invalid or unenforceable, such provision will not affect the remaining provisions and all remaining provisions shall remain in force and effect.
13.4. Headings have been included for reference only and will not be used in construing any provision of this user agreement.
13.5. Failure by us to act with respect to a breach of this user agreement by you or others does not waive our right to act with respect to subsequent or similar breaches.
