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General Online Terms and Conditions

Introduction

This Online Terms and Conditions Agreement, Euro Auctions Privacy Policy, Auction Terms and Conditions and all policies posted on our site set out the terms on which Euro Auctions offers you access to and use of our site, services, applications and tools (collectively 'Services'). You can find an overview of our policies here. You agree to comply with all of the above when accessing or using our Services. For information regarding the processing of personal data, please see our User Privacy Notice.

Euro Auctions may, at its discretion, update these Terms at any time. You can access and review the most current version of these Terms at the URL for this page.

PLEASE REVIEW THESE TERMS CAREFULLY. BY REGISTERING FOR AN ACCOUNT OR ACCESSING OR OTHERWISE USING THE SERVICE OR ANY OF ITS COMPONENTS, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, DO NOT ACCESS OR USE THE SERVICES.

Registration

Euro Auctions offers users of the Service the opportunity to sign up for a free member account, via this site. Account holders can:

  • Track items and save stock searches
  • Check past auction results from previous Euro Auctions auctions
  • Bid online in real time via our bidding software (after registering to bid at the auction
  • Receive email updates about auction dates, stock, news etc. if signed up for email.

You may browse the site without registering, but some features may not be accessible unless you register. In registering you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the registration form (the "Registration Data"); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Euro Auctions reasonably suspects that you have done so, Euro Auctions may suspend or terminate your account.

You can manage your account by accessing your user profile after sign-in in the My Account section.

You are fully responsible for all activities that occur under your account. You may not share your username or password with anyone. You agree to notify Euro Auctions immediately of any unauthorized use of your username or password or any other similar breach of security.

Cost

There are no fees or costs associated with signing up for or maintaining a member account. Users may be required to post a deposit prior to placing bids online in any Euro Auction auction.

Rights to Content

You acknowledge and agree that Euro Auctions and its licensors own all rights, title and interest (including, but not limited to, intellectual property rights) in the Services and all information, data, text, software, music, sounds, photographs, graphics, videos, messages, scripts, tags and/or other material accessible through the Services ("Content") and other materials within the Services.

Except as expressly permitted by these Terms, you may not: (i) use, distribute, transmit, reproduce, modify, adapt, create derivative works from, publicly perform or publicly display any Content; (ii) frame or utilize any framing technique to enclose any Content; (iii) decompile, decode, disassemble, reverse engineer, reverse assemble or otherwise attempt to discover any source code or the architectural framework for any software within or associated with the Services; or (iv) access the Services for purposes of developing, marketing, selling or distributing any product or service that competes with or includes features substantially similar to the Services or any products or services offered by Euro Auctions. Euro Auctions reserves all rights not expressly granted to you.

Restrictions Governing the Use of the Service

As a condition of your use of the Services, you shall not:

  1. upload, post, email, transmit or otherwise make available any Content that: (i) is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or otherwise objectionable; (ii) may not be made available under any law or under contractual or fiduciary relationships (such as confidential or proprietary information learned as part of an employment relationship or under a non-disclosure agreement); (iii) infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; (iv) consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, commercial electronic messages or any other form of solicitation; or (v) contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware;
  2. impersonate any person or entity, including, but not limited to, Euro Auction personnel, or falsely state or otherwise misrepresent your affiliation with any person or entity;
  3. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
  4. use the Services in any way that violates any local, national or international law or regulation or that is prohibited by the Terms of Use;
  5. use Services in any manner that could damage, disable, overburden, or impair the Services;
  6. use any device, software, routine or other means to interfere or attempt to interfere with the proper working of the Services.
  7. take any action that imposes an unreasonable or disproportionately large load on the Services or our infrastructure;
  8. interfere with or disrupt any computer networks involved in the provision of the Services or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
  9. interfere with any other party's use of the Services.
  10. use the Services in such a way as to gain unauthorized access to the computer systems of others;
  11. sell, share, transfer, trade, loan or exploit for any commercial purpose any portion of the Services, including, but not limited to, your user account and password; or
  12. use spiders, crawlers, robots or any other similar means to access the Services or substantially download, reproduce or archive any portion of the Services, or otherwise engage in any data-mining activities using the Services or in any commercial use of the information obtained through the Services.

Registration to Participate in an Auction

Euro Auctions hold auctions in numerous jurisdictions around the world and different laws and regulations are applicable to each of our auctions. Therefore, in addition to creating a member account to access and use the Services, you will be required to register separately for each auction in which you wish to place bids online.  You will also be required to enter a separate bidder registration agreement for each auction, and hereby acknowledge and accept any specific auction site requirements, terms and conditions made available to you prior to bidding. Successful registration for one auction does not guarantee registration for any other auction. Euro Auctions reserve the right to refuse to register any person for any auction.

Upon your use of the Services to register for an auction, you will be assigned a buyer number that will identify you whenever you place bids online at that auction. You are responsible for all activities that occur using your Online Bidding Number.

General Eligibility for Access to and Use of Online Bidding Services

By accepting these Terms, you warrant that: (i) you are of legal age and possess the legal capacity to participate in Euro Auctions auctions; (ii) you are eligible to participate in Euro Auctions auctions under all laws and regulations applicable to you in your jurisdiction; (iii) you will be financially responsible for your use of the Online Bidding Number; and (iv) you will be responsible for any usage by minors or any other party of any Online Bidding Number under your name or account.

Online Bidding during an Auction

Bids for a particular item may be made on a live basis using your Online Bidding Number, as explained in detail elsewhere within the Service.

BIDS PLACED VIA ONLINE BIDDING SERVICES ARE FIRM COMMITMENTS TO PURCHASE AND MAY NOT BE CANCELED OR RETRACTED FOR ANY REASON.

EURO AUCTIONS CANNOT AND DOES NOT GUARANTEE THAT BIDS PLACED VIA ONLINE BIDDING SERVICES WILL BE TRANSMITTED TO OR RECEIVED BY THE AUCTIONEER IN A TIMELY FASHION. FURTHER, THE AUCTIONEER HAS THE SOLE DISCRETION TO ACCEPT OR REFUSE ANY BID.

All bids must be submitted in the relevant auction currency as identified within the Services. All bids are exclusive of all applicable taxes, customs duties, registration fees, shipping, rigging, or other preparation and transportation costs and insurance. Bids for an item do not apply to subsequent offerings of identical or similar items. A bid that was unsuccessful may be reinstated if a problem arises with a higher bid. Confirmed pruchases through the Services will be notified by email provided in their Registration Data.

All forms of shill bidding, including collusion, bid manipulation and bidding on lots that you, or a party that is affiliated with you, have consigned to the auction is strictly forbidden. You may not make a bid under a false name or as agent for a person who would himself or herself be prohibited from placing a bid on a particular lot.

Bidder Information

"Bidder Information" includes any information you provide to Euro Auctions when you register to use the Services including Registration Data, when you register to participate in a particular Euro Auctions auction, bid in any Euro Auction auction or communicate with Euro Auctions or its affiliates via phone, fax or email as part of your use of the Services. You are solely responsible for the accuracy, completeness and truthfulness of your Bidder Information. Euro Auctions reserves the right to take any action with respect to Bidder Information if Euro Auctions reasonably believes such information violates these Terms or is restricted or prohibited by law.  By submitting Bidder Information to Euro Auctions, you agree that Euro Auctions may collect, use and/or disclose such information, including any personal information, for the purposes described in our Privacy Policy.

Auction Data

You may not record, store, duplicate, reproduce, re-broadcast or otherwise exploit at any time any data or audio/video content transmitted to you during a live auction (collectively, "Auction Data"). Euro Auctions and its licensors own all right, title and interest in and to all Auction Data, including all intellectual property rights therein and thereto.

No Professional Advice

Any information supplied by any employee or agent of Euro Auctions or its affiliates, in any form whatsoever, is intended solely as general guidance on the use of the Services and the buying and selling of lots at Euro Auctions auctions.

All Content is provided for informational purposes only. By no means is any Content intended to substitute for the advice that may be provided to you by a professional. If you need specific advice (e.g., engineering, scientific, risk management, appraisal, valuation, legal), please seek a professional who is licensed or knowledgeable in that area. You are solely responsible for selecting the appropriate equipment for your needs.

Suggestions

If you elect to provide or make available to Euro Auctions any suggestions, comments, ideas, improvements or other feedback relating to the Services, Euro Auctions shall be free to use, disclose, reproduce, have made, modify, license, transfer and otherwise utilize and distribute your Suggestion in any manner, without credit or compensation to you.

Dealings with Other Third Party Partners

Your dealings with our third party partners, who market, sell, provide or offer to sell or provide any goods or services on the Services, including payment for or delivery of such goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the third-party partner. You agree that Euro Auctions shall not be liable for any loss or damage of any kind incurred as a result of any such dealings.

Links and External Materials

The Services may provide links to other websites or resources. You acknowledge and agree that Euro Auctions does not endorse and is not responsible for any content, advertising, products, services or other materials on or available through such sites or resources ("External Materials"). The External Materials are subject to different terms of use and privacy policies, which you are responsible for reviewing. You further acknowledge and agree that Euro Auctions shall not be liable for any damage or loss caused by or resulting from use of or reliance on any External Materials.

Modifications to the Service

Euro Auctions reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any portion thereof) with or without notice. You agree that Euro Auctions shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services (or any portion thereof).

Termination

Without limiting any other remedies, Euro Auctions reserves the right, at its sole discretion, to revoke your access to Services at any time and without notice, for any reason, including, without limitation, if we (i) conclude you have engaged in activity unacceptable to Euro Auction in connection with our site or access to or use of the Services, or (ii) determine you are in breach of these Terms.

In the event that you violate these Terms, all rights granted to you under these Terms shall be terminated immediately, with or without notice. Upon termination for any reason, Euro Auctions, in its sole discretion, may remove and discard your member account profile. The provisions of these Terms that should by their nature survive termination of these Terms shall survive such termination.

Indemnification

You agree to indemnify, defend and hold Euro Auctions and its affiliates, and each of their officers, directors, employees, agents, partners, licensors, successors and assigns (collectively, "EA Parties") harmless from and against any claim, demand, loss, damage, cost, liability and expense, including, but not limited to, reasonable attorneys' fees, resulting from or arising out of your: (a) access to or use of the Service; (b) violation of these Terms or any law or regulation; or (c) violation of any rights of another party.

Disclaimers

You acknowledge and agree that the internet is an unreliable, unsecured, and error-prone network and Euro Auctions (EA) Parties cannot and do not guarantee continuous, uninterrupted or secure access to the Service. You agree to hold EA Parties harmless for any interruptions in the Services, or your inability to reach or effectively use the Services.

THE SERVICES, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS, SERVICES AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICES, IS PROVIDED ON AN "AS IS," "WHERE IS," "AS AVAILABLE" BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EA PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING, BUT, NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

EA PARTIES DO NOT WARRANT AND HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THE SERVICE OR THE FUNCTIONS, FEATURES, CONTENT OR OTHER MATERIALS CONTAINED, MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY SOFTWARE, PRODUCTS OR OTHER MATERIALS WILL: (A) BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED; OR (B) MEET YOUR REQUIREMENTS.  EA PARTIES FURTHER DO NOT WARRANT AND HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE RESULTS, INCLUDING THE ACCURAY OR RELIABILITY OF SUCH RESULTS, THAT MAY BE OBTAINED FROM ACCESS TO OR USE OF THE SERVICE OR THE FUNCTIONS, FEATURES, CONTENT OR OTHER MATERIALS CONTAINED, MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY SOFTWARE, PRODUCTS OR OTHER MATERIALS.

IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EA PARTIES OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THIS AGREEMENT.

You acknowledge and agree that any information, data or other materials that you obtain from or through the Services, whether provided by EA Parties or others, may contain errors or be inaccurate or incomplete. It is solely your responsibility to confirm the accuracy, completeness and reliability of any such information, data or other materials.

Limitation of Liability

IN NO EVENT SHALL EA PARTIES BE LIABLE FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST REVENUES AND OTHER SUCH DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS OR FINANCIAL LOSS, EVEN IF EA PARTIES HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL EA PARTIES BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR RESULTING FROM: (A) THE FAILURE OF ANY INFORMATION OR DATA TO BE TRANSMITTED OR RECEIVED IN A TIMELY FASHION; (B) THE INTERRUPTION OF ANY DATA TRANSMISSION; (3) THE DOWNLOADING OF ANY APPLICATIONS OR INFORMATION RELATED TO THE SERVICE; OR (4) THE USE OF OR INABILITY TO USE THE SERVICES.

IN NO EVENT SHALL THE EA PARTIES' TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE TERMS AND CONDITIONS OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE)..

Governing Law

These Terms and any dispute or claim arising out of or relating in any way to these Terms or your access to or use of the Services, including, but not limited to, the validity, applicability or interpretation of these Terms, shall be governed by and construed and enforced in accordance with the UK laws applicable therein, without regard to conflict of laws principles. Applicable laws may require that the laws of the country in which you reside apply, in which case the laws of such jurisdiction will apply. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms.

Forum for Disputes

Any dispute or claim arising out of or relating in any way to these Terms or your access to or use of the Services, including, but not limited to, the validity, applicability or interpretation of these Terms, shall be brought only in a court of competent jurisdiction in UK.  You hereby submit to the personal jurisdiction and venue of such courts and waive any objection on the grounds of venue, forum non-conveniens or any similar grounds with respect to any such proceeding.

Class Action Waiver

EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, You agree and understand that you will not bring against Euro Auctions, or any of its affiliates or related entities, and the directors, officers, agents, and/or employees any class, CONSOLIDATED OR REPRESENTATIVE action related to your access to, dealings with, or use of our Service, AND ANY SUCH CLAIM WILL BE RESOLDED ONLY ON AN INDIVIDUAL BASIS.

No Waiver

The failure of Euro Auctions to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

No Third-Party Beneficiaries

You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.

Language

It is the express wish of the parties that these Terms and all related documents be drawn up in English. Where Euro Auctions has provided any translation of the English language version of these Terms, such translation is provided for your convenience only. To the extent there is any inconsistency between the English language version and any such translation, the English language version shall govern.

General

Unless otherwise specified herein, these Terms constitute the entire agreement between you and Euro Auctions concerning your access to and use of the Services and it supersedes all prior or contemporaneous oral or written negotiations and agreements between you and Euro Auctions with respect to such subject matter. If any provision of these Terms is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of these Terms. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

 

 

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