Terms and Conditions for Sellers

Last updated 20th July, 2018

We, Bid-In Tech Ltd, trading as Bid-Aid (we, us, our or Bid-Aid), are delighted that you (you or Seller) wish to use Bid-Aid’s auction services provided through its website, bidaid.org (Site).

Online auctions are an excellent way for charities to maximise their fundraising potential. Whilst we are very happy to assist with sourcing auction items on your behalf (and for further details on how we can help with this, please contact us at help@bidaid.org, we recommend that you use every effort to exploit resources already available to you, for example by asking existing celebrity supporters and donors to provide memorabilia for sale.

These Terms and Conditions for Sellers (Terms), together with any and all other documents referred to in them, set out the details of how we provide our services and each party’s obligations to each other whenever you participate in auctions that take place on our Site (Auctions). Please read these Terms carefully and ensure that you understand them before participating in an Auction. You will be required to read and accept these Terms when you register to sell an item.

  1. Information About Us
    1. The Site is owned and operated by Bid-In Tech Ltd, a limited company registered in England under company number 10664398, whose registered address is at c/o Uhy Hacker Young, Lanyon House, Mission Court, Newport, United Kingdom NP20 2DW.
    2. We are a member of the Autograph Fair Trade Association Limited (AFTAL) .
  2. Access to and Use of Our Site
    1. Access to the Site is free of charge.
    2. It is your responsibility to make any and all arrangements necessary in order to access the Site.
    3. Access to the Site is provided “as is” and on an “as available” basis. We use all reasonable endeavours to ensure that the Site is available and fully functional at all times, however, we may alter, suspend, or discontinue the Site (or any part of it) at any time and without notice. If the Site (or any part of it) is made unavailable and interrupts an Auction in which you are the Seller, where reasonably possible and practical, we will extend the Auction by 24 hours for each period of up to 24 hours for which the Site is unavailable. Subject to the foregoing and the remainder of these Terms, we will not otherwise be liable to you in any way if the Site (or any part of it) is unavailable at any time and for any period.
      1. Use of the Site and our Auction services is also subject to our Terms of Use, Terms and Conditions for Bidders and Privacy Policy
  3. Auctions
    1. Our Site is provided solely as an online venue for Sellers and Site users who bid on items in an Auction (Bidders) to participate in Auctions. We are not a party to any transactions or other relationships between Bidders and Sellers. You hereby acknowledge and agree that:
      1. Bidders are not making purchases from Us and are not entering into a contract with Us. A winning Bidder’s purchase is from you, and their contract is with you;
      2. We will not be a party to any dispute between you and any Bidder or another seller. Any claims must be made directly against the party concerned;
      3. except where you engage us to source items and list then on our Site on your behalf, we do not pre-screen any items that you advertise in any listing on our Site advertising an item for sale in an Auction (Listing). We are not, therefore, in any way responsible for any items advertised or sold, or for the content of any Listings;
      4. you are responsible for ensuring, where appropriate, the authenticity of any item you list for sale and must provide proof of authenticity with each item sold (and exhibit a photograph of such certificate of authenticity or other proof of authenticity in the relevant Listing).
      5. while you are required to comply with these Terms, which include provisions covering important matters such as delivery times and delivery methods, we recognise that all Sellers are different and may not process transactions within the same time frame, or offer the same delivery methods (or prices);
      6. once an Auction has begun, it will run for a pre-determined period of time.
      7. the starting price of an item can be changed at any time, including once an Auction has begun, provided that no Bidder has placed a bid. Prices cannot be changed once a bid has been made (unless all bids are withdrawn).
      8. a Bidder may withdraw any bid made in an Auction at any point up until the Auction reaches the end of its predetermined and stated duration.
      9. if the highest Bidder fails to pay for the item within a reasonable period or does not proceed with their purchase for any reason, we may offer the item to the second highest Bidder and these terms shall apply to any such sale as if it were the highest bidder;
      10. if the Seller wishes to set a minimum price which it wishes to receive for the Listing (Reserve Price) the Seller acknowledges and accepts that no contract of sale will be concluded in the event that the highest bid is lower than the Reserve Price;and
      11. where the Seller asks us to provide value estimates for certain Listings, we do not guarantee that such estimates will be correct and we do not accept any liability whatsoever in the event that Listings turn out to be worth more or less.
    2. Once an Auction has begun, it will run for a pre-determined period of time.
    3. Sellers may change the starting price of an item at any time, including once an Auction has begun, either until a Bidder places a bid, or if all bids are subsequently withdrawn.
    4. You may withdraw any bid made in an Auction at any point up until the Auction reaches the end of its pre-determined and stated duration. If an Auction ends at the pre-determined time and yours is the highest bid, you will be the winning Bidder. If you wish to cancel at this point, please refer to Clauses 13 and 15 below.
  4. Descriptions Policy
    1. When advertising an item for sale in an Auction, it is important that all descriptions of items are truthful and accurate, and that all visual representations are true representations of what you are offering (as far as is reasonably possible). You agree that all Listings submitted by you will comply with the following:
      1. if an item is not new, it must not be described as such;
      2. if an item is used, the description must give as much detail as is reasonably possible about the age of the item, its condition, and any damage or defects;
      3. photographs must be of what you are selling and not stock photographs, photographs from other Sellers or websites, drawings, renderings, or other representations;
      4. your Listing must include delivery costs where it is possible to calculate them in advance, or reasonable estimates where it is not possible to calculate them in advance;
      5. you must not use any content that belongs to other parties in your Listings without their express permission (please refer to Clause 5 for more information on intellectual property rights);
      6. your Listing must not advertise alternate locations from which your item can be purchased, thereby avoiding Our Transaction Fees;
      7. you may not materially alter your Listing after an Auction has ended where such alterations result in a change to the description of an item or to its price.
  5. Intellectual Property Rights
    1. Sellers must, at all times, respect the intellectual property rights of others (including, but not limited to, other Sellers) using our Site. Under no circumstances may you use intellectual property belonging to another party without that party’s express permission.
    2. If you feel that another user (whether they are another Seller or a Bidder or otherwise) has infringed your intellectual property rights in any way, please contact us at help@bidaid.org.
    3. If another party contacts us accusing you of infringing their intellectual property rights:
      1. we will contact you to inform you of the complaint;
      2. we may remove the content that is the subject of the complaint;
      3. if you have questions regarding the complaint, or wish to challenge it, you must contact the complaining party. We will not be a party to any dispute concerning intellectual property and cannot assist in resolving such disputes; and
      4. you are free to resubmit the content in question if the complaint is resolved and you have the permission of the complaining party to do so (where it is required). We can neither permit nor deny such resubmission as we will not be a party to the dispute.
  6. Seller obligations
    1. When using our Site and in particular when participating in an Auction, you must do so lawfully and fairly. You must comply with our Website Terms of Use.
    2. You must be a charity registered with the Charity Commission and have a registered charity number to sell on our Site.
    3. You must always provide accurate, honest information about your organisation and any and all items that you are selling on our Site.
    4. You must not charge excessively for delivery to winning Bidders.
    5. You must not engage in any activity intended to avoid paying the applicable Transaction Fee.
    6. You must not engage in any form of bidding manipulation.
    7. You must not use any personal details provided by a Bidder except for the purposes of fulfilling your obligations under these Terms.
  7. Payment and Transaction Fees
    1. A Transaction Fee of 10% of the Net Winning Bid for each Listing sold will apply to each sale. The Net Winning Bid means the final price of the Listing sold, less any expenses incurred by us in relation to the Listing, for example, where you have asked us to arrange for the item to be framed or packaged and/or delivered to the Bidder on your behalf. Where you are responsible for delivering the item to the winning Bidder, the Transaction Fee is calculated based only on the final price of an item, not including delivery charges.
    2. All payments by Bidders on our Site are made through the payment service provided by Stripe Payments Europe Ltd a limited company registered in Ireland under company number IE513174 whose place of business is 1 Grand Canal Street Lower, Grand Canal Dock, Dublin (Third Party Payment Service Provider).
    3. Payments to Sellers can only be paid into the official account of a registered charity and not to any individual, agent or other person or organisation acting on behalf of the Seller.
    4. We will notify within you within 3 working days of receipt of payment by the Third Payment Service Provider from the winning Bidder. If the winning Bidder does not pay, we will notify you within 4 working days after the end of the Auction and you may cancel the transaction.
    5. We will not make any Bidders’ payment details (including, but not limited to, card numbers, bank account numbers, and sort codes) available to you at any time, or for any reason. All payment details are held securely and shared only with Our Third Party Payment Service Provider.
    6. We will send you a monthly statement and invoice by email within 3 days after the end of each calendar month showing, in respect of each of your Listings sold over the month since your previous statement:
      1. any and all amounts paid to us by the winning Bidder;
      2. any and all expenses paid by us on your behalf as described in Clause 7.1;
      3. the Transaction Fee; and
      4. the balance payable to you following the deduction of the sums described in Clause 7.6.2 and Clause 7.6.3 (Balance).
    7. Within 14 days of the date of the monthly statement described in Clause 7.6, we shall transfer to you the Balance by bank transfer to the bank account notified to us by you.
  8. Taxes
    1. It is your responsibility to collect and pay applicable taxes on any sales made through the Site.
    2. Where any tax, for example VAT, forms a part of the price of any item on the Site, the tax must be included in the price of the item.
    3. Value added tax (“VAT”) may be charged to winning Bidders on purchases and to you on fees payable to us.
    4. If you are VAT registered, you may be required to charge VAT on the items that you sell on the Site.
  9. Delivery
    1. The following terms apply where you hold and are responsible for delivering the item described in the Listing to the winning Bidder:
      1. you must dispatch items as soon as is reasonably possible upon notification of receipt of payment from a winning Bidder under Clause 7, taking into account the nature of the item in question and preparation time. Unless your Listing has stated otherwise, or unless the winning Bidder has agreed otherwise, you must dispatch items no later than 30 calendar days after the date on which the Auction ends;
      2. you must ensure that you dispatch items to the correct address provided by the winning Bidder. It is your responsibility to ensure that the address that you use exactly matches that provided by the winning Bidder. If items dispatched do not reach the winning Bidder due to an incorrect address provided by the winning Bidder, it is their responsibility and not yours;
      3. you are free to determine the delivery charges for your items; however, delivery charges must be reasonable, not excessive, and must genuinely reflect the actual cost to you of delivering the item in question to the winning Bidder;
      4. you must provide an accurate ships-from address in the Listing;
      5. you are responsible for delivering items to winning Bidders upon receipt of payment as notified under Clause 7.4. You may deliver items personally, arrange with the winning Bidder for them to collect the item, or use a postal or delivery service of your choice; and
      6. once an item has been dispatched to a winning Bidder, you must inform them, within 6 hours of dispatch . You must simultaneously notify Us by emailing sales@bidaid.org. You must not describe an item as dispatched until it actually has been.
      7. We strongly recommend that you obtain proof of postage or dispatch when dispatching items. Such proof will be important in the event that a winning Bidder does not receive an item from you.
      8. You must comply with any and all applicable shipping and customs regulations when delivering items to winning Bidders. It is your responsibility to check, be aware of, understand, and comply with all such regulations.
  10. Consumers’ Rights to Cancel and Return Items
    1. Winning Bidders who are consumers (that is, not acting for purposes relating to that person’s trade, business, craft, or profession, within the meaning of “trader” as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) and who are based in the European Union may be entitled to a “cooling-off” period within which they may cancel their contract with you and return an item for any reason. If applicable, the cooling-off period ends 14 calendar days after the day on which the winning Bidder (or someone nominated by them) receives the item.
    2. The cooling-off period does not apply in the following circumstances:
      1. If the item is sealed for health or hygiene reasons, and the winning Bidder has unsealed the item after receiving it; or
      2. If the item consists of sealed audio or video recordings (e.g. CD or DVD) or sealed computer software, and the winning Bidder has unsealed the item after receiving it; or
      3. If the item is digital content and it has been downloaded or otherwise accessed by the winning Bidder; or
      4. If the item is likely to deteriorate quickly, for example flowers or food; or
      5. If the item is an experience or other service and this has been completed, even if the cancellation period is still running; or
      6. If the item is the supply of accommodation, vehicle rental services, catering or services related to leisure activities, if the specific date or period for performance has started; or
      7. If the item has been personalised or made-to-order for the winning Bidder; or
      8. If the item has been inseparably mixed with another item or other items (according to their nature) after the winning Bidder has received it.
    3. If a winning Bidder exercises their right to cancel during the cooling-off period, they must inform you of that decision within the cooling-off period. The winning Bidder may do so in any way they wish. Cancellation by email or by post is effective from the date on which the winning Bidder sends you their message. Please note that the cooling-off period lasts for whole calendar days. If, for example, the winning Bidder sends you an email or letter by 23:59:59 on the final day of the cooling-off period, their cancellation will be valid and must be accepted.
    4. Items must be returned to you by the winning Bidder no more than 14 calendar days after the day on which they inform you that they wish to cancel. The winning Bidder will be responsible for the costs (and insurance) of returning items to you if they cancel under the cooling-off period.
    5. When a winning Bidder cancels under the cooling-off period, you must issue a refund within 14 calendar days of the following:
      1. the day on which you receive the item back; or
      2. the day on which the winning Bidder informs you (supplying evidence) that they have sent the item back (if this is earlier than the day under sub-Clause 10.5.1); or
      3. if you have not yet dispatched the item, the day on which the winning Bidder informs you that they wish to cancel.
    6. You may make certain limited deductions from refunds under this Clause 10 as follows:
      1. you may reduce a refund for any diminished value in an item resulting from the winning Bidder’s excessive handling of it (e.g. handling going beyond that which would be permitted in a shop); and/or
      2. you are only required by law to reimburse standard delivery charges. If a winning Bidder has chosen a premium delivery method, you are only required to reimburse them for the equivalent of standard delivery.
  11. Problems with Transactions and Bidders’ Rights
    1. The items that you sell must be of satisfactory quality, fit for purpose, as described, in accordance with any pre-contract information that you provide to buyers, and that matches any samples or models that you have shown to buyers (unless you have made those buyers aware of any differences).
    2. If an item does not conform with the requirements outlined in Clause 11.1, the winning Bidder must contact you as soon as reasonably possible to inform you of the problem. Depending on the nature of the problem, the following remedies will be available to the winning Bidder:
      1. beginning on the day that the winning Bidder receives the item, the winning Bidder has a 30 calendar day right to reject it and to receive a full refund if it does not conform;
      2. if the winning Bidder does not wish to reject the item, if the 30 calendar day rejection period does not apply, or if it has expired, the winning Bidder may request a repair or replacement. You must bear the costs and must carry out the repair or replacement within a reasonable time and without significant inconvenience to the winning Bidder. If either a repair or a replacement is impossible or disproportionately difficult, you may offer the winning Bidder the alternative option (i.e. a replacement instead of a repair or vice versa) or a full refund. If the winning Bidder requests a repair or replacement during the 30 calendar day rejection period, that period will be suspended while you carry out the repair or replacement and will resume on the day that the winning Bidder receives the replacement or repaired item. If less than 7 calendar days remain out of the original period, it will be extended to 7 calendar days;
      3. if, after a repair or replacement, the item still does not conform (or if you cannot repair or replace it, as described above, or if you have failed to act within a reasonable time or without significant inconvenience to the winning Bidder), the winning Bidder may have the right to keep the item at a reduced price, or to reject it in exchange for a refund.
    3. If the winning Bidder exercises the final right to reject the item more than six months after receiving it, you may reduce any refund to reflect the use that the winning Bidder has had out of it.
    4. Please note that winning Bidders will not be eligible to claim under this Clause 11 in the following circumstances:
      1. you provide details of any fault(s), damage, or other problems with the item in your Listing, i.e. before the winning Bidder purchases it and it is because of that/those same issue(s) that the winning Bidder subsequently wishes to return the item;
      2. the winning Bidder has purchased the item for an unsuitable purpose that is neither obvious nor made known to you and the problem has resulted from the winning Bidder’s use of the item for that purpose; or
      3. the problem is the result of normal wear and tear, misuse, or intentional or careless damage on the part of the winning Bidder.
    5. The costs of returning items to you should be covered by you, reimbursing the winning Bidder where necessary.
    6. Refunds (whether full or partial, including reductions in price) under this Clause 11 must be issued within 14 calendar days of the day on which you agree that the winning Bidder is entitled to a refund.
      1. Any and all refunds under this Clause 11 must include all delivery costs paid by the winning Bidder when the item was originally purchased on completion of the Auction.
      2. Further information on legal rights can be obtained from your local Citizens Advice Bureau or Trading Standards Office.
    1. In these Terms, Data Protection Legislation shall mean (i) unless and until the GDPR is no longer directly applicable in the UK, the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998.
    2. Both you and we will comply with all applicable requirements of the Data Protection Legislation. This Clause 12 is in addition to, and does not relieve, remove or replace, a party's obligations under the Data Protection Legislation.
    3. Both you and we acknowledge that for the purposes of the Data Protection Legislation, we are the data controller and you are the data processor (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation). The Schedule sets out the scope, nature and purpose of processing by you, the duration of the processing and the types of personal data (as defined in the Data Protection Legislation, Personal Data) and categories of Data Subject.
    4. We will ensure that we have all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to you for the duration and purposes of these Terms.
    5. You shall, in relation to any Personal Data processed in connection with the performance by you of your obligations under these Terms:
      1. process that Personal Data only on the written instructions of us unless you are required by the laws of any member of the European Union or by the laws of the European Union applicable to you to process Personal Data (Applicable Laws). Where you are relying on laws of a member of the European Union or European Union law as the basis for processing Personal Data, you shall promptly notify us of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit you from so notifying us;
      2. ensure you have in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);
      3. ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; and
      4. not transfer any Personal Data outside of the European Economic Area unless our prior written consent has been obtained and the following conditions are fulfilled:
        1. we or you have provided appropriate safeguards in relation to the transfer;
        2. the data subject has enforceable rights and effective legal remedies;
        3. you comply with your obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and
        4. you comply with reasonable instructions notified to you in advance by us with respect to the processing of the Personal Data;
        5. assist us, at our cost, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
        6. notify us without undue delay on becoming aware of a Personal Data breach;
        7. maintain complete and accurate records and information to demonstrate your compliance with this Clause 12.5.4.
    6. We consent to you appointing third party couriers or other delivery service providers and, where appropriate, insurers, as a third-party processor of Personal Data under these Terms. You confirm that you have entered or (as the case may be) will enter with the third-party processor into a written agreement incorporating terms which are substantially similar to those set out in this Clause 12.6. As between you and us, you shall remain fully liable for all acts or omissions of any third-party processor appointed by you pursuant to this Clause 12.6.
    7. Either you or we may, at any time on not less than 30 days’ notice, revise this Clause 12 by replacing it with any applicable controller to processor standard clauses or similar terms forming party of an applicable certification scheme (which shall apply when replaced by attachment to these Terms).
    1. Nothing in these Terms limits or excludes our liability for:
      1. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
      2. fraud or fraudulent misrepresentation; or
      3. or any other liability which cannot be limited or excluded by applicable law.
    2. Subject to clause 13.1, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these Terms for:
      1. loss of profits;
      2. loss of sales or business;
      3. loss of agreements or contracts;
      4. loss of use or corruption of software, data or information;
      5. loss of or damage to goodwill; and
      6. any indirect or consequential loss.
    3. Subject to clause 13.1, our total liability to you arising under or in connection with the services performed under these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited in any twelve month period, to 100% of the Transaction Fees paid in the twelve month period immediately preceding the date of the claim.
    4. Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the services we provide. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute by common law or otherwise are, to the fullest extent permitted by law, excluded from these Terms.
    5. This clause 13 will survive termination of the services supplied under these Terms.
    1. Without limiting any other rights we or you may have, either of us may terminate the agreement between with immediate effect by giving written notice to the other if:
      1. the other commits a material breach of any of these Term and (if such a breach is remediable) fail to remedy that breach within 14 days of being notified in writing to do so;
      2. the other fails to pay any amount due under these Terms on the due date for payment;
      3. the other takes any step or action in connection with it entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction or, you cease to be registered with the Charity Commission
      4. the other suspends, threatens to suspend, ceases or threatens to cease to carry on all or a substantial part of its business; or
      5. we are adversely affected by an event outside of our control that continues for more than 30 days (as under Clause 15.2.4).
      6. the other’s financial position deteriorates to such an extent that in the other party’s opinion the other party’s capability to adequately fulfil its obligations under these Terms has been placed in jeopardy.
    2. You may close your account and terminate your agreement with us by giving us 30 days’ notice in writing.
    3. Any outstanding sums due and payable to us on the date of termination (including, but not limited to, Transaction Fees) will remain payable by the original due date and your account will not be fully closed until all sums due to us have been paid.
    4. If you have any active Listings and Auctions on the date of termination, the Listing(s) will be removed from the Site and the Auction(s) ended without a sale. You will remain bound to deliver any items to winning Bidders from Auctions that have completed, where the items have not yet been dispatched, upon receipt of payment from those winning Bidders. The rights of winning Bidders and your obligations to them described in these Terms will be unaffected by your closure and cancellation. Your account will not be fully closed until all pending transactions are complete.
    1. We will not be liable for any failure or delay in performing our obligations to you where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond our reasonable control.
    2. If any event described under this Clause 15 occurs that is likely to adversely affect our performance of any of our obligations to you:
      1. We will inform you as soon as is reasonably possible;
      2. our obligations under these Terms will be suspended and any time limits that we may be bound by will be extended accordingly;
      3. we will inform you when the event outside of our control is over and provide details of any new dates, times, or availability of services as necessary;
      4. if the event outside of our control occurs and continues for more than 30 days and you wish to exercise your right to cancel under Clause 14.1.5, you may do so by notifying us in writing; and
      5. any refunds due to you as a result of your cancellation under Clause 15.2.4 will be paid to you as soon as is reasonably possible and in any event no later than 14 calendar days after your account is cancelled.
    1. When we refer to “in writing” in these Terms, this includes email.
    2. If you wish to contact us with general questions or complaints, you may contact us by email at help@bidaid.org, or by post at Uhy Hacker Young, Lanyon House, Mission Court, Newport, United Kingdom NP20 2DW.
    3. If you would like to terminate our services under these Terms, please contact us by email at help@bidaid.org, or by post at Uhy Hacker Young, Lanyon House, Mission Court, Newport, United Kingdom NP20 2DW, or refer to the relevant Clauses above.
    1. Assignment and transfer.
      1. We may assign or transfer our rights and obligations under these Terms to another entity but will always notify you in writing or by posting on this webpage if this happens.
      2. You may only assign or transfer your rights or your obligations under these Terms to another person if we agree in writing.
    2. Entire agreement. These Terms are the entire agreement between us in relation to their subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Terms.
    3. Variation. Any variation of these Terms only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
    4. Waiver. If we do not insist that you perform any of your obligations under the Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
    5. Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
    6. Third party rights. These Terms are between you and us. No other person has any rights to enforce any of its terms.
    7. Governing law and jurisdiction. These Terms are governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with these Terms to the exclusive jurisdiction of the English courts.

Processing, Personal Data and Data Subjects

  1. Processing by you
    1. You shall process Personal Data relating to Data Subjects who bid for and purchase items sold in an Auction on our Site for the purposes of dealing with questions they have in relation to the Listing and delivering the item to the winning Bidder and dealing with any exercise by the Data Subject of its rights under Clause 10 or Clause 11.
    2. The Personal Data will be processed in relation to each Listing for a period of 1 year from the date the item is sold to the highest Bidder.
  2. Types of personal data
    1. Name;
    2. Delivery address;
    3. Email address;
    4. Telephone number.
  3. Categories of data subjects
    1. Persons over the age of 16 who enquire about, bid and/or purchase items listed for sale by you on our Site.