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Terms for Bidders

TERMS FOR BIDDERS

BACKGROUND:

These Terms for Bidders, together with any and all other documents referred to herein, set out the terms under which Users (“Bidders”) participate in Auctions on Our Site. Please read these Terms for Bidders carefully and ensure that you understand them before participating in an Auction. If you do not agree to comply with and be bound by these Terms for Bidders, you will not be able to participate in Auctions on Our Site. These Terms for Bidders, as well as any and all contracts are in the English language only.


1. Definitions and Interpretation
1.1 In these Terms for Bidders, unless the context otherwise requires, the following expressions have the following meanings:

“Account” means an account required to access and/or use certain areas of Our Site;
“Auction” means an auction that takes place on Our Site;
“Bidder” means a User who bids on an item in an Auction;
“Business” means “a person acting for purposes relating to that person’s trade, business, craft, or profession, whether acting personally or through another person acting on the trader’s behalf” (that is, as a “trader” is defined in The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013);
“Content” means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
“Listing” means a listing on Our Site advertising an item for sale in an Auction;
“Our Site” means this website, www.racebredauctions.com
“Payment Service” means the payment service provided by PayPal
“Seller” means a User who offers an item for sale in an Auction;
“Third Party Payment Service Provider” means PayPal, a limited company registered in England under company number 05468033, whose registered address is 5 New Street Square, London, EC4A 3TW
“User” means a user of Our Site;
“User Content” means any Content added to Our Site by a User; and
“We/Us/Our” means RaceBred Ltd, a limited company registered in England under company number 10994479, whose registered address is

Kemp House
160 City Road
London
EC1V 2NX
UNITED KINGDOM

2. Information About Us
Our Site is [owned and] operated by RaceBred Ltd, a limited company registered in England under company number 10994479, whose registered address is

Kemp House
160 City Road
London
EC1V 2NX
UNITED KINGDOM


3. Access to and Use of Our Site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We use all reasonable endeavours to ensure that Our Site is available and fully functional at all times, however, We may alter, suspend, or discontinue Our Site (or any part of it) at any time and without notice. If Our Site (or any part thereof) is made unavailable and interrupts an Auction in which you are a Bidder, where reasonably possible and practical, We will restart the Auction. Subject to the foregoing and the remainder of these Terms for Bidders, We will not otherwise be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
3.4 Use of Our Site is also subject to Our Terms of Use and Terms for Sellers. Please ensure that you have read them carefully and that you understand them.

4. Age Restrictions
You may only participate in an Auction if you are at least 18 years of age.

5. Auctions
5.1 Our Site is provided solely as an online venue for Bidders and Sellers 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:
5.1.1 You are not making a purchase from Us and are not entering into a contract with Us. If you are the winning Bidder in an Auction, your purchase is from the Seller in question, and your contract is with that Seller;
5.1.2 We will not be a party to any dispute between you and any Seller or another Bidder. Any claims must be made directly against the party concerned;
5.1.3 We do not pre-screen Sellers or any items that Sellers advertise in Listings. We are not, therefore, in any way responsible for any items advertised or sold, or for the content of any Listings; and
5.1.4 While all Sellers are required to comply with Our Terms for Sellers https://www.racebredauctions.com/content/terms-for-sellers.html which include provisions covering important matters such as payment methods, processing times, and delivery methods, all Sellers are different and may not accept the same payment methods, process transactions within the same time frame, or offer the same delivery methods (or prices).
5.2 Once an Auction has begun, it will run for a pre-determined period of time. A Seller may end an Auction at any time before the end of that period without any obligation to any Bidder.
5.3 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.
5.4 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.

6. Intellectual Property Rights
6.1 The provisions of Clause 6 of Our Terms of Use apply to all User Content submitted to Our Site, including any and all User Content in Listings.
6.2 Bidders must, at all times, respect the intellectual property rights of Sellers on Our Site. Under no circumstances may you use intellectual property belonging to another party without that party’s express permission.

7. Bidder Rules and Acceptable Usage Policy
7.1 When using Our Site and in particular when participating in an Auction, you must do so lawfully, fairly, and in a manner that complies with the provisions of this Clause 7. Specifically:
7.1.1 you must ensure that you comply fully with all local, national, or international laws and/or regulations;
7.1.2 you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
7.1.3 you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind;
7.1.4 you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way;
7.1.5 you must always provide accurate, honest information to Sellers on Our Site;
7.1.6 you must not engage in any form of bidding manipulation; and
7.1.7 you must not use any personal details provided by a Seller except for the purposes of using Our Site in accordance with these Terms for Bidders.
7.2 When using Our Site, you must not submit anything, or otherwise do anything that:
7.2.1 is sexually explicit;
7.2.2 is obscene, deliberately offensive, hateful, or otherwise inflammatory;
7.2.3 promotes violence;
7.2.4 promotes or assists in any form of unlawful activity;
7.2.5 discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;
7.2.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
7.2.7 is calculated or is otherwise likely to deceive;
7.2.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
7.2.9 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.2);
7.2.10 implies any form of affiliation with Us where none exists;
7.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks, patents, and database rights) of any other party; or
7.2.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
7.3 We reserve the right to suspend or terminate your access to Our Site and/or your ability to participate in Auctions if you materially breach the provisions of this Clause 7 or any of the other provisions of these Terms for Bidders. Further actions We may take include, but are not limited to:
7.3.1 removing any offending material from Our Site;
7.3.2 issuing you with a written warning;
7.3.3 legal proceedings against you for reimbursement of any and all relevant costs resulting from your breach on an indemnity basis;
7.3.4 further legal action against you as appropriate;
7.3.5 disclosing such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
7.3.6 any other actions which We deem reasonably necessary, appropriate, and lawful.
7.4 We hereby exclude any and all liability arising out of any actions that We may take in response to breaches of these Terms for Bidders.

8. Purchasing from Sellers
8.1 As set out above in Clause 5, all transactions in Auctions on Our Site are between Bidders and Sellers only. We are not a party to such transactions.
8.2 When making a purchase from a Seller as a winning Bidder, you expressly agree that:
8.2.1 you have read the description and all details within the relevant Listing carefully and that you understand and agree to any and all specific points and issues (for example, descriptions of wear and tear or damage to a used item) noted by the Seller;
8.2.2 subject to sub-Clause 8.3, you will pay for the item purchased in full and on time, using one of the Seller’s accepted payment methods via Our Payment Service, details of which are provided below in Clause 9; and
8.2.3 you have provided complete and accurate delivery details to the Seller.
8.3 You may refuse to pay for an item and cancel the transaction if the Seller materially changes the description or price of an item after the Auction has ended.

9. Payment Service
9.1 All Payments on Our Site are made through the Payment Service provided by PayPal Payments Pro, Our Third Party Payment Service Provider.
9.2 Your use of the Payment Service requires an account with the Third Party Payment Service Provider and will be subject to its own terms and conditions and privacy policy. You will be required to read and accept those terms and conditions and privacy policy before making payments to Sellers.
9.3 By using the Payment Service, you acknowledge and agree to Us sharing your personal information and/or information about your transactions on Our Site with the Third Party Payment Service Provider.
9.4 The Payment Service works with the following payment methods (please note that not all Sellers will accept all of the following):
9.4.1 PayPal balance, bank account, PayPal branded debit and credit cards, PayPal Credit, debit card, and credit card.
9.5 If We receive notice from the Third Party Payment Service Provider that your use of Our Site or the Payment Service is in breach of their terms or of any agreement between you and them, We may take actions including, but not limited to, those necessary to rectify your breach, removing your ability to use the Payment Service to make or accept payments on Our Site, and/or the suspension or termination of your Account on Our Site.
9.6 The Third Party Payment Service Provider reserves the right to refuse the use of the Payment Service to anyone, for any reason, and at any time.

10. Payments to Sellers
10.1 All payments are processed using the Payment Service described above in Clause 9.
10.2 If you do not pay, the Seller may cancel the transaction. Please refer to Clause 15 for more information on the Seller’s cancellation rights.
10.3 We will not make any of your payment details (including, but not limited to, card numbers, bank account numbers, and sort codes) available to Sellers at any time, or for any reason. All payment details are held securely and shared only with Our Third Party Payment Service Provider.

11. Taxes
11.1 It is the responsibility of Sellers to collect and pay taxes on any sales made through Our Site.
11.2 Where any tax, for example VAT, forms a part of the price of any item on Our Site, the tax must be included in the price of the item.
11.3 If a Seller is VAT registered, they may be required to charge VAT on the items that they sell on Our Site.
11.4 For further information on VAT and other taxes in your location, please contact your local tax authority.

12. Delivery
12.1 Sellers are required to ship items to you as soon as is reasonably possible upon receipt of payment, taking into account the nature of the item in question and preparation time. Unless a Listing states otherwise, or unless you have agreed otherwise with the Seller, the Seller must dispatch items no later than 30 calendar days after the date on which the Auction ends.
12.2 As stated in sub-Clause 8.2.3, you must provide complete and accurate delivery details to the Seller. The Seller is responsible for ensuring that they use the delivery address exactly as you provide it to them, but if dispatched items do not reach you due to an incorrect address provided by you, it is your responsibility and not the Seller’s.
12.3 Sellers are free to determine the delivery charges for their items; however, Sellers must ensure that delivery charges are reasonable, not excessive, and genuinely reflect the actual cost to the Seller of delivering the item in question to you.
12.4 Sellers must also provide a ships-from address for your reference.
12.5 Different delivery methods may be offered by different Sellers. Delivery options may include personal delivery, winning Bidder collection, and postal or delivery service. [The final choice of delivery service is the Seller’s] OR [The final choice of delivery service is to be agreed between you and the Seller].
12.6 Once an item has been dispatched to you, the Seller will inform you that it has been dispatched. Our Site provides such notification for you.
12.7 Our Site allows Sellers to share tracking information obtained from a postal or delivery service with you.
12.8 Sellers are responsible for ensuring that they check, are aware of, and comply with all applicable shipping and customs regulations when shipping items to you.

13. Your Rights to Cancel and Return Items
13.1 If the Seller is selling as a Business, and if you are a consumer (that is, not a Business) based in the European Union, you may be entitled to a “cooling-off” period within which you may cancel your contract with a Seller and return an item for any reason. If applicable, the cooling-off period ends 14 calendar days after the day on which you (or someone nominated by you) receive(s) the item.
13.2 The cooling-off period does not apply in the following circumstances:
13.2.1 If the Seller is selling as a private individual; or
13.2.2 If the item is sealed for health or hygiene reasons, and you have unsealed the item after receiving it; or
13.2.3 If the item consists of sealed audio or video recordings (e.g. CD or DVD) or sealed computer software, and you have unsealed the item after receiving it; or
13.2.4 If the item is digital content and it has been downloaded or otherwise accessed by you; or
13.2.5 If the item is likely to deteriorate quickly, for example flowers or food; or
13.2.6 If the item has been personalised or made-to-order for you; or
13.2.7 If the item has been inseparably mixed with another item or other items (according to their nature) after you have received it.
13.3 If you wish to exercise your right to cancel during the cooling-off period, you must inform the Seller of your decision within the cooling-off period. You may do so in any way you wish. Cancellation by email or by post is effective from the date on which you send the Seller your message. Please note that the cooling-off period lasts for whole calendar days. If, for example, you send the Seller an email or letter by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and must be accepted.
13.4 Items must be returned to the Seller no more than 14 calendar days after the day on which you in form the Seller that you wish to cancel. You will be responsible for the costs of returning items to the Seller if you cancel under the cooling-off period.
13.5 When you cancel under the cooling-off period, the Seller must issue a refund within 14 calendar days of the following:
13.5.1 The day on which the Seller receives the item back; or
13.5.2 The day on which you inform the Seller (supplying evidence) that you have sent the item back (if this is earlier than the day under sub-Clause 13.5.1); or
13.5.3 If the Seller has not yet dispatched the item, the day on which you inform the Seller that you wish to cancel.
13.6 The Seller may make certain limited deductions from refunds under this Clause 13 as follows:
13.6.1 The Seller may reduce a refund for any diminished value in an item resulting from your excessive handling of it (e.g. handling going beyond that which would be permitted in a shop); and/or
13.6.2 The Seller is only required by law to reimburse standard delivery charges. If you have chosen a premium delivery method, the Seller is only required to reimburse you for the equivalent of standard delivery.

14. Problems with Transactions and Your Rights
14.1 If a Seller is selling as a Business, the items that they sell must be of satisfactory quality, fit for purpose, as described, in accordance with any pre-contract information that the Seller has provided to you, and that matches any samples or models that the Seller has shown to you (unless the Seller has made you aware of any differences). If the Seller is selling as a private individual, the items that they sell must only be as described.
14.2 If an item does not conform with the requirements outlined in sub-Clause 14.1, you must contact the Seller as soon as reasonably possible to inform them of the problem. Depending on the nature of the problem, the following remedies will be available to you:
14.2.1 Beginning on the day that you receive the item, [if the item is goods,] you have a 30 calendar day right to reject it and to receive a full refund if it does not conform.
14.2.2 If you do not wish to reject the item, if the 30 calendar day rejection period does not apply, or if it has expired, you may request a repair or replacement. The Seller must bear the costs and must carry out the repair or replacement within a reasonable time and without significant inconvenience to you. If either a repair or a replacement is impossible or disproportionately difficult, the Seller may offer you the alternative option (i.e. a replacement instead of a repair or vice versa) or a full refund. If you request a repair or replacement during the 30 calendar day rejection period, that period will be suspended while the Seller carries out the repair or replacement and will resume on the day that you receive 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.
14.2.3 If, after a repair or replacement, the item still does not conform (or if the Seller cannot repair or replace it, as described above, or if the Seller has failed to act within a reasonable time or without significant inconvenience to you), you may have the right to keep the item at a reduced price, or to reject it in exchange for a refund.
14.3 If you exercise your final right to reject the item more than six months after receiving it, the Seller may reduce any refund to reflect the use that you have had out of it.
14.4 Please note you will not be eligible to claim under this Clause 14 in the following circumstances:
14.4.1 the Seller provides details of any fault(s), damage, or other problems with the item in their Listing, i.e. before you purchase it and it is because of that/those same issue(s) that you subsequently wish to return it;
14.4.2 you have purchased the item for an unsuitable purpose that is neither obvious nor made known to the Seller and the problem has resulted from your use of the item for that purpose; or
14.4.3 the problem is the result of normal wear and tear, misuse, or intentional or careless damage on your part.
14.5 Refunds (whether full or partial, including reductions in price) under this Clause 14 must be issued within 14 calendar days of the day on which the Seller agrees that you are entitled to a refund. 14.6 Any and all refunds under this Clause 14 must include all delivery costs paid by you when the item was originally purchased.
14.7 Further information on legal rights can be obtained from your local Citizens Advice Bureau or Trading Standards Office.

15. Further Transaction Cancellation Rights
15.1 Transactions can be cancelled, with the Seller issuing, where applicable, a full refund of any sums paid (including delivery charges) in the following circumstances:
15.1.1 You and the Seller have mutually agreed to cancel the transaction before the item is dispatched;
15.1.2 You and the Seller have mutually agreed to cancel the transaction following receipt by you of the item and you have returned the item to the Seller;
15.1.3 You have failed to pay;
15.1.4 The Seller has chosen to refuse service to you.
15.2 Refunds must be made within 10 days of:
15.2.1 the date on which you and the Seller agree the cancellation, under sub-Clauses 15.1.1 and 15.1.2; or
15.2.2 the date on which the Seller informs you that they are cancelling the transaction, under sub-Clauses 15.1.4.

16. Your Account Cancellation Rights
16.1 You may close your Account at any time by either contacting us using our contact form or from within your account panel in your membership area.
16.2 Any outstanding sums due and payable to any Seller(s) will remain payable and your Account will not be fully closed until all sums due have been paid and the relevant transaction(s) completed or cancelled.

17. Our Liability to You
17.1 As stated in Clause 5, We are not a party to any transactions, other relationships, or disputes between Bidders and Sellers. Furthermore, as stated in sub-Clause 5.1.3, We do not pre-screen Sellers or any items that Sellers advertise in Listings on Our Site. We will not be responsible for any aspect of an Auction or transaction and make no warranties as to the quality, safety, or legality of any items purchased from Sellers through Auctions on Our Site. Any claims pertaining to a transaction must be made directly against the Seller concerned.
17.2 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms for Bidders or as a result of Our negligence.
17.3 Subject to sub-Clause 17.2, to the fullest extent permissible by law, We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
17.4 Nothing in these Terms for Bidders seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents, or sub-contractors); or for fraud or fraudulent misrepresentation.
17.5 Nothing in these Terms for Bidders seeks to limit or exclude consumers’ legal rights. For more details of consumers’ legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.

18. Communication and Contact Details
18.1 If you wish to contact Us with general questions or complaints, you may contact Us by email by using our contact form.
18.2 For matters relating to Our Site including, but not limited to, these Terms for Bidders, transactions, Sellers, and other Bidders, please contact Us by email by using our contact form.
18.3 For matters relating to cancellations, please contact Us by email using our contact form.

19. How We Use Your Personal Information (Data Protection)
19.1 All personal information that We may collect (including, but not limited to, your name, address and telephone number) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
19.2 We may use your personal information to:
19.2.1 Provide Our services (including, but not limited to, Auctions) to you;
19.2.2 Inform you of new products and/or services available from Us (if you opt or have previously opted to receive it). You may request that We stop sending you this information at any time;
19.3 Subject to sub-Clause 9.3, We will not pass on your personal information to any third parties without first obtaining your express permission.

20. Other Important Terms
20.1 We may transfer (assign) Our obligations and rights under these Terms for Bidders to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing.
Your rights under these Terms for Bidders will not be affected and Our obligations under these Terms for Bidders will be transferred to the third party who will remain bound by them. 20.2 You may not transfer (assign) your obligations and rights under these Terms for Bidders without Our express written permission.
20.3 If any of the provisions of these Terms for Bidders are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms for Bidders. The remainder of these Terms for Bidders shall be valid and enforceable.
20.4 No failure or delay by Us in exercising any of Our rights under these Terms for Bidders means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms for Bidders means that We will waive any subsequent breach of the same or any other provision.
20.5 We may revise these Terms for Bidders from time to time in response to changes in relevant laws and other regulatory requirements.

21. Law and Jurisdiction
21.1 These Terms for Bidders, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
21.2 If you are a consumer, any disputes concerning these Terms for Bidders, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
21.3 If you are a business, any disputes concerning these Terms for Bidders, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.