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1. Introduction
(a) These Terms of Use are applicable to the use of our auction site. By
accessing, using, browsing or bidding on this site you agree that you have
read, understood and agree to be bound by these Terms of Use and you agree to
comply with all applicable laws, rules and regulations. By clicking the Submit
button (when registering) you certify that you accept these Terms of Use. If
you do not accept these Terms of Use or if you have any questions please
contact legal@goanm.co.uk
We may amend these Terms of Use at any time by posting the amended Terms of Use
on this site. These Terms of Use were last revised on 19 September 2001.
(b) Eligibility
We offer our site and services only to parties who can form legally binding
contracts under Scottish law. You must be aged 18 or more to bid. If you do not
qualify, please do not use our services.
(c) Use of Data
We will respect the privacy of the data which you supply to us in the
Registration Form, in accordance with our Privacy Policy. We will comply with
all applicable data protection legislation in respect of your data. You agree
that your data shall not be false, inaccurate or misleading and you agree to
keep your data up to date and to promptly send us any new or revised data. You
further agree that we may (1) use your personal data in the ways advised in our
Privacy Policy; and (2) communicate your data to third parties necessary to
conclude an agreement between buyer and seller.
(d) Changes to Site
We may change the site at any time without notice by adding or removing
auctions and other features and services. We take all reasonable precautions to
ensure that all details on the site are accurate. However, on occasion errors
do occur so the accuracy of details is not warranted.
2. Description
Goods/stock are sold by description.
3. Bidding
(a) Bids can only be posted during the pre-determined duration of an auction.
We reserve the right to close auctions early or to extend auctions at any time
and at our sole discretion. We do not guarantee that all bids received will be
processed.
(b) If you are the highest bidder at the end of the auction (meeting the
applicable minimum bid or reserve requirements) and your bid is accepted you
are obliged to complete the transaction with the seller unless the transaction
is prohibited by law or by these Terms of Use. By bidding for an item you agree
to be bound by these Terms of Use and by our General Conditions of Sale/General
Conditions of Sale (Livestock) and any Special Conditions of Sale that apply to
the category of goods/stock for which you are bidding. Bids are not retractable
except in exceptional circumstances such as where the item's description is
changed after your bid or a clear typographical error has been made. You agree
not to bid in any way that is manipulative of an auction.
(c) The successful bidder will be notified by e-mail at the e-mail address
specified by the bidder upon registration. Upon receipt by us of confirmation
from the successful bidder the contract between buyer and seller becomes
binding on both parties.
(d) Before bidding you must complete a Registration Form. If you are a private
bidder you must supply details of your credit card. Both business and private
bidders must have their registration activated by us before bidding.
4. Price
Each auction is conducted in pounds sterling ().
5. (a) Upon receipt by us of the confirmation specified in Clause 3(c) hereof
an invoice will be issued by us to the purchaser. Payment must be made by the
purchaser to us within five working days of the date of the invoice. Uplift
cannot take place until payment has been received by us and we have notified
receipt of payment to the seller. The seller undertakes not to release the
goods/stock until such notification of payment is made by us to the seller.
Once the cleared funds have been received by us we will notify the purchaser by
Email that uplift can take place. The purchaser will have seven days from the
date of such notification in which to uplift the goods/stock. The seller must
notify us of the date of uplift by Email / Fax within one working day of the
date of uplift.
(b) Any claim that the stock/goods purchased do not conform to description must
be notified to us by e-mail within one working day of the date of uplift.
(c) Payment will be issued by us to the seller within two working days from the
date of uplift providing no claim under 5(b) hereof has been intimated to us.
6. Once payment is received by us from the purchaser the price will be held by
us until payment is made to the seller in terms of Condition 5 hereof. In the
event of any rejection of the stock/goods in terms of said Condition 5 the
price will be held by us pending resolution of the matter.
7. Amendment of General/Special Conditions
The term "date of sale" as specified in Aberdeen & Northern Marts General
Conditions, Aberdeen & Northern Marts General Conditions (Livestock),
Aberdeen & Northern Marts Special Conditions and Thainstone Specialist
Auctions General Conditions of Sale shall, in the context of an online auction,
be construed as a reference to "the date of uplift".
8. Law and Jurisdiction
Each auction shall be deemed performed in Scotland. Scottish law shall govern
each auction including all contractual and other relationships that arise out
of the auction. You and we submit to the exclusive jurisdiction of the Scottish
courts in relation to any dispute arising out of any auction.
Last Revised 19th September 2001
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