SpecialistAuctions (SA) Terms and Conditions
SA is designed to create an open and enjoyable experience, we like to think of it as a “family show” but it also has limits and risks that you should understand before participating. SA is about fairness with fair rules, we are happy for you to list items that are legally saleable in your country of occupation and that the country of destination permits. You the buyer and you the seller are totally responsible for this activity. See below for more details
Please help us to keep SA an enjoyable and positive experience. If you see a listing that violates the rules below, please let us know by contacting us through the SA contact un under the Help icon.
SA's Right To Terminate.
You agree that SA, in its sole discretion, may terminate any listing or use of the service immediately and without notice if (a) SA believes that you have acted inconsistently with the spirit or the letter of this Terms of Service or (b) if SA believes you have violated or tried to violate the rights of other users.
You are solely responsible for the contents of your transmissions through the service. You must ensure that your participation in the selling or buying of items does not violate any applicable laws or regulations. By this we mean that you must check that you entitled to sell or buy the relevant item and that you are not prohibited from doing so by any law or regulation. In particular, you may not sell or buy property which requires a written contract, which is illegal, which requires a licence to buy or sell (for instance firearms, alcohol or pharmaceutical drugs) or which requires you to obtain an export licence.
You must not transmit through the service any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material. You must also not transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation.
If either you or we terminate your membership, you will continue to owe us any monies which you owed to us before termination.
SA prohibits the use of another internet service to send or post spam to drive visitors to your site hosted on or through the SA system, whether or not the messages were originated by you, under your direction of a related or unrelated third party.
Eligibility for Membership.
Our services are available only to individuals who can form legally binding contracts under applicable law. We require your full address and telephone number contact information on registration. Without limiting the foregoing, our services are not available to minors. If you do not qualify, please do not use our services.
SA is only a Venue.
Our site acts as the venue for sellers to conduct sales and for bidders to buy, offer or bid on sellers' listings. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot and do not control whether or not sellers will complete the sale of items they offer or buyers will complete the purchases of items they have bid on. In addition, note that there are risks of dealing with foreign nationals, underage persons or people acting under false pretense.
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between SA and any User of the service.
You give us a non-exclusive, worldwide, royalty-free, irrevocable, sublicenseable (through multiple tiers) right to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the material or User Data displayed in Your listings or bids. For the purpose of this Agreement, "User Data" shall mean all information (if any) submitted by You, (the "User") to SA with the exception of credit card numbers, bank account numbers etc.
No Resale or Unauthorised commercial use of the service. You agree not to make any unauthorised commercial use of the service without express written consent of SA.
SA makes no warranty that the service will meet your requirements, or that the service will be uninterrupted, timely, secure, or entirely error free. We do not make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information provided by sellers or buyers and obtained through the service. We will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise), even if that loss or damage was foreseeable by, or the possibility of it was brought to the attention of, SA.
We reserve the right to provide counterparties with information pertaining to a complaint or statement, written or oral, made against them by you or a thirdparty acting with or without your consent. Because we do not and cannot be involved in user-to-user dealings, in the event that you have a dispute with one or more users, you release SA (and our agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, know and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
User agrees that SA shall not be responsible or liable to user, or anyone for the statements or conduct of any third party on the service.
No advice or information, whether oral or written, obtained by user from SA or through or from the service shall create any warranty not expressly stated herein.
You Agree that use of the service is at user's sole risk. The service is provided on an "as is" and an "as available" basis.
You must reimburse us for any loss, cost or expense which we suffer if someone else makes a claim against us as consequence of the use of the service by you or by someone else from your computer.
SA shall not be responsible for any items sold via the service, for any damage to items during transit or during the inspection period, nor for misrepresentations and/or breaches of contract by either buyer and/or seller. SA shall not be responsible for the cost of procurement of substitute goods or any losses resulting from any goods purchased or obtained.
SA assumes no liability for the content of the listings. The seller shall reimburse SA for all losses SA may suffer as a result of the listing, unless that loss is due to SA's act or omission.
The right to sell items through our service is subject to the purchasing of a security subscription. This subscription is to be paid on a recurring basis with payment for the coming period to be paid within 24hrs of the end of a previous subscription period. Users can open a support ticket during a subscription period to cancel this billing at any time.
The right to sell items through our service is also subject to the SA Auction Posting Rules. These are available to view via the "Starting Auctions, Selling & SA Stores" section of the SA Helpdesk. If a user is seen to have broken these rules their account will be held and all listings removed from SA without notice. It is at the discretion of SA if the account will be re-opened or not. Multiple offences will result in a permanent ban being placed on the offending account.
We collect and store personal information and, depending on the services you use.
Stored information includes community discussions, chats, dispute resolution, feedback, correspondence through our sites, and correspondence sent to us; other information from your interaction with our sites, services, content and advertising, including computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information;
SA provides personal and business contact information to participating counter parties to enable transaction exchanges to run efficiently. Information provided will include Username ID, contact name, address, email address and other contact address and shipping details, and on request contact telephone numbers.
We may disclose personal information to comply with any legal requirements and in compliance with any relevant laws and to help with any investigations and actions permitted in response to claims that a listing or other content violates the rights of others, or to protect anyone's rights, property, or safety. SA retains personal information to comply with statutory legal requirements and to ensure as much as possible a safe and secure trading environment and employs proactive fraud prevention screening.
All the personal data entered is recorded and stored in a secure database.
By accepting the Terms & Conditions you expressly consent to our collection, storage, use and disclosure of your personal information as described in this Data Retention.
Modification to the service.
We reserve the right to modify or discontinue the service if there is a change in the law or our operational requirements. We will not be liable to you for any loss you may suffer if we have to modify or cease the service for reasons beyond our control if we give you at least 30 days notice. In certain exceptional circumstances beyond our control we may have to change or discontinue the service without giving you this amount of notice. If this is the case we will give you as much notice as we can.
If you do not wish to use the new operating rules or policies you should not continue to use the service after the notice requirement.
These Terms of Service shall be governed by and constructed in accordance with the laws of England and Wales and any disputes will be decided only by the Courts of England and Wales.