Terms and Conditions
It is a condition of using the StockPlus website that you agree to be bound by the Terms and Conditions as set out hereunder. If you do not agree to our Terms and Conditions, then you may not use this website. Where the Terms and conditions refer to other pages in this website, you are equally bound by the Terms and Conditions contained therein.
STOCKPLUS LIMITED TERMS AND CONDITIONS
On-line Auction Terms and Conditions
1. Introduction
1.1 Our website (the “Website”) is designed to allow businesses (“Users”, “you” or “your”) easily to buy and sell excess inventory, products, materials, ingredients, machinery, plant, equipment and other items (“Goods”) through our online auction facility (“Auction”). The Website is owned and operated by StockPlus Limited, a company registered in England UK with registered company number 5999302 and whose registered office is 7 – 11 Station Road, Reading, Berkshire, RG8 7QL (“StockPlus”, “we”, “us” or “our”).
1.2 These Terms and Conditions, together with any other terms, guidelines or policies referenced in them, govern your use of our Auction facility. It is important that you read and understand them before using the Auction. By clicking the “I Accept” button you certify that you accept these Terms and Conditions. If you do not accept these Terms and Conditions you will not be able to access and use the Auction.
1.3 We reserve the right to change these Terms and Conditions at any time. Amendments will take effect when posted on our Website. However, the Terms and Conditions current at the start of a particular transaction will apply until that transaction is completed.
2. Our Role in the Auction
2.1 Our Website is a place for business sellers (“Sellers”) to auction and sell Goods, and for business buyers (“Buyers”) to bid for and buy them. We will not have any contractual involvement in your transactions and at no stage will we become involved in any disputes between Buyers and Sellers.
2.2 You must, therefore, proceed with care and judgment when using the Auction. We will not screen Buyers or Sellers or Goods on your behalf and you accept that this is a feature of the relationship between you and us.
3. Registration
3.1 Before using the StockPlus auction site you are required to set up a “Your StockPlus Account” with us by completing our registration form and submitting it to us. You can find the registration form by following this link: Registration Form.
3.2 Only adults (i.e. those aged 18 and over) who are authorised to commit their organisations to buying and selling Goods, are entitled to use our Auction. By registering, you are making a statement, upon which we are entitled to rely, that you are aged 18 years or older and are expressly authorised by your organisation to form legally binding contracts to buy and sell Goods on your organisation’s behalf.
3.3 On occasions, certain individuals and/or organisations may be refused access to the Auction. Such suspensions shall be within our sole discretion.
3.4 Once you have registered your details and have been accepted by us, we will send you an email confirming your registration, your user name and the password for “Your StockPlus Account.”
4. Information you provide
4.1 In accordance with our Privacy Policy, we will respect the privacy of the data that you supply to us in the Registration Form and will comply with all applicable data protection legislation in respect of your data.
4.2 You agree that your data will not be false, inaccurate or misleading and you agree to keep your data up-to-date and promptly to send us any new or revised data.
4.3 Further, you agree that we may (i) use your personal data in the ways advised in our Privacy Policy; and (ii) communicate your data to third parties so that agreements can be concluded between Buyers and Sellers.
4.4 You are solely responsible in all respects for all use of and for protecting the confidentiality of the password you choose and use in connection with the Auction. You may not share this with or transfer it to any third party. You must immediately notify us of any unauthorised use of your password.
4.5 When you are requested to enter the details of a credit or debit card you must ensure that:
4.5.1 you are fully entitled to use that card at all times in relation to the use of this Website and any Auction and in particular when you enter its details into the StockPlus secure payment service operated by SecPay with Barclay’s Merchant Services in order to pay the Fees; and
4.5.2 you or the organisation you are contracting on behalf of have available sufficient funds to cover all charges incurred by it in the course of your use of our Auction.
5. Description
Goods sold in the Auction are sold by description.
6. Availability of Website
6.1 Whilst we will use all reasonable endeavours to make our Website and the Auction available at all times, we cannot guarantee that they will operate continuously or without interruptions. There may be times when our Website becomes unavailable, whether on a scheduled or unscheduled basis. This could affect bidding or other aspects of an Auction.
6.2 You acknowledge that we are not contractually (or in any other way) bound to make available to you any Auction on this or on any other Website.
7. Listing, Selling and Delivery.
7.1 In relation to all Goods that Seller sells or offers for sale through the Auction, Seller warrants that:
7.1.1 it is the absolute unencumbered legal owner with the right to sell those Goods; and
7.1.2 the Goods, or the way in which they are described or auctioned, are not on our current Prohibited Items/Practices List;
7.1.3 neither the Seller’s sale nor the Buyer’s purchase, or normal use or possession of the Goods, will infringe any third party right or be unlawful in any way; and
7.1.4 the Posting Information (see clause 7.3 below) is virus free.
7.2 Seller shall indemnify StockPlus (including its directors and employees) and the Buyer and keep StockPlus and the Buyer fully and effectively indemnified against all costs claims, demands, expenses and liabilities of whatsoever nature arising out if or in connection with any breach of the warranties set out in clause 7.1 above.
7.3 In order to sell Goods in the Auction or in response to a Buyer’s Wanted Notice, Seller must accurately complete and submit StockPlus’s “Posting an Item For Sale Notice”. Seller shall, in particular, ensure that all of its Goods are listed in the correct category with full, accurate and appropriate descriptions and provide all of the material and information requested on that form (together the “Posting Information”).
The Posting Information includes:
7.3.1 the size, volume, weight and tariff category (if applicable) of the Goods;
7.3.2 up to 4 photographs of the Goods;
7.3.3 the location of the Goods (place and country and any postcode or similar code);
7.3.4 the designated markets Seller wishes or does not wish to sell into (from the choices available on the “Posting an Item For Sale Notice”);
7.3.5 the “Starting/Reserve” price for the Goods to be sold and any “Purchase Now” price;
7.3.6 whether any export tax would be payable if the Goods were to be exported from the country where Seller has them;
7.3.7 the duration of Seller’s offer to sell the Goods;
7.3.8 the payment terms and method acceptable to Seller (from the choices available on the “Posting an Item For Sale Notice”).
7.4 StockPlus will confirm, on-line, the successful submission of Seller’s “Posting an Item for Sale Notice”, as soon as StockPlus has satisfied itself that the Posting Information Seller has submitted is complete. Once StockPlus issues such confirmation, the Goods become listed as a “Lot”. Once the Goods become a Lot, Seller agrees that it is making an irrevocable offer to auction or sell the Goods in the Auction that cannot, in the absence of manifest error, be withdrawn. The Posting Information can only be amended, even in the case of manifest error in the Posting Information, prior to a bid being placed on the auction “Lot”.
7.5 7.5.1 Any Seller receiving at least one bid at or above any stated applicable
“Starting/Reserve” requirement is, subject to the provisions of clause 7.5.2, obliged to complete the transaction with the highest bidder once the auction of their Lot has been completed and they have been informed by StockPlus of the successful sale of their Lot.
7.5.2 Seller shall have the right not to sell the Lot to the Buyer under the terms of clause 7.5.1 above if Buyer fails to meet the terms of the Lot listing or the Seller is unable to authenticate the identity of the Buyer or the Buyer does not have sufficient financial capacity.
7.6 7.6.1 A Lot will remain listed in the Auction and available for sale
until:
(a) it is sold in the Auction; or
(b) Seller’s specified time limit on their offer to sell expires; or
(c) StockPlus removes it because it has confirmed, pursuant to written notice by fax or email from Seller, that there is manifest error in the Posting Information.
7.6.2 We will remove a Lot from the Auction upon receipt by us of written notice by fax or email from Seller pursuant to clause 7.6.1(c) as long as no bid for that Lot has been placed.
7.7 Seller must not directly or indirectly place bids on Lots that Seller offers for sale in the Auction or manipulate bidding on Seller’s own or on any other Lots in any other way.
7.8 Seller agrees to comply with all applicable laws, statutes and regulations in its use of the Auction.
7.9 Seller agrees that it shall deliver the Goods set out in its Lot, to the successful Buyer of that Lot:
7.9.1 if the Buyer is:
(i) in the same country as the Seller;
(ii) in a country which has a trade agreement with Seller’s country so that there are no taxes, duties, clearance charges or formalities involved in transporting the Goods into the Buyer’s country over and above those that would be levied or take place were the Buyer located in the same country as the Seller;
to the Buyer’s designated delivery address not unloaded from any arriving means of transport; or
7.9.2 if the Buyer is not in the same country as the Seller or in a country which has a trade agreement with Seller as set out in clause 7.9.1:
(i) to the Buyer’s designated port of importation; or
(ii) to the Buyer designated point and place at the frontier of the country into which the Goods are to be imported;
in both cases not cleared for import and not unloaded from any arriving means of transport.
Seller agrees to bear all costs and risks involved in bringing the Goods to the Buyer’s designated delivery location – on the basis that it will be able to re-charge the costs involved to the Buyer.
8. Bidding, Buying and Delivery.
8.1 To use and rely on the Auction service we provide, all participants must understand their obligations to other Users of it. If you are the highest bidder after the auction of a Lot has closed, you must complete the transaction.
8.2 For the avoidance of doubt, if two highest bids for the same amount are entered by two separate parties, then the first registered highest bid shall take precedence.
8.3 Sellers are entitled to set “Starting/Reserve” requirements and are entitled to change these during the auction period but only before any bids have been made for the Lots involved. You may not retract a bid except in exceptional circumstances, for example where the Seller has materially changed the Posting Information.
8.4 Your placing of a bid entitles us and any Seller to rely on your bid and as a result you warrant and undertake that:
8.4.1 you have the legal right to make such a bid and to enter into any such transaction; and
8.4.2 you can pay for the Lot and all costs incurred by Seller in delivering the Goods the subject of that Lot to your designated delivery location (see clause 8.8 below); and
8.4.3 you satisfy the provisions of clause 3.2.
8.5 Lots are indivisible and you may not bit for part of a Lot.
8.6 If you bid for a Lot in our Auction, you acknowledge and agree that, if you have placed the highest bid at or above any “Starting/Reserve” price, you have entered into a contract with the Seller to buy the Goods set out in that Lot. You can only terminate that contract in limited circumstances set out in law, for example where the Goods do not materially comply with the information provided in relation to them (i.e. the Posting Information) or where you cannot identify the Seller;
8.7 You agree to comply with all applicable laws, statutes and regulations concerning your use of the Auction.
8.8 8.8.1 You, as a Buyer, acknowledge that you are aware that, in addition to
paying for the Goods the subject of the Lot, you are additionally liable to pay Seller for any VAT or any other sales or export taxes that may apply and the costs incurred by the Seller in delivering them to your designated delivery location and for insuring them during such delivery. You must not bid for a Lot before you have assessed and are prepared to pay Seller for these costs. Ref: “VAT, Taxes & Duties”
8.8.2 StockPlus has provided on its Website, links to a freight broker and insurance broker which Buyer can use to assist it in assessing the freight and insurance costs Seller will incur in delivering the Goods to Buyer’s designated delivery location. Buyer may request estimates of such costs information via these links. As soon as possible after receiving Buyer’s request, a freight forwarder and insurance broker will e-mail Buyer directly with the estimated costs of delivering and insuring the Goods from where Seller has them to the Buyer’s designated delivery location;
8.8.3 For the avoidance of doubt, StockPlus’s provision of the links mentioned in clause 8.8.2 above, is meant merely as an assistance and a convenience for the Buyer and the Buyer agrees that it will not hold StockPlus liable for the accuracy of any information provided to it by the freight forwarder and/or insurance broker or for any conformity of the information it receives from either or both of them with the costs Buyer will eventually have to pay Seller for delivery of the Goods. Buyer understands that it shall make its own judgement in relation to the accuracy of the costs information provided by the freight forwarder and/or insurance broker, bearing in mind that there may be price differences between various freight forwarding and insurance companies based on the size of their operations, their respective competencies and their location. The level of freight and insurance costs or the difference in price between the delivery costs charged by the Seller and any estimate provided to Buyer via the StockPlus links cannot be used by Buyer as a reason for failing to honour a contract entered into with a Seller.
8.8.4 The sale transaction may involve exporting the Goods from one country and importing them into another. In such a case there may also be customs duties and other exportation and importation costs to pay. Buyer is responsible for and shall bear the risks of importing the Goods into the country of destination, which shall include the carrying out of customs formalities, and the payment of formalities, customs duties, taxes and other relevant charges. The cost and risk of importing Goods cannot be used by Buyer as a reason for failing to honour a contract entered into with a Seller.
9. Payment
9.1 Seller agrees to pay StockPlus the charges specified in the StockPlus Fee Schedule (“Fees”).
9.2 For the avoidance of doubt, the Fees referred to in clause 9.1 above may include, without limitation, a fee for posting an item for sale and a commission charge on the sale of each Lot when completed (“Sales Commission”).
9.3 StockPlus shall be entitled to alter or amend, at any time, the amount of or basis of calculation of the Fees stated in the StockPlus Fee Schedule, provided that it shall not be entitled to alter them in respect of any particular Goods after those Goods have been listed as a Lot.
9.4 Each particular Fee shall fall due as specified in the StockPlus Fee Schedule and shall include:
9.4.1 a fee for posting an item for sale, if applicable, at the time of submission of Seller’s “For Sale Posting Notice”; and
9.4.2 the Sales Commission, when the successful bid has been submitted.
9.5 You shall pay the Fees to StockPlus using StockPlus’s Website-based secure payment facility, operated by SecPay and Barclays Merchant Services.
9.6 9.6.1 Within 2 days (excluding bank and public holidays in the United
Kingdom) of StockPlus having received the Sales Commission from Seller, it shall email Seller with the Buyer’s contact details and the contractual details of the sale. Quotations for the costs of delivering and insuring the Goods from where Seller has them to the Buyer’s designated delivery location will be sent directly to Seller by a freight forwarder and an insurance broker. The contact details of the freight forwarder and the insurance broker providing the quotations will be included in those quotations. Should Seller wish to use the services of either or both of those companies, Seller should contact them directly and agree terms. Seller shall include on its invoice to the Buyer, in addition to the price for the Lot, the costs of delivering and insuring the Goods, to the Buyer’s designated delivery location;
9.6.2 Seller shall deal with the freight forwarder and insurance broker directly and StockPlus will not be involved. For the avoidance of doubt, StockPlus’s provision of the quotes of particular freight forwarding and insurance companies is meant merely as an assistance and a convenience for the Seller and the Seller agrees that it shall make its own assessment of the suitability of these companies to carry out its required obligations, understands that StockPlus does not “recommend” these companies and that it shall not hold StockPlus liable in any way for their performance.
9.7 All Buyers must pay Sellers for Goods using the payment terms and method specified by the Seller in relation to the Lot. Payments shall be made in the currency specified by the Seller in relation to that Lot.
9.8 In addition to the price of the Lot, Buyer shall pay Seller for all of the costs of the Seller in transporting the Goods from the location where the Seller has them, to Buyer’s designated delivery location, any VAT, sales tax, export tax or export duty (as appropriate) and the cost of insuring them up until the time risk passes to Buyer, such extra costs to be delineated by Seller to Buyer on Seller’s invoice.
9.9 Some transactions may involve Sellers in shipping Goods to Buyers located outside the United Kingdom or outside the territory in which the Seller resides. Buyers and Sellers must observe and comply with all applicable regulations and legislation, including obtaining all necessary cultural and customs permits. Further, certain national laws may prohibit the importation and exportation of some Goods.
9.10 We make no representation and accept no liability whatsoever to any Buyer or Seller in respect of the issuance or validity of any exportation or importation permits or the existence and exercise of exportation or importation regulations or any compulsory purchasing regimes.
10. Returns
10.1 At no stage during any transaction do or will we become contractually involved. Should any of the Goods displayed in a Lot and subsequently sold via our Auction prove unsatisfactory, we cannot be held responsible in any way, as we did not participate in the transaction. We merely provide an Auction facility for such transactions.
10.2 Any Goods which Buyer finds have been both materially and incorrectly described in a Lot may be returned to the Seller and Seller agrees to accept such returns and refund to the Buyer all monies paid to it in respect of such Goods.
10.3 There is no other right to return Goods.
10.4 We will not, under any circumstances, accept the return of any Goods in a Lot directly to us. Any Goods returned must be returned directly to the Seller.
11. Privacy
We are serious about privacy issues. Our current Privacy Policy covers our use of any information you provide. In using our Auction you acknowledge and agree to be bound by the terms of our Privacy Policy.
12. Termination and Withdrawal
12.1 We have, in our sole discretion, the right to issue a warning, temporarily suspend or indefinitely suspend and terminate your right to use our Auction service if you:
12.1.1 breach these Terms and Conditions or any terms, guidelines or policies referenced in them;
12.1.2 at any time violate or attempt to violate the rights of any other User of the Auction or any third party;
12.1.3 engage in any fraudulent activity; or
12.1.4 fail to make any payments due to us in accordance with these Terms and Conditions and the terms of the Fee Schedule;
12.2 You acknowledge that we are entitled to withdraw any Lot which appears, based on information received by us, to be in breach of these Terms and Conditions or any terms, guidelines or policies referenced in them and in such event we will inform the Seller only that the Lot has been withdrawn.
13. Compliance with Laws
You agree to comply with all applicable laws, statutes and regulations concerning your use of our Website and Auction facility.
14. Disclaimers and Limitations of Liability
14.1 StockPlus acts as an introductory service providing an Auction facility that allows Sellers and Buyers to come together, Sellers to list and auction Goods and Buyers to bid for and buy them.
14.2 We have, therefore, no control whatsoever over the quality, legality or safety of any advertised Goods or of any other characteristics upon which a Buyer may rely, the accuracy of any of the Lots and the capacity of any Seller or any Buyer to transact.
14.3 All Users of our Auction must give consideration to the nature of Internet transactions and the risks involved. You may never meet or speak to the other party to the transaction and, as a result, you must proceed with care and judgement when using our Auction facility as you would with any other commercial enterprise under similar circumstances.
14.4 In recognition of the above, you agree to waive any claim you may have against us that is in any way connected with a dispute you have with another User of our Auction and/or the Website and you agree to indemnify us for any losses or liability we suffer as a result of any claim against us by another User or any other third party as a result of your use or in relation to your dealings with any other User or third party. This waiver and indemnity shall not apply in the event of any fraud or wilful misconduct by us.
14.5 Your acceptance of these Terms and Conditions also acts as a general release of StockPlus (and its officers, directors, agents and employees) from any liability for any claims, loss, and damages (both direct and indirect, including loss of profits, goodwill and business opportunities) arising out of or in any way connected to your use of the Auction and/or our Website.
14.6 In addition, we make no representations or warranties about the accuracy, completeness or suitability for any purpose of the information and related graphics published on our Website. From time to time our Website may contain technical inaccuracies or typographical errors. All liability of StockPlus howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
14.7 This Website and our Auction facility is intended for business Users and not consumers. Nevertheless, nothing in these Terms and Conditions or in any terms, guidelines or policies referenced in them, is intended to limit any rights any consumer might have under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability for any death or personal injury resulting from our negligence.
15. Trade Marks and Copyright
15.1 The names and logos of StockPlus and all related product and service names, design marks and slogans are the trade names, service marks or trade marks of StockPlus and may not be used without the prior consent of StockPlus.
15.2 All other trade marks, product names and company names or logos cited herein are the property of their respective owners. No permission is given by StockPlus in respect of the use of any such brand names, product names or titles or copyrights and such use may constitute an infringement of the holder’s rights.
15.3 All material on this Website is protected by applicable copyright and other laws and international treaties.
16. Links
The Website contains links to websites operated by parties other than StockPlus. Such links are provided for your convenience. We do not control such websites, and are not responsible for their content. Our inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. You agree that you are solely responsible for evaluating the accuracy and completeness of any information contained on such third party websites, and also the value and integrity of any goods and/or services offered via them.
17. Waiver
A waiver by StockPlus of a breach of a provision of these Terms and Conditions or any terms, guidelines or policies referenced in them, shall not be considered as a waiver of a subsequent breach of the same or another provision.
18. Force Majeure
StockPlus will not be in breach of its agreement with Users or be otherwise liable for any delay in performance if to the extent that any delay or failure is due to the circumstances beyond its reasonable control and including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
19. Severance
If any part of these Terms and Conditions is held to be unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these Terms and Conditions will not be affected
20. Notices
Except as otherwise stated, any notices you wish to send to us should be emailed to info@stockplusauction.com. Any notices that we wish to send to you shall be emailed to the email address you enter on the Registration Form. Any general notices that we may wish to draw to your attention will be displayed on our Website.
21. Entire agreement
These Terms and Conditions, and any other documents expressly referred to within its provisions, contain the entire agreement between us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters or any statements made to you by any person, including (without limitation) any of our employees or agents. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
22. Jurisdiction
Each and every transaction carried out in relation to our Auction facility is deemed to have been completed within the United Kingdom and shall be governed by and interpreted in accordance with English law. These Terms and Conditions and any terms, guidelines or policies referenced in them, and any dispute, controversy, proceedings or claim of whatever nature in relation to them shall be governed by and construed in accordance with English law and the English courts shall have exclusive jurisdiction in relation thereto.
STOCKPLUS LIMITED PROHIBITED ITEMS/PRACTICES LIST
The purpose of our Website is to offer a facility for businesses to buy and sell excess inventory, products, materials, ingredients, machinery, plant and equipment and other items through our online auction facility. For that reason only Goods which are relevant to business operations will be accepted for listing as Lots.
You should not attempt to list any of the following which are specifically prohibited:
• Forgeries, fakes or counterfeits (unless offered as such and correctly described) and as long as they do not infringe any other of the prohibitions set out below;
• Goods to which a false or illegal description is applied;
• Stolen or illegally imported Goods;
• Goods which are or contain obscene or pornographic material;
• Any Goods that are illegal to sell under any applicable law, statute, ordinance or regulation;
• Any Goods which in any way infringe the patent, trade mark, copyright or other intellectual property rights of a third party or where the offering of such Goods is prohibited by law.;
• Email or mailing lists;
• All firearms, military weapons, explosives (except fireworks and pyrotechnics) and ammunition;
• Drugs, drug paraphernalia, narcotics, prescription medication;
• Human body parts, remains, fluids;
• Live or stuffed animals, pets, livestock or animal body parts, skins, pelts;
• Books, manuals, software or literature promoting violence or containing hate literature;
• Books, manuals, software or literature that provides instructions on how to perform or engage in any form of illegal activity;
• Any Goods calculated to deceive potential Buyers;
• Goods which, in our sole discretion, are objectionable or otherwise inconsistent with our Terms and Conditions or any terms, guidelines or policies referenced in them.
Lots of the following nature are specifically prohibited and you should not attempt to list any of them:
• with links to another website where you are offering the same Goods for sale at a value lower than the reserve/starting price or any “Purchase Now” price, stated by you in StockPlus “Posting an Item For Sale Notice” in relation to that Lot;
• which are intended to divert Buyers away from those Lots;
• which sell low-valued Goods and advertise another website;
• which indicate excessive handling or delivery fees to Buyers;
• which require Buyers to purchase additional Goods;
• which, in our sole discretion, are objectionable or otherwise inconsistent with these Terms and Conditions or any terms, guidelines or policies referenced in them;
Any Lots which conflict with any of the items or practices on this List will be removed and your account with us may be terminated. It is the Seller's responsibility to ensure that any Goods that it offers for sale and the information that accompanies those Goods, are not so prohibited.
If you are in any way unsure if the Goods you wish to sell in our Auction or the way in which you wish to offer those Goods for sale is permitted, please contact us on info@stockplusauction.com.
