Terms & Conditions of Sale

Please read these terms and conditions before purchasing any The Open Auctions products on this website. The The Open Auctions Website and Catalogue which is operated under by Pursuit 3 Group Ltd. in the United Kingdom of Castlewood House 77-91 New Oxford Street, London, England WC1A 1DG (further referred to as Pursuit) (the “auction website”).By making a purchase, you agree to be bound by these terms and conditions.

1. YOUR ACCOUNT

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. Please ensure your password is kept confidential and secure, and inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. Please ensure the details you provide are correct and complete, and inform us immediately of any changes to the information provided when you registered. The website and processor only sells products to individuals who purchase using a valid credit card and are at least 18 years of age. Pursuit reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at its discretion. If we cancel an order, it will be without charge to you.

2. PRIVACY

Please review our Privacy Policy, to understand how Pursuit uses the information gathered when you visit our website.

3. OUR CONTRACT

When you place a winning bid or an order to purchase a product from the website and processor (subject to the Terms and Conditions of Use), we will send you an email confirming you are the winning bidder or a receipt containing order details. Your winning bid or order represents an offer to us to purchase a product, which is accepted when we send an email to you confirming you are the winning bidder or that we have accepted the order (the ‘order confirmation email’). Such confirmation or acceptance will be complete when we send the order confirmation email to you. You are seeking to enter into a contract with Pursuit when you place a winning bid or an order. This contract is legally binding when you have placed a winning bid or an order, your winning bid or order has been accepted by us and we have sent you the confirmation email. Pursuit will retain the title in the products until full payment has been made by you and has been received by Pursuit. Pursuit reserves the right to hold any orders prior to shipping for security review. Pursuit only delivers its products to the locations listed on the website. In the event that an order is placed for a delivery to a location where we do not deliver, the order will be cancelled and a refund processed.

4. DELIVERIES

We will endeavour to deliver all products ordered within the time period specified on the website. Please click here to view our Shipping and Deliveries and charges (if applicable). All products purchased from the website are made pursuant to a shipment contract. This means that the risk of loss for such products passes to you on delivery to the carrier. If you have received your order confirmation email but your products have not arrived within the time specified, please contact us and we will do our best to assist. Please allow an additional day before raising a query during exceptionally busy periods (e.g. Christmas) or when the weather is particularly inclement. If your order has not been received within the specified timescales set out below, in the first instance please check whether your local mail delivery office is holding your parcel. If they do not have your products, please contact us and we will do our best to assist.

5. RETURNS

All products at the Pursuit website are offered as made-to-order/customisable items via an open auction or fixed priced format. As such, all sales are deemed to be final and refunds will not be issued with the exception of those instances indicated in our Exchanges and Returns policy. We will pay the return costs and subsequent re-delivery costs (if applicable) if an approved return is a result of our error or the goods are faulty. This returns procedure does not affect your statutory right to cancel or any of your other statutory rights. Conditions for All Returns We request that you take reasonable care of the goods when opening our packages. All goods approved for return, as indicated within our Return Policy, must be returned to us unused, in suitable packaging to ensure the goods will not be damaged in transit, together with all original product packaging (please note you have a duty to take reasonable care of returned goods and any refund may be withheld or a charge incurred if you fail to take such care and damage the goods). Please make sure that your return package is packed and sealed securely. We will arrange for collection and assume freight charges related to all approved returns as per our Exchanges and Return policy. Return Address Our address for an approved return is: The Open Auctions Herald Way Coventry CV3 2NY UK As we ship from multiple locations, a returned address will be provided to you by a customer service agent. Discrepancies If there are any discrepancies with your order, you must notify us as soon as possible. If you have been shipped the incorrect goods then please accept our apologies. Please contact our customer service team and we will arrange a collection of these goods. Any replacements will be sent at no extra cost. Refunds For refunds, please note that the refund will not show in your bank account until at least 3 days after the refund had been made by Pursuit. If it is not there after this time, please check with your bank before contacting Pursuit.

6. FEEDBACK AND COMPLAINTS POLICY

We welcome any comments about our service, so we can improve it. Our aim is to deal with any problems quickly and fairly. If you wish to complain, please e-mail our customer services team stating clearly that you are making a complaint. Our aim is to respond within seven (7) working days, either resolving the complaint, or with a timescale for resolution.

7. PRICING AND AVAILABILITY

All prices are quoted in the currency stated on the auction listing page and are inclusive of taxes unless otherwise specified. All item prices are exclusive of delivery charges. Shipping estimators are available on the website to assist in understanding anticipated rates to all available locations. We list availability information for products sold on the website, including on each product information page. We cannot be more specific about availability than what is stated on the site. Dates are not guaranteed and should not be relied upon. As we process your order, we will inform you by email if any products are subsequently found to be unavailable. Despite our best efforts, a small number of the products on the website’s Buy Now section may be mis-priced. If a product's correct price is lower than our stated price, we will charge the lower amount and send you the product. If a product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping the products or cancel your order and notify you of such cancellation.

8. CUSTOMS

When ordering products from the website for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you as we have no control over them and cannot predict what they may be. Customs policies vary widely by country, so you should contact the local customs office for further information. Additionally, please note that when ordering from the website, you are considered the importer of record and must comply with all laws and regulations of the country in which the products are received. Your privacy is important and we know you care about how order information is used and shared. International customers and customers dispatching products internationally should be aware that cross-border deliveries can be opened and inspected by customs authorities.

9.DISCLAIMER AND LIMITATION OF LIABILITY

Please see our Indemnification clause on our site Terms and Conditions of Use page. 10. ELECTRONIC COMMUNICATIONS When you visit the website or send emails to us, you are communicating with us electronically. We will communicate with you by email or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

11. DISPUTES

Any dispute relating to your visit to the website or to products you purchase through the website may be submitted to the courts of England in the United Kingdom, except that, to the extent you have in any manner violated or threatened to violate Pursuit, intellectual property rights, Pursuit may seek injunctive or other appropriate relief in any court in any country in the world, and you consent to exclusive jurisdiction of such courts.

12. ALTERATION OF SERVICE OR AMENDMENTS TO THE CONDITIONS

We reserve the right to make changes to our website, policies, and terms and conditions of sale at any time. Your use of the website and your orders will be subject to the policies and terms and conditions of sale in force at the time that you use the website or that you order products, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of the provisions of these terms and conditions of sale are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of the remaining conditions.

13. EVENTS BEYOND OUR REASONABLE CONTROL

Pursuit will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause that is beyond our reasonable control. This condition does not affect your statutory rights.

14. WAIVER

If you breach these terms and conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

15. GOVERNING LAW AND JURISDICTION

Your use of the website, any purchase by you on the website of any products and these conditions will be governed by and construed in accordance with the laws of the United Kingdom (for GBP purchase). You agree, independently of your citizenship, as we do, to submit to the non-exclusive jurisdiction of the courts. Your statutory rights are not affected by these terms and conditions of sale. Customer Service: customerservice@theopenauctions.com

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