Terms & Conditions of Use
The following Terms and Conditions apply to your use of The Open Auctions Website. Operated by Pursuit 3 Group Ltd. in the United Kingdom (further referred to as Pursuit 3) (“Auction Website”) and your purchase of The Open Auctions Official Memorabilia products. Please read them carefully prior to using the Site as the use of the services signifies acceptance of these terms and conditions.
Use of this Site constitutes an Agreement between you (when we refer to “you” we mean any visitor using this Site and anyone agreeing to be bound by these Terms and Conditions) and Pursuit 3 (“we” “us” and “our” etc.). This Agreement, which consists of the Terms and Conditions set forth herein, shall be construed in accordance with UK Laws, without regard to any conflict of law provisions. Pursuit reserves the right to modify the Terms and Conditions that apply to your use of this Site and the Online Catalogue at any time. By using this Site and the Online Catalogue following any such change, you agree to adhere to and be bound by the terms as modified. This Agreement is effective unless and until terminated by either you or Pursuit 3. You may terminate this Agreement at any time by notifying Pursuit by email or mail. Pursuit may also terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site if, in Pursuit’s sole discretion, you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Pursuit 3, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.
You agree that you may only purchase from this site if you are at least 18 years of age, as whilst we may have children's products available on the site they are only for purchase by, or with the involvement of, an adult.
USE OF WEBSITE
The Auction Website provides you with a limited, non-exclusive and non-transferable license to use the Online Auction and/or Online Catalogue and all of the products and services therein, solely for personal, non-commercial (other than for the purchase of merchandise from our Online Auction and/or Online Catalogue) use. No commercial use of any kind is permitted including, but not limited to collection of any content, downloading or copying any information, data mining or data extraction. No right, title or interest in any materials or software is transferred to you as a result of your use of the Site, the Online Auction, or the Online Catalogue.
INTELLECTUAL PROPERTY AND TRADEMARK INFORMATION
All content (apart from third party provided content and trademarks which are owned by their respective owners) is owned by Pursuit 3, including but not limited to layouts, certain logos, price-lists, buttons, and is protected by copyright. It may not be reproduced in any format without the express written approval of Pursuit.
Pursuit 3 collects customer information online for marketing and promotional purposes as a way of enhancing your shopping experience. This data includes customer information gathered through processing sales transactions and in response to customer surveys, subscription to newsletters and social media etc. Pursuit 3 respects your privacy and has instituted policies intended to ensure that your personal information is handled in a safe and responsible manner.
All information we receive via email or obtained in connection with your use of this Site shall be held by Pursuit 3. Submission of this information shall constitute an assignment to Pursuit 3 of all worldwide rights, in all copyrights and other intellectual properties associated with the information. Pursuit 3 will not be limited in any way in its use, commercial or otherwise, of any such information submitted and will be under no obligation (other than to the extent required under applicable laws) (1) to maintain the information in confidence; (2) to pay to user any compensation for any information; or (3) to respond to any user. You agree that information you submit to the Site will not contain any libellous or otherwise unlawful, abusive or obscene material. Please remember that you are solely responsible for the content of any information you provide to Pursuit 3. You also agree that Pursuit 3 may use and or disclose information about your demographics and use of the Auction Website in any manner that does not reveal your identity. By participating in any sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that Pursuit 3 may use information about you for marketing and promotional purposes.
In respect to your account, you are solely responsible for the accuracy of the information provided on the site and the maintenance of confidentiality in relation to the password and login information of your account. If you believe the security of your password has been compromised or it has been used in an unauthorised manner, you must inform us immediately
OFFICIAL AUCTION RULES
The following is generally the way an auction at the Auction Website works, although additional information might appear on website screens. We reserve the right to change the auction rules from time to time, including per auction listing, at our sole discretion.
- You must be at least 18 years of age and have set up an account with a valid credit card (“User or Bidder”) in order to be eligible to place bids.
- Bidding on an item is an offer to buy the item at the price in the bid, provided the Bidder's offer is the WINNING BID at the close of the auction. Each item is its own separate auction.
- All WINNING BIDS are sales and deemed to be a legally binding contract of sale, compliant with UK Trading Standards. All auction sales are final and not subject to cancellation or revocation once submitted.
- All bids are made in automatic increments that we will set for each item (e.g., an increment might be 5, 10, 50 or another amount in (£). You may set a “proxy” bid which is the highest amount you are willing to bid: you may increase that amount but may not decrease it. You agree that (a) Pursuit 3 may cause a bid (in the amount of the increment bid) to automatically be made for you each time someone bids higher than your existing bid until your max bid amount is reached, and that (b) you will be bound by each bid so made. For example, if the increment is 5 (£) and the highest price you are willing to pay is 100 (£), you may set your max bid at 100 (£). If your first bid is 50 (£) and someone else bids 60 (£), your bid will automatically be increased (by max) to 65 (£); if no one else bids, 65 (£) will be the WINNING BID (yours). If someone else bids 105 (£), you will no longer be part of the bidding because you set your limit at 100 (£).
- All bids must be a minimum of 1 (£) or in another amount posted for each item. Auctions may or may not be subject to a “reserve” (a minimum amount that the seller wants to be bid as a condition to being willing to sell the item). However, we reserve the right to establish a reserve amount (and if we do, it will be posted in the item listing).
- If a problem occurs with a WINNING BID in an open auction, we might offer you an opportunity to reinstate your currently unsuccessful bid to a currently winning status at your last bid price (i.e., you might become the WINNING BIDDER even though you thought you lost). We will contact you at our option. At your option, you may decline or accept the opportunity to become the WINNING BIDDER.
- An auction closes at its specified ending time, or five minutes after the last bid is placed, whichever is later. E.g. If an auction is set to end at 4:00pm and a bid is placed at 3:59pm, the auction is extended for 5 more minutes and will be set to close at 4:04pm. If another bid is placed between 3:59pm and 4:04pm, the auction will be extended for another 5 minutes after the last bid. This process will continue until five minutes have passed without placement of another bid. Among other goals, this kind of rule is intended to help prevent buyers from being locked out of an auction due to a slow Internet connection.
- Auction closing times are approximate, and Pursuit 3 reserves the right to close an auction earlier or later than the scheduled time. Time clocks used by Pursuit 3 or its service providers will control in the event of any conflicts regarding closing or other times.
- The highest amount bid at each auction's close will be the WINNING BID for that auction. No bid may be viewed as the WINNING BID until we have confirmed it such as by sending you an email.
- We reserve the right to cancel or remove auction listings and/or User Accounts at our sole discretion, at any time for any reason and without prior notice.
- We reserve the right to re-offer a previously offered or sold item for any reason at our sole discretion, at any time.
- Bid manipulation or “shill” bidding of any kind is expressly forbidden, as is bidding for the sole purpose of increasing the purchase price (subject to all applicable law). The credit card (or any other payment method that we allow from time to time) of the person with the WINNING BID may be billed at the auction’s close.
- Bidders are prohibited from communicating with each other for the purpose of manipulating the final purchase price of an item and from "spamming" (sending unsolicited commercial email to Users).
- If a credit card or other payment method is declined for any reason, we (or a service provider) will attempt to contact the WINNING BIDDER, usually by phone or e-mail. If we cannot verify your payment method or if we do not receive payment within 24 hours of the auction’s close, we reserve the right to; a) offer the item in question to the next highest Bidder with a compliant payment method or; b) re-offer/sell the item via auction or other method or; c) choose to retain the item for any other purpose at our sole discretion.
- You are not entitled to any refunds or exchanges, so please do not bid (directly or automatically via a max bid) unless you are willing to buy the item for the bid amount (plus applicable taxes and delivery charges etc.).
- Taxes will be added to all WINNING BID amounts.
- You agree not to take any action that would violate any applicable international laws.
- You agree to provide only true and accurate information about yourselves to Pursuit 3 and in all Pursuit 3 forms.
- It is a violation of law to make bids in a false name or with an invalid credit card or other payment method, even if Pursuit 3 software initially accepts such a bid. Please be aware that even if you do not give us your real name, your web browser may transmit a unique Internet address to us, which can be used by law enforcement officials to identify you.
- Technical difficulties (e.g., bids might not be processed or accepted) or other difficulties (such as fraud or the like) might occur. No warranties or guarantees are made by us or anyone else regarding the absence of such difficulties. You agree that Pursuit 3 or their service providers or any affiliate companies will be liable for such difficulties and that Pursuit 3 may decide how to deal with the resulting situation in its sole discretion (e.g., by rescinding all or part of the auction or doing something else that appears appropriate to Pursuit in the circumstances).
- Fraudulent Bidders may be prosecuted to the fullest extent of the law and involvement by domestic or foreign regulators or law enforcement can occur.
- We may suspend or cancel access to auctions if it appears to us in our good faith and sole discretion that there appears to be a violation of these Site Terms and Conditions, including (without limitation) these auction rules.
- To report a violation of Pursuit Terms and Conditions, please contact us by emailing firstname.lastname@example.org
PAYMENT & YOUR REQUEST AND CONSENT TO OUR RETENTION OF YOUR PAYMENT INFORMATION
Before making a bid you must supply us information about the credit card (or other payment method we might allow from time to time) to which any WINNING BID will be charged. If you register your payment method, such registration will be your consent to the Retained Payment Method Consent that appears below. Do not register to bid if you do not want to provide that consent.
Only valid credit or debit cards are an acceptable payment method and any (if any) refunds will be credited to the same card in our discretion. By designating or registering a payment method, you represent, warrant and agree that you:
- have provided accurate information about a payment method that is valid and has a balance sufficient to cover a winning bid;
- authorise us to verify your information and payment method (which we may do, among other ways, by making a small charge (e.g., £ 1.00) to your card temporarily -- but once validity is indicated the charge will be eliminated from your actual card statement);
- are authorised to use the designated method;
- authorise us to charge your order (including all amounts dues such as taxes, shipping and other amount due hereunder) to your payment method; and
- will keep your payment method and information valid and accurate. If your payment method cannot be verified, is invalid, or is not otherwise acceptable, your purchase (including WINNING BIDS) may be suspended or cancelled in our sole discretion. You agree that we may submit charges for processing even if your payment method has expired by the time we submit it. You must resolve any problem we encounter in order to proceed with your purchase. Your contract for your payment method (e.g., your credit card agreement with your credit card issuer) governs your payment method so you should refer to that agreement (not this one) with respect to your rights and liabilities as a payment method holder (such as a cardholder). You agree to make and keep a copy of records relating to your order such as your order confirmation page.
RETAINED PAYMENT METHOD CONSENT
You may not bid on or purchase an item without first providing a payment method. If we allow you to register your payment method, that means you want us to keep your payment information on file for use in subsequent auctions. By registering, you request us to do that. You also agree that we may charge to your payment method each subsequent purchase made on the Site using your credentials (e.g., password) until you remove your payment information. You may remove it by following the removal instructions provided once we allow registration or by contacting us at email@example.com. If you remove it before your purchase is complete, however, you will need to timely supply a substitute payment method in order to complete that purchase.
In case we need a signed consent from you, you agree: (a) to adopt your password as a symbol of your signature, and (b) that entering your password in a session using the retained information will be your signature for purposes of signing this Registered Payment Method Consent and/or ratifying any earlier signatures. The Website Terms and Conditions require you to guard your password and not share it with others; if you register a payment method, this is particularly important.
The BUY NOW section of the Site offers items for purchase at fixed prices. Product listings within the Buy Now catalogue may appear to be similar to those offered in the Official Auction but will typically contain a differentiating characteristic, such as a unique limited edition number in the series for a limited edition item. BUY NOW items are made-to-order and your purchase(s) will be final and non-refundable. All prices in BUY NOW include Taxes but Shipping and Handling are extra where applicable (as confirmed at checkout).
Nature of the Site. Items available on the Auction Website are not provided or intended for ordinary use and some may not be new. For example, an autographed golf ball may be used or new, but in either case it is not provided as a ball that should be used for everyday use; it is assumed that the person acquiring the rugby ball will not use it but will instead treat it much like a treasured picture or other keepsake. For those items that are used -- they are not new because someone or a team of interest to you or others has already used them and may even have damaged them.
Order Fulfillment Issues. In the unlikely event we are unable to complete fulfillment of an order from the Site, either in whole or in part, due to unforeseen circumstances beyond our control or for any other reason, you agree that no compensation or replacement(s) will be issued. You will be entitled to a 100% refund related to the unfulfilled item(s) in question where payment has been previously made.
No Return/Refund Policy. Except to any extent otherwise required by law or for reasons stated within the Exchanges and Return policy, all sales are final and do not come with a right to a refund or exchange.
Colours. Every effort has been made to portray the colours of our products that appear on the Site and in the Online Catalogue as accurately as possible. However, because the actual colours you see depend on the monitor you are using, Pursuit 3 cannot guarantee that your monitor’s display of any colour will be completely accurate.
Our Right to Correct Errors. From time to time there might be information on the Site that contains an inaccuracy such as a typographical error, mistake or omission (collectively, “Inaccuracy”), including any relating to item descriptions, pricing, availability or other information. We reserve the right to correct any Inaccuracy even if an auction has already occurred or any fixed price item has been sold. We apologize for any inconvenience this may cause you. Even when there is no Inaccuracy, the item descriptions are intended to provide information only -- they are not intended to be express warranties and you agree not to rely upon them as such.
Pricing. All prices for the Auction Website are shown in the currency as shown on the listing page and are valid and effective only for items auctioned/offered and shipped from North America or the United Kingdom; taxes and any (if any) shipping and handling charges are always additional unless otherwise indicated. All items are subject to availability, quantity limits and your compliance with the The Open Auction Terms and Conditions. Subject to applicable law, we reserve the right to reject all or part of a WINNING BID without notice if we believe there has been a violation.
Place of Acceptance. If your bid or fixed price offer is accepted, acceptance is subject to (a) verification that your designated payment method is valid and has a sufficient credit or other balance to cover your full bid or offer and all other amounts due under the Pursuit 3 Terms and Conditions, and (b) your full compliance with the Pursuit 3 Terms and Conditions and with any additional conditions in disclosures made on Pursuit 3 or in the listing for the item (including any links from the foregoing). Acceptance will be deemed accepted by us at our office. If we do not receive payment within 24 hours we may suspend or cancel your interest in the item you offered to purchase without further notice, and you agree that we may do whatever we want with the item (e.g., sell it to someone else, keep it or anything else) without any accounting or liability to you.
Shipping and Handling. Before placing a bid in the auction or purchasing a fixed price item at the Site, please refer to our Shipping and Deliveries for important details related to delivery and fulfillment of all purchases and orders.
By using the Auction Website and Online Catalogue you agree to defend, indemnify and hold Pursuit 3 and/or any of its affiliate companies harmless from any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site, your account information and the Online Catalogue and you hereby waive (to
Pursuit 3 reserves the right, in its sole discretion and without any obligation, to modify or correct any error or omissions in any portion of this website and Online Catalogue.
This Auction Website and all of the materials on or referenced by the site are provided on an "as is" basis, without warranties of any type and Pursuit 3 expressly disclaims any and all warranties, express or implied, including without limitation warranties of merchantability and fitness for a particular purpose, with respect to any materials and products. In no event shall Pursuit 3 be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the use of this site or products purchased through the Online Auction and/or Online Catalogue. By your use of this Auction Website, you agree that you are using this site solely at your own risk.
CONTACTING PURSUIT 3 BY EMAIL
We welcome your communications to us by email. We read every message that comes to us. We also try to respond to all messages we receive. By contacting us electronically, you consent to us contacting you electronically in any form (i.e. by email) and you agree that any electronic communication by us satisfies any legal requirement for communication to be in writing.
We will save certain messages and only keep email addresses on file for promotional and marketing purposes.
TERMINATION OF ACCOUNTS
We may edit, remove or terminate your account at any time and refuse to supply you if you are in breach of any term or condition of this agreement or any applicable laws.
The Auction sitte is independently operated by Pursuit 3 Group Ltd. of Castlewood House 77-91 New Oxford Street, London, England WC1A 1DG Customer service: firstname.lastname@example.org
For the avoidance of any doubt, The Open Auctions or any of its affiliates bears no responsibility or liability whatsoever. Your statutory rights are not affected by these terms and conditions of use.