TERMS AND CONDITIONS

Auction Rules

1. 1 Our auction service

   Our website facilitates an exciting and convenient way (“the Services”) to buy and sell goods over the Internet and is operated by Isylan.com ("the Site"). We provide an online auction facility vehicle through which traders ("the Seller") can sell and customers can buy goods (“the Goods”). Please read these terms carefully as use of the Services constitutes your acceptance of these terms. We reserve the right to update these terms at any time by displaying amended terms on www.isylan.com. You will be deemed to have agreed to the amended terms when you next use the Services following any amendment. However, the terms current as at the start of a particular transaction will apply until that transaction is completed.

2. 2 Our role

   1. 2.1 Our site is a place for sellers to auction and sell goods and for customers to bid for and buy them. We are not and never intend to be a party to the contract of sale between the buyer and seller. As such, we:
      • (a) make no assurances, guarantees or representations, save as set out in these terms; and
      • (b) shall not be liable for any breach of any term or condition, express or implied, as to the condition, quality or fitness of any product sold on our site.
   2. 2.2 Any disputes between buyers and sellers are just that - we will not become involved. We will not screen the parties or goods on your behalf and this is a feature of the relationship between you and us that you willingly accept.
   3. 2.3 In circumstances where the seller makes representations in respect of goods, or makes provisional contracts in accordance with term 7.7, the seller is doing so on behalf of themselves, or as their client's agent, and without incurring personal liability therefor.

3. 3 Registration

   1. 3.1 You are required to register with us by completing the registration form on www.isylan.com and submitting it to us. Only adults (i.e. those aged 18 and over) are entitled to use the Services. If registering as a Seller you must represent a business. Any other individuals, who are under 18 or who are otherwise unable to form legally binding contracts, or who are not representing a business (Sellers only), are prohibited from using the Services. If you do not qualify, do not use the Services. By registering you are making a statement, upon which we are entitled to rely, that you are:
      • (a) aged 18 years or older;
      • (b) capable of forming a legally binding contract;
      • (c) representing a business (Sellers only); and
      • (d) have authority to contract on behalf of the business which you represent (Sellers only).
   2. 3.2 As part of the registration process, we shall require you to provide us with the details of a valid credit and / or debit card from which you hereby agree we shall be entitled to make available these details to the Seller running the auction in which you have registered to bid. You hereby agree that the Seller may reserve the right to debit any payment due from you in accordance with these terms (“Registered Card”) and, where indicated, in accordance with their own terms and conditions. You shall ensure that the Registered Card details which you provide to us are kept up to date. You agree only to disclose to us your own credit and / or debit card details, or those of your business, and not the credit and / or debit card details of any other person or business whatsoever unless you have express written permission to do so from such person or business.
   3. 3. On occasions certain individuals and members may be refused access to the Services. Such suspensions shall be within our sole discretion.

4. 4 Information you provide

   1. 4.1 You grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free licence to use any information you from time-to-time provide to us and / or other users of our Services, for example, during the registration, listing or bidding process.
   2. 4.2 You agree that such information shall be legal, decent, honest and truthful, shall not infringe any third party's rights, shall not contain any viruses or other malicious computer programming routines and shall not link to any other websites. Without limitation to the foregoing, you agree that all information you provide shall be accurate and complete and all registration details shall contain your correct name, address, credit and / or debit card number and other requested details.

5. 5 Security

   1. 5.1 You are solely responsible in all respects for all use and protection of the confidentiality of any email verification number and password which may be given to or selected by you for use on our site. You may not share these with or transfer them to any third parties. You must immediately notify us of any unauthorised use of them or any other breach of security regarding the Services.
   2. 5.2 We use third party services to secure and protect your credit and / or debit card information and assist your shopping experience. However, any losses incurred or sustained by you in transmitting information shall be borne solely and exclusively by you and in no event shall any such losses, in whole or in part, be borne by us. If you are using a public computer, we recommend that you sign out when you have finished shopping.

6. 6 Availability of site

   While we will use all reasonable endeavours to make our Services and website available, we cannot guarantee that they will operate continuously or without interruptions. This could affect bidding or other aspects of an auction or sale.

7. 7 General rules governing bidding and buying

   1. 7.1 To use and rely on our Services, all participants must understand their obligations to other users of our Services. If you are the highest bidder after an auction has closed and your bid is accepted by the Seller, you must complete the transaction.
   2. 7.2 Sellers are entitled to set applicable minimum bid or reserve requirements and are entitled to change these during the auction period. You may not retract a bid except in exceptional circumstances, for example where the Listing Information has been materially changed. In any circumstance, you must resolve any such dispute(s) with the relevant Seller (e.g. auction house) directly, as per term 2.2.
   3. 7.3 Your placing of a bid entitles the Seller and their client(s) to rely on your bid and as a result you warrant and undertake that you have the legal right to make such a bid and to enter into any such transaction.
   4. 7.4 If you bid for an item on our site, you acknowledge and agree that if you have placed the highest bid at or above any reserve price, you have entered into a contract with the Seller to buy the item. You can only terminate that contract in limited circumstances set out in law, for example where the item does not materially comply with the information provided in relation to it. Sellers may refuse to accept your bid, or withdraw the item from auction, at their discretion.
   5. 7.5 The item description, and any accompanying photographs, are the sole responsibility of the Seller, and may be for guidance and illustrative purposes only, subject to their description and the Seller’s terms and conditions, and neither implies that any item is free from defect. Subject to the Seller’s terms and conditions, unless stated to the contrary in the item description, all items are untested by the Seller.
   6. 7.6 Prior to bidding on an item, you should satisfy yourself as to the condition of that item. Please contact the relevant Seller if you wish to make arrangements to inspect an item. The Seller may decree that such an arrangement is made within a certain time frame, for example no less than 48 hours prior to the scheduled expiry of the listed time for the auction of the item in question.
   7. 7.7 Where an item is auctioned subject to a reserve price and the bidding for that item does not reach its reserve price, the Seller may make a provisional contract with the person who made the highest bid or with any other person who makes a similar offer, such contract being conditional upon the Seller agreeing it.
   8. 7.8 All items purchased on our Site may be subject to a purchaser’s premium (“Purchaser’s Premium”), determined solely by the Seller and set out in their terms and conditions; the premium typically being a percentage of the winning bid. The Seller will in its discretion choose whether or not to charge a purchaser’s premium.
   9. 7.9 With regard to returns and refunds, it is the sole discretion of the relevant Seller whether or not to operate a returns policy of any kind. Your acceptance of the Seller’s terms and conditions entitles the Seller to assume you have read and agree to their Returns Policy, such as it may be.
   10. 7.10 Where the Goods are to be shipped outside of the United Kingdom, you should observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase Goods via the Services. The importation or exportation of certain Goods to you may be prohibited by certain national laws. Neither we, nor the Seller, make any representation and accept no liability in respect of the export or import of the Goods you purchase.
   11. 7.11 Please note that copies of the Auctions (Bidding Agreements) Acts 1927 and 1969 are held at our place of business.

8. 8 General rules governing listing and selling

   1. 8.1 In relation to all Goods sold or offered for sale through the Services:
      • (a) the Seller must be, or represent, the absolute unencumbered legal owner with the right to sell those Goods; and
      • (b) the sale or the use of the Goods must not infringe any third party rights or be unlawful in any way and the goods must not be on our current Prohibited Items List.
   2. 8.2 The Seller must list all items in the correct category with accurate and appropriate descriptions and provide such information as We may request (together, “the Listing Information”). Should the information that the Seller supplies in respect of any items be incorrect the Seller acknowledges that the Buyer may, subject to your terms and conditions, have the right to return those items and the Seller agrees that in such circumstances the Seller shall comply with their own terms and conditions in respect of the return and refund of those items where applicable. Once the Seller posts the Listing Information, the item becomes “a Listed Item”. Once an item becomes a Listed Item, the Seller is making an irrevocable offer to auction or sell.
   3. 8.3 We shall publish the description and photographs for your item(s) on the Site (together, “the Listing Information”). You acknowledge and accept that, in doing so we will incur absolutely no personal liability therefor. Once the Listing Information has been posted, the item becomes “a Listed Item”. Once an item becomes a Listed Item, you are making an irrevocable offer to auction or sell.
   4. 8.4 Sellers must not contact any Buyers directly in a sale of Listed Items whether offered by the Seller or another Seller.
   5. 8.5 The Seller (auction house) reserves the right to place bids on behalf of its client(s) or by way of a proxy bid on behalf of a Buyer. In the event of a Seller 'winning' a lot(s) in their own auction, commission is payable to Isylan.com as normal on these lots.
   6. 8.6 The Seller may reserve the right to correct any clerical, administrative or typographical errors in the Listing Information at any time. As per term 2.2, buyers must resolve all queries and disputes regarding Items with the relevant Seller directly.

9. 9 Payment

   1. 9.1 When you as a buyer first place a bid upon a Listed Item, the Seller may, as a means of taking a deposit, and in accordance with their own terms and conditions, either charge or pre-authorise a charge on your Registered Card.
   2. 9.2 The deposit amount described in 9.1 may be a non-refundable deposit payable on all Listed Items which you purchase. The Seller may reserve the right to collect the deposit amount where the Seller or the Seller’s client elects to cancel the sale of the Goods in accordance with term 9.5(b).
   3. 9.3 The Seller will use reasonable endeavours to send you via email an invoice for the Goods you have purchased. This action is subject to the Seller's own terms and conditions, and this action may occur within 24 hours of the close of the auction (please consult the Seller’s own terms and conditions).
   4. 9.4 All buyers must pay the Seller directly, and in full, in accordance with the Seller’s terms and conditions.
   5. 9.5 If you do not make payment in full for a Listed Item, in accordance with term 9.3, within the given time frame (if, and as stated by the Seller in their terms and conditions and/or Auction Notes) of the relevant auction:
      • (a) you may be authorising the Seller, at its discretion and subject to its own terms and conditions, to debit on behalf of the Seller or its client(s), from your Registered Card, all sums due in relation to your purchase of that Listed Item. Where such debit is not authorised by the Registered Card’s issuing bank or organisation, all sums shall remain payable in full to the Seller;
      • (b) the Seller may be entitled in its discretion, and in accordance with its own terms and conditions, to cancel the auction and to debit from your Registered Card a deposit in accordance with term 9.2. Where such debit is not authorised by the Registered Card’s issuing bank or organisation, the full amount of the deposit shall remain payable in full to the Seller;
      • (c) the Seller may be entitled in its sole discretion, and in accordance with its terms and conditions, to debit from your Registered Card any additional costs (e.g. storage fees) for the relevant Listed Item payable in accordance with our Terms and Conditions for Buyers; and
      • (d) the Seller may, at its discretion, refuse your future access to the Services in relation to the Seller's auctions on our Site.
   6. 9.6 The Seller may reserve the right not to allow any items to be collected by, or delivered to, the Buyer unless and until the buyer has made payment to the Seller in full in accordance with term 9.1.

10. 10 Delivery and storage

    The Seller may offer to arrange delivery and / or storage of items on behalf of Buyers, subject to the Seller’s terms and conditions.

11. 11 Risk and title

    1. 11.1 Subject to the Seller’s terms and conditions, risk of damage to, or loss of, purchased items shall normally pass from the Seller to the Buyer upon the conclusion of the auction.
    2. 11.2 Subject to the Seller’s terms and conditions, title to the purchased items shall normally pass from the Seller to the Buyer upon the Buyer making payment in full of cleared funds in accordance with term 9.4.

12. 12 Privacy policy

    We take privacy issues seriously. Our current Privacy Policy covers our use of any information you provide. In using our Services you acknowledge and agree to be bound by the terms of our Privacy Policy.

13. 13 Termination

    1. 13.1 Isylan.com has in its sole discretion the right to issue a warning, temporary suspension, or an indefinite suspension and termination of your rights to use our Services if you:
       • (a) act inconsistently with, and/or in breach of, these terms and conditions;
       • (b) at any time violate or attempt to violate any rights of any other user of the Services or third party;
       • (c) are engaged in any fraudulent activity; or
       • (d) as a Seller, fail to make any payments due to Us in accordance with these terms.

14. 14 Compliance with laws

    You agree to comply with all applicable laws, statutes and regulations concerning your use of the Services.

15. 15 General release

    1. 15.1 As discussed, we act merely as an introductory service providing a forum allowing sellers and buyers to come together, the former to list and sell items and the latter to bid for them and buy them.
    2. 15.2 We therefore have no control whatsoever over the quality, legality or safety of any advertised items or of any other characteristics upon which a buyer may rely, the accuracy of any of the listings and the capacity of any seller or any buyer to transact.
    3. 15.3 Consideration should always be given 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 judgment when using the Services.
    4. 15.4 In recognition of the above, you waive any claim you may have against us that is in any way connected with a dispute you have with another user of our Services and 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 such use or in relation to your dealings with such other user or third party. This waiver and indemnity shall not apply in the event of any fraud or wilful misconduct by us.
    5. 15.5 Your acceptance of these terms and conditions also acts as a general release of Isylan.com and any of its subsidiaries (and all of their 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 opportunity) arising out of or in any way connected to your use of the Services and our website.
    6. 15.6 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 site may contain technical inaccuracies or typographical errors. All liability of Isylan.com howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
    7. 15.7 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

16. 16 Trade marks

    Isylan.com is the proprietor of the Isylan trade mark and get-up. 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 Isylan.com 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.

17. 17 Notices

    Except as otherwise stated, any notices you wish to send to us should be e-mailed to info@isylan.com. Any notices that we may wish to draw to your attention will be displayed on our website.

18. 18 Applicable law

    Each and every transaction carried out on or as a result of the Services is deemed to be completed within the United Kingdom and therefore shall be governed by and interpreted in accordance with the law of England and Wales. These terms (and any dispute, controversy, proceedings or claim of whatever nature in relation to them) shall be governed and interpreted in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction in relation thereto.

19. 19 Events beyond our control

    Isylan.com will not be in breach of this agreement or otherwise liable for any delay in performance if and to the extent that any delay or failure is due to 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.

20. 20 Invalidity

    If any part of the terms of this charter is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

21. 21 Entire agreement

    This agreement, together with any document expressly referred to within its provisions (including but not limited to our Terms and Conditions for Buyers and Sellers, our Privacy Policy, and our Prohibited Items List (“the Ancillary Documents”)) contains the entire agreement between us relating to the subject matter covered and supersedes 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. If there is an inconsistency between any of these terms and the provisions of the Ancillary Documents, the provisions of these terms shall prevail.