Terms and Conditions
Last updated 24 October 2021
YOUR ATTENTION IS DRAWN SPECIFICALLY TO CLAUSE 13 (LIMITATION OF LIABILITY)
Our terms
1. These terms
1.1 These are the terms and conditions upon which you may access and use our marketplace. By accessing and using our marketplace, you will be legally bound by these terms.
1.2 Please read these terms carefully before you use our marketplace. These terms tell you who we are, how the marketplace will operate, how you and we may change or end our contractual relationship, what to do if there is a problem and other important information.
1.3 These terms also apply to your use of our marketplace:
(a) the auction rules; and
(b) our privacy policy.
2. Information about us and how to contact us.
2.1 EKONNECT AUCTIONS LIMITED a company registered in England and Wales. Our company registration number is 13541257, our registered office is Claydon House Business Centre, 1 Edison Road, Aylesbury, Bucks, HP19 8TE.
2.2 eKonnect Storage Auctions is an online marketplace that allows a seller to list an item for sale for the purposes of allowing interested buyers to purchase that item. In the event of a successful bid (auction), a contract will be entered into directly between the seller and the buyer.
2.3 We do not sell items; we only provide a marketplace service for buyers and sellers to transact between themselves and to assist in the facilitation of that process.
2.4 You can contact us by telephoning our customer service team ether by calling 01296 584333 or emailing us admin@ekonnectstorageauctions.co.uk
2.5 If we have to contact you, we will do so by using the contact details, email or telephone number, you provided to us when you registered your account with us.
2.6 When we use the words "writing" or "written" in these terms, this includes emails.
3. Registering an account with us
3.1 Before you are able to use our marketplace to buy items, you must follow the full registration process so that we can set up your account. You must be over 18 to do this. The details on how to register with us are set out on our marketplace.
3.2 In certain instances, a buyer may have the right to cancel a contract provided they do so within a short period. You should be aware that your 14-day right to cancel this contract with us (see clause 9 of these terms) will immediately cease upon you either listing an item for sale or you buy or bid on an item. You will therefore remain liable to pay to us any fees which arise from your use of the marketplace, even if the obligation to pay such a fee arises during this 14-day period.
3.3 For an account that enables you to buy via our marketplace we will need your email address, full name and postal address, and telephone number. We will also ask for your payment card details, this enables us to confirm your identity.
3.4 Our privacy policy is set out on our marketplace. For registration purposes, we will use the information supplied to verify your identity before we can accept your application for an account.
3.5 If we are not able to verify your identity or we have some other concerns with your registration application, we have the right to decline your application for an account with us.
3.6 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat that information as confidential. You must not disclose it to any third party.
3.7 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time if, in our reasonable opinion, you have failed to comply with any of these terms.
3.8 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify our customer services team.
3.9 As a registered user you are agreeing to use our marketplace only for the purposes it is intended, any unlawful use of our marketplace including but not limited to:
(a) committing any fraudulent act; or
(b) using the marketplace in any way that results in causing harm to others, will result in your account being suspended or terminated.
4. Changes to these terms
We may change the way in which our marketplace operates, the auction rules or these terms:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to reflect changes to such matters as listing policies, auction rules, payments of fee, dispute resolution etc.
You must therefore check these terms and the auction rules each time you access the marketplace and especially each time you wish to sell or buy an item to ensure you are aware of any changes we have made.
5. Providing the marketplace
5.1 We will allow access to use the marketplace when a seller first applies to us to list an item.
5.2 If we do not accept an item listing for whatever reason, we will cease to provide the marketplace at that stage.
5.3 Upon the buyer making a successful bid for an item it will be the seller’s fee set out in Appendix 2.
5.4 Unless otherwise mentioned in these terms there is no charge to a buyer for using the marketplace.
5.5 The seller is responsible for the accuracy of the listing and even though we will check this before the listing is made available on the marketplace, we are not responsible for its content. If the buyer refuses to complete the purchase of the item as a result of a misleading or inaccurate listing, the seller’s fee is still payable.
5.6 A listing may be removed from sale at any time at the seller’s sole discretion.
5.7 A seller’s terms may differ to these Terms. You will need to read and agree to the seller’s terms in the listing, as well as these Terms.
5.8 A seller will require payment of a security deposit if you are the winning bidder. The security deposit will be specified in the listing. The seller will take payment of the security deposit on arrival at the store to collect the item and before access is given to the room. The deposit will be returned once the seller is satisfied that all items have been removed from the room and not left elsewhere in the store. Failure to remove all items will result in the seller retaining the security deposit to cover all associated and reasonable removal costs.
5.9 Buyer’s who fail to remove all items and forfeit their security deposit will have their registered account suspended.
5.10 If access to or the use of the marketplace is prevented or delayed by an event outside our control, then we will take steps to minimise the effect of the delay. However, we will not be liable for delays caused by the event.
5.11 We do not guarantee that the marketplace or any content on it will always be available or uninterrupted. We may withdraw or restrict the availability of all or any part of the marketplace (including any listing) for business or operational reasons.
6. Listing an item for sale (seller’s obligations)
6.1 You may only list an item for sale on the marketplace if that item is present in the UK, both on the day it is listed for sale and upon the day the auction closes. You will be asked to provide the location of the item when completing the listing. The item must be available to collect from that location in the UK following a successful sale.
6.2 The manner in which the bidding process takes place is set out in our Auction Rules which you will find in Appendix 1 to these terms.
6.3 By listing an item on our marketplace, you, as the seller, are confirming that you are the owner of the item or that you are properly authorised to sell the item.
6.4 To list an item for sale on the marketplace you will need to complete our online Sell Now form. In addition to the information set out in clauses 6.1 to 6.4 you shall provide:
(a) information to complete all of the compulsory fields;
(b) a detailed description of the item which shall be accurate and honest, ensure that the condition is described in detail and any damage is listed. The inventory of items being sold should be thorough in accordance with best practice recommended by the Self Storage Association UK, and
(c) clear and in-focus colour photographs which represent the true nature and condition of the item.
6.5 We are under no obligation to list every item or be under an obligation to tell you the reasons why the listing will not be authorised. Our only obligation to you is to tell you that your listing has not been accepted.
6.6 Once you have approved a listing you have agreed to an exclusive sale with us and you cannot offer the item for sale elsewhere, or to sell the item to anyone outside our marketplace during the listing period. If you do, then you will be required to compensate us in accordance with clause 5.3.
6.7 If the buyer fails to collect, we have the right to offer the item to the under bidders within 7 days of the auction ending.
6.8 It is unlawful for you to bid on your own items or to request someone you know to ‘bid up’ any item associated with your account on your behalf.
7. Buying (buyer’s obligations)
7.1 When a buyer places a bid to purchase an item open for auction on our marketplace you are making an irrevocable offer to purchase the item at that price. If you are the winning bidder, you will then be legally bound to complete that purchase at that price. You cannot revoke or withdraw that bid once it has been made. In the event you are the successful bidder at the end of the auction, you will be legally obliged to complete the purchase of the item at the price of your winning bid. All offers and bids made are done so at your own risk. You must make sure you have sufficient funds available before you place a bid.
7.2 We will have the right to remove any offer or bid made by you in circumstances where:
(a) it is obvious and apparent that the offer or bid made is a mistake (if you have made an error when entering a bid amount you must contact us immediately);
(b) the payment card registered is no longer valid;
(c) we believe you or someone you know is attempting to “bid the price up”;
(d) any seller or proposed buyer is acting in breach of this contract; and
(e) any information comes into our possession that questions our approval of your application to become a registered buyer.
7.3 Once an auction has completed, we will inform you of your winning bid and send you the seller’s details. The seller will be sent your details, name, email address and telephone number, it is then your responsibility to complete the transaction within 7 days.
7.4 If you fail to complete the purchase of the item within 7 days the seller may offer the item to the next highest bidder, relist the item or dispose of the contents.
7.5 Buyer’s who fail to complete the purchase of the item within 7 days will have their registered account suspended.
7.6 You must not attempt to purchase an item outside of the marketplace. This applies to any sale completed between a buyer and a seller, where the item is listed on our marketplace. We will charge the fee we would have otherwise received from the seller in accordance with these terms.
8. Marketplace content
8.1 This marketplace will include images, information, and materials (content) uploaded by other users. This content may not have been verified or approved by us.
8.2 Any content which you upload to the marketplace must not be:
(a) defamatory of any person (alive or deceased);
(b) obscene, offensive, hateful or inflammatory;
(c) sexually explicit;
(d) violent;
(e) discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age;
(f) deceptive;
(g) in breach of any legal duty owed to a third party;
(h) illegal;
(i) in contempt of court;
(j) threatening, abusive or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
(k) likely to harass, upset, embarrass, alarm or annoy any person; or
(l) unlawful or assist any person to commit or assist in the commission of any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
8.3 You warrant that you own all intellectual property rights in your content and any content uploaded by you does not offend anything contained within clause 8.2. You will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
8.4 We have the right to remove any content uploaded or posted by you without notice if, in our opinion, your content offends anything contained within clause 8.2.
8.5 We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our marketplace constitutes a violation of their intellectual property rights, or of their right to privacy.
8.6 You hereby grant to us an exclusive royalty free, irrevocable licence to use the content uploaded by you throughout the world without any restriction or limitation on our use.
8.7 We do not guarantee the truthfulness, accuracy or reliability of any content uploaded by you or endorse any opinions expressed by you or anyone else. You fully and unconditionally release and forever discharge us and our officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with disputes between you and a buyer or one or more users of the marketplace or any other person or entity, the use by us or you of the content.
8.8 We are the licensee of all intellectual property rights contained within the marketplace. You must not use, copy or modify any material you have printed off or downloaded from the marketplace in any way.
8.9 Although we make reasonable efforts to keep the marketplace up to date, we make no representations, warranties or guarantees, whether express or implied that the content is accurate, complete, or up to date.
8.10 Where the marketplace contains links to third party websites, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over those websites or resources.
8.11 If you wish to complain about content uploaded by other users, please contact us on admin@ekonnectstorageauctions.co.uk.
The following clauses 9 and 10 only relate to the contract between you as a user of the marketplace and us. They do not relate to any contract made directly between the buyer and the seller.
- Your rights to end a contract with us
9.1 As a consumer, you have a legal right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, to change your mind within 14 days registering to use the marketplace. This period starts on the day your application to use the marketplace is accepted by us. However, if within this 14-day period you list or apply to list an item for sale on the marketplace or make a bid in respect of any item listed for sale on the marketplace, you can no longer change your mind and cancel even if the 14-day period is still running.
10. Our rights to end your contract with us.
10.1 We may suspend or terminate your access to the marketplace at any time by writing to you if;
(a) you do not make any payment to us when it is due;
(b) you break any of these terms;
(c) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to allow you to continue to use the marketplace (for example evidence of your identity for verification purposes);
(e) you withdraw a listing from sale at any time after the auction has commenced;
(f) you withdraw a bid once you have made it; or
(g) you fail to complete the purchase of an item you have agreed to buy or successful bid for in an auction.
10.2 You must compensate us if you break these terms. If we suspend or terminate your access to the marketplace in the situations set out in clause 11.1you will be required to compensate us for our loss of fee in the manner set out in clause 5.3 or clause 5.5.
10.3 We shall have the right to withdraw a listing at any time at our discretion. We will not be liable to you for any loss you might suffer as a result of a listing being withdrawn by us.
11. Buyer and seller agreeing to cancel the contract for the purchase of the item
If, following the acceptance of an offer to buy an item, or the making of a successful bid for the item, neither the buyer nor the seller is allowed as a matter of law to refuse to complete the transaction unless they both agree. If they both agree, the obligation to pay to us our fee remains, and the seller will remain liable to pay our fee.
12. Disputes between the buyer and seller
As we only provide the marketplace to enable buyer and seller to buy and sell their items, it is the responsibility of the two parties to resolve any differences between them.
13. Limitation of liability
13.1 As a consumer accessing or using the marketplace, you agree not to use the marketplace for any commercial or business purposes. We will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
13.2 If you are a business, we shall not be liable to you, whether in contract, tort (including negligence) breach of statutory duty or otherwise, for any loss of profit or any indirect or consequential loss arising under or in connection with any contract between us and our total liability to you shall be limited to payment of a sum which will not exceed by way of maximum the amount of the Purchase Price of the item irrespective in any case of the nature, volume or source of any loss or damage alleged to be suffered or sum claimed as due, and irrespective of whether the liability arises from any negligence, other tort, breach of contract (if any) or statutory duty or otherwise.
14. Other important terms
14.1 We may transfer our rights and obligations under these terms to another organisation.
14.2 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.3 No one, other than ourselves, a buyer or seller shall have the right to enforce any of these terms.
14.4 These terms and any dispute or claim arising out of or in connection with them or their subject matter of formation are governed by English law and you can bring legal proceedings in respect of these terms in the English courts.
Appendix 1 - AUCTION RULES
Bidding will progress in increments once the reserve is met. If no reserve, bidding will start at the lowest increment of £1:
£1 increments up to £99
£5 increments from £100 to £199
£10 increments from £200 to £499
£20 increments from £500 to £1,999
£50 increments from £2,000 to £9,999
£100 increments from £10,000 to £19,999
Maximum bids
Submitting a maximum bid enables the system to place bids on behalf of the bidder when someone else places a bid against the same item, if the maximum bid is placed before the reserve is met it will automatically place a bid at the reserve price.
A Maximum bid will ensure the absent bidder leads the bidding until another bidder places a bid higher than their Maximum bid value.
If two bidders place a bid of equal value, the bid received first by the system will be the leading bid.
Auction time
All items will be open for bids for 7 days.
Anti - sniping rules
If a bid is placed within the last 30 seconds of the auction the bidding time will be extended by 1 minute.
The auction will only end when a clear 30 seconds pass without a bid being placed.
Appendix 2 – Fees
Buying – it is free to buy on our Marketplace.
Selling – we will charge the seller a fee equivalent to 10% of the winning bid.
