Terms and Conditions and User Agreement

 

Use of the RC-Model-Auction web site and the services we offer constitutes your acceptance of all terms and conditions stated in the below User Agreement.

 

RC-Model-Auction reserves the right to change or amend this agreement at any time. Changes or Amendments will be posted to our site and considered effective 30 days from the date they are posted to the site. If you do not agree to such changes, you may request that we close your account by contacting us.

 

If you have any questions regarding this User Agreement contact us.

 

1. Eligibility / Registration

To use our services, you must be at least 18 years of age and be able to form or enter into a legally binding contract in accordance with applicable laws. If you are eligible to use our services, you must complete the Registration process by providing RC-Model-Auction with true and correct information as required on the RC-Model-Auction registration form. If the information you provide is found to be false or non-verifiable, we may suspend or terminate your registration and account.

 

2. RC-Model-Auction serves only as a Venue

RC-Model-Auction is an Internet site on which registered users post ads offering merchandise which they possess and wish to sell in an open auction environment. Registered users may also bid on or buy such merchandise. At no time does RC-Model-Auction possess, hold, or offer any merchandise for sale or auction, nor are we involved in any part of the actual transaction. RC-Model-Auction serves only as a venue in which individual sellers and buyers may engage in transactions between each other.

 

Because of our non-involvement in these transactions, it is the sole responsibility of the seller to accurately represent the quantity, quality, safety, authenticity, and availability of the items the seller has listed on the site. Furthermore, it is the responsibility of the bidder/buyer to verify with the seller any or all information about any item listed on RC-Model-Auction, for which they intend on placing a bid, before placing such bid. RC-Model-Auction cannot be responsible for a seller's willingness or ability to sell any item they have listed, or a Bidders willingness to follow through with a transaction for an item(s) for which they have placed a bid.

 

We encourage open communication between buyers and sellers before and after any transaction takes place.

 

3. User Verification

Because of difficulties involved with verification over the Internet, RC-Model-Auction is unable to guarantee that a user is who they may claim to be. If you are uncertain as to another users identity, we suggest that you contact them. You may also review any members feedback profile to see what others have said about dealing with them.

 

4. Disputes and Release

Because RC-Model-Auction has no involvement in transactions between users we can not get involved in disputes between users. You hereby release RC-Model-Auction (including all officers, employees, parent companies, contractors, suppliers, or agents) from any and all types of damages or claims resulting from such disputes.

 

5. Selling on RC-Model-Auction

By listing an item(s) for auction/sale on RC-Model-Auction, you are stating that you have the intention and ability to sell the item(s). You furthermore state that any item(s) which you are offering for auction/sale does not violate any United Kingdom laws, regulations, or guidelines prohibiting the sale or distribution of your item(s).

 

Listings may consist of any one, or a combination of the following:

A detailed and accurate text description of your item

A picture which you supply of your item

A link to a picture (that you own or have rights to link to)

 

Listings may not contain items or information that:

Violate any United Kingdom laws that prohibit the sale or distribution of your item.

Infringe upon any third parties, copyright, patent or trademark rights.

Falsely advertise, or misrepresent the merchandise being offered for sale.

Are sexually explicit in nature, contain or describe sexual acts, nudity, pornography or child pornography, or would be classified as Adult only material.

By paying a listing fee or final auction value fee to RC-Model-Auction, might cause us to violate any United Kingdom laws, regulations or guidelines.

 

If at the close of your auction, a bid has been placed on your auction that meets or exceeds your stated minimum bid or reserve price, you are obligated and agree to complete the transaction with the high bidder(s) as per the terms and conditions stated in your listing.

 

Sellers may not engage in the following activity:

Using a secondary UserID to place bids on your own auction for any reason.

Soliciting bidders who have placed bids in an auction being run by another seller offering an item similar or identical to yours.

Listing an item in which you have a limited quantity available, and have also listed, at the same time, on another online auction site.

Listing items which you do not have possession of at the time of listing unless this information is clearly stated within the item's description.

If you are running a Dutch Auction, your items must be identical in size, shape, color, and description.

 

6. Placing Bids

By placing a bid on an item(s) listed on RC-Model-Auction, you are stating that you have the ability and intention to purchase the item for the amount of your bid, should the auction end and you are the high bidder. In the case of a reserve auction, if your bid meets or exceeds the sellers stated reserve price, you agree to purchase the item(s) for the amount of your winning bid.

 

Before placing a bid in an auction, you should be certain you understand all terms and conditions of the sale as indicated by the seller. Placing a bid is considered a legal, binding contract in the United Kingdom. If you have any questions about an item, or the seller offering the item, you should ask the seller before placing your bid.

 

Only in certain situations would bid withdrawal be acceptable. These situations may include:

The seller has made material changes to the description of the item after your bid was placed.

The seller has made a typographical error in the description of the item.

You have contacted the seller and received their express permission to withdraw your bid.

 

Bidders may not engage in the following activity:

Bidding in a manner that causes the maximum bid of other bidders to be revealed, then retract your high bid, and bid again at a lower increment above the true high bidder.

Placing bids for the purpose of exposing the sellers reserve price, then retract your bid and bid again later with a secondary User ID.

Bidding on any item that you do not have the intention or means to purchase at the close of the auction, should your high bid cause you to win the auction. You are encouraged to ask the seller of an item listed on RC-Model-Auction, any questions you may have regarding the sale of, or condition of the item before placing your bid.

By placing a bid, you further state that the purchase and or delivery of the item does not violate any UK laws, regulations or guidelines regarding the sale or distribution of such item(s).

 

7. Personal Information

Personal information is the information that you provide to RC-Model-Auction or to other members when:

Completing the registration process.

Listing an item.

Placing a bid.

Leaving feedback comments.

Entering your credit card details for verification.

 

You are responsible for your personal information. In the event that your information creates a liability to us that may cause our Internet service provider, suppliers, agents, or contractors to sever their services to us because of such liability, we may take appropriate actions regarding such information.

 

The use of your information is explained in our current Privacy Policy.

 

9. Your Password

You may not disclose, share, or distribute your password to any third party. If you feel your password has been jeopardized, you may change your password at any time, and as often as you wish.

 

10. Stability

Neither you nor any parties affiliated with, contracted by, or created by you may take any actions to interfere with or interrupt, the operation or stability of the RC-Model-Auction web site. This includes, but is not limited to, the use of any software, device, or programming routine that could place excessive loads on our system or interfere with any listing or auction listed on our site, or any users account or information.

 

11. Feedback

RC-Model-Auction provides registered users with the ability to leave comments about their experiences in dealing with other registered users, through our feedback system. It is expected that you will use the Feedback system in a manner that upholds and maintains the integrity of the Feedback System.

 

The following actions regarding the use of the Feedback system are prohibited:

Threatening another user with negative feedback for their refusal to perform actions not related to your transaction with that user or their failure to agree to terms and conditions of an auction that were not stated in the original listing.

Leaving feedback that contains vulgarity or profanity.

Leaving feedback that discloses another users personally identifiable information.

Leaving comments that are negative in nature, through the selection of the Positive comment option.

 

In the event that you violate any of the above Feedback rules or your feedback rating should reach the status of -4 (negative 4) your registration and account may be suspended.

 

12. Privacy

RC-Model-Auction takes several steps to protect and prevent the misuse of the personal and private information you supply us. You may review our current Privacy Policy.

 

13. Notice

All notices given between both parties (You and RC-Model-Auction) will be made via email, certified mail, or registered mail. Notices we send you will be addressed to the email address which you provided during the registration process or currently have on file in your account with us. In these instances, unless the party sending the email is notified that the Recipients email address in not valid, such notices will be considered given 24 hours from the time the email is sent.

 

Notices regarding changes to the terms and conditions may be given by posting such changes to the site, and will be considered given and effective 30 days from the time of such posting.

 

14. Limitation of Liability - Non Warranty

 

IN NO EVENT SHALL RC-Model-Auction(INCLUDING OUR SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES) BE LIABLE FOR LOST PROFITS, REVENUES, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) RESULTING FROM OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SITE.

THE SITE AND SERVICES ARE OFFERED "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTIES OR GUARANTEES EXPRESSED OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT.

 

15. Indemnification

You agree to indemnify and hold harmless RC-Model-Auction, its officers, employees, parent companies, subsidiaries, contractors, vendors or affiliates, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the RC-Model-Auction, the violation of this User Agreement by you, or the infringement by you or any other user of this site using your computer, of any intellectual property or other right of any person or entity.

 

16. Legal Responsibility

It is your responsibility to comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase and sale of items through our site.

 

17. No Partnership / Agency

You and RC-Model-Auction act as independent contractors. At no time is any partnership, agency, joint venture, employee-employer or franchiser-franchisee relationship intended or created by this Agreement.

 

18. Violation of Terms and Conditions

We may terminate your account, registration temporarily or permanently should you violate any portion of this User Agreement. This includes the termination or suspension of any auctions you may be running at the time, without refund of any fees or compensation or liability for loss of business or revenues which you may claim, as a result of such termination.

 

19. Disclosure

The services herein are offered by RC-Model-Auction.

 

These Terms of Service shall be governed by and constructed in accordance with the laws of England and Wales and any disputes will be decided only by the Courts of England and Wales.