Welcome to Ibidonstorage.eu, a public Sale website (hereinafter: ‘Website’). The Website is a virtual marketplace for the sale of abandonded or unwanted contents by the storage industry. Our online marketplace is a popular way of buying and the Website is designed to connect self-storage businesses to buyers of the contents of Units.
IBIDONSTORAGE LTD is a company registered in England and Wales. The company registration number is 12482468 and our registered office is at Oak Tree House, Nortminster Business Park, Harwood Road, Upper Poppleton, York, YO26 6QU. Anyone can contact us by telephoning our customer service team on +44 7450 005580 or by writing to us at [email protected].
SECTION ONE: GENERAL
1 INTRODUCTION
1.1 These terms and conditions form a legally binding agreement between IBIDONSTORAGE LTD (hereinafter: `IBIDONSTORAGE` or `We`) and the user of the website (hereinafter: ‘You’), relating to the use of Services provided through the website Ibidonstorage.eu. By registering as a user on the Website you agree to be bound by these terms and conditions (`Terms`).
1.2 We may provide you with the Additional Agreements. Such Additional Agreements will be made available either on the Website or by email. Together with these Terms, such Additional Agreements will govern your use of the Services and the Website, any Sale or any other services made available by IBIDONSTORAGE to You.
1.3 You acknowledge that the Services are aimed at professional parties, not at consumers. In the event that the Buyer is a natural person, who does not act in the course of business, consumer laws of the country of residence may apply to the agreement with IBIDONSTORAGE. In such event, certain provisions in these Terms may not apply to You.
1.4 We reserve the right to change or discontinue (without prior notice) some or all of the Services we provide, or change the applicable terms and conditions for your use of the Services. You hereby agree that we may make any changes to these Terms.
1.5 IBIDONSTORAGE processes personal data in accordance with the Privacy and Cookie Policy as published on the Website. The following policies are published on the Website and apply to the agreement:
1.6 IBIDONSTORAGE offers a platform, and acts as an intermediary between Sellers and Buyers. Consequently, IBIDONSTORAGE does not become a party to a Transaction. By accepting these Terms, IBIDONSTORAGE is authorized as a limited representative solely to conclude Transactions.
2 DEFINITIONS
2.1 The following words have the following meaning in these Terms:
· Additional Agreement(s) means, collectively, all other policies and/or terms and conditions published on the Website, from time to time, and any additional terms and conditions regulating a Sale.
3 ENTERING INTO A CONTRACT WITH IBIDONSTORAGE
3.1 By entering into the agreement, You agree to comply with these following conditions:
3.2 The information and content on the Website is provided for general information only. It is not intended to amount to advice or information on which You should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website and entering into a Transaction. Although IBIDONSTORAGE makes reasonable efforts to update the information on the Website, IBIDONSTORAGE makes no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date. IBIDONSTORAGE makes no warranties or guarantees that the online Service will be uninterrupted or error free or that a bid or bids will be placed by the Buyer or received by the Seller or information regarding current price will be transmitted in a timely fashion.
3.3 You are responsible for obtaining and maintaining all telephone, communications, computer hard-ware, software, and other equipment needed for access to and use of the Services or the Website.
4 YOUR ACCOUNT
4.1 Your account is identified by your chosen user identification and only You are authorized to use your user identification. You are responsible for maintaining the confidentiality of your account including any password(s) or other security details You have chosen, or that IBIDONSTORAGE may issue to You. You are responsible for all use of your account, whether or not expressly authorized by You. If You believe that your account and/or password(s) have been misused or compromised in any manner, contact IBIDONSTORAGE immediately.
4.2 You agree that you will not hold and maintain multiple registered accounts or user names without obtaining written permission to do so. If You wish to register and maintain more than one account, You must submit your request to IBIDONSTORAGE by email.
4.3 IBIDONSTORAGE may ask you to identify yourself. To sell on the Website, IBIDONSTORAGE may ask you to provide additional identification information. You may be asked to provide a copy of your ID, your bank account number, date of birth, Chamber of Commerce and VAT identification number.
5 FRAUDULENT ACTIVITY
5.1 You shall not undertake any fraudulent activity in relation to the Services of IBIDONSTORAGE.
5.2 The Seller acts fraudulent and therefore in violation of these Terms if:
5.3 The Buyer’s right to bid may be revoked and the Buyer’s account may be suspended for a manual anti-fraud check for up to 24-48 hours. At IBIDONSTORAGE sole discretion, IBIDONSTORAGE may suspend the Buyer’s use of the Services or the Website for longer periods of time if it is necessary for a more complete investigation to be carried out. Anti-fraud checks are performed in the situations that the Buyer:
5.4 IBIDONSTORAGE may report any fraudulent behaviour to the police or other relevant authorities. Any cooperation with the relevant authorities, including the disclosure of information, shall not cause IBIDONSTORAGE to be in breach of any terms of these Terms and/or the Additional Agreements. To the extent permitted by law, you will have no claim against IBIDONSTORAGE on any decision made due to fraudulent activity.
6 LIABILITY
6.1 The liability of IBIDONSTORAGE for breach of contract, breach of warranty, tort or any other legal basis shall be limited to a total amount which is equal to the purchase price of the Goods which gave rise to the liability of IBIDONSTORAGE or a total amount of €3000.00, whichever is lower. This limitation shall not apply in case of fraud, death or personal injury caused by a breach of duty, any breach of the obligations implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982, or any other liability which cannot be excluded or limited by applicable law.
6.2 In no event shall IBIDONSTORAGE be liable for indirect or consequential losses, expressly including any issues relating to the use or (un-) availability of the Website; the interruption of any data transmission; loss of contracts; loss of anticipated savings; loss of revenue; loss of goodwill; loss of reputation; loss of or corruption of data; or loss related to illegal, harmful or personal items or data.
6.3 IBIDONSTORAGE does not serve as an agent for the Seller and shall not have any liability for the listed Goods on the Website. Furthermore, IBIDONSTORAGE cannot be held liable for any insurance that a Seller or a Buyer will complete a Transaction or fulfil their obligations towards each other.
7 INTELLECTUAL PROPERTY
7.1 The entire content of the Website, including all copyright, trademarks and other intellectual property rights it contains, including the name ‘ibidonstorage’, is IBIDONSTORAGE sole property and license. You may store, print and display the content supplied solely for your own personal use. You are not permitted, without written consent from IBIDONSTORAGE, to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to You or which appears on the Website nor may You use any such content in connection with any business or commercial enterprise.
7.2 You will not upload, post, or otherwise make available through the Services any content protected by copyright, trademark, or other intellectual property rights without the express permission of the owner of the copyright, trademark, or other intellectual property rights and the burden of determining that any material is not protected rests with You. By submitting content to any public area of the Website, You hereby grant, or warrant that the owner of such content has expressly granted IBIDONSTORAGE a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, repro-duce, modify, adapt, publish, translate, publicly display and distribute such content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such content. You also permit any other user of the Services or the Website to access, view, store, or reproduce such content for that user`s personal use.
7.3 To the extent permitted by law, You shall be solely liable for any damage resulting from any in-fringement of intellectual property rights, or any other harm resulting from such a submission. You shall indemnify and keep IBIDONSTORAGE indemnified (including the officers, directors, agents, parent, subsidiaries, joint ventures, employees, successors, and assigns) against any claims that may be brought against IBIDONSTORAGE (either by You or a third party) for any costs, loss or damages (including but not limited to direct, indirect, consequential or special damages) arising out of or re-sulting from any breach of the terms of this article. IBIDONSTORAGE shall have the right to dis-close your identity to any third party who is claiming that any content posted or uploaded to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.
8 MISCELLANEOUS
8.1 These Terms and any dispute or claim arising out of or in connection with it or its subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales. However, if You are a consumer, the law of your country of residence may apply, and offer You further protection.
8.2 You submit to the exclusive jurisdiction of the English courts to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation. This clause shall not apply if you are a consumer.
8.3 Nobody else has any rights under these Terms. These Terms are between You and IBIDONSTORAGE. No other person shall have any rights to enforce any of these Terms. We may transfer our rights and obligations under these Terms to a third party.
8.4 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.
8.5 If IBIDONSTORAGE does not insist immediately that you do anything you are required to do under these Terms, or if IBIDONSTORAGE delays in taking steps against You in respect of your breaking these Terms, this will not prevent IBIDONSTORAGE taking steps against you at a later date.
SECTION TWO: SPECIFIC TERMS THAT APPLY TO THE SELLER
9 ONLINE AUCTION PARTICIPATION
9.1 The Website is a platform where we provide and host our Service, and through which we provide a platform for the sale of the Goods. Any contract for the purchase of the Goods is between the Seller and the Buyer, not IBIDONSTORAGE. The Services allow the Seller to list and sell Goods through the Website.
9.2 The Seller is obliged to comply with all applicable laws, including tax laws and regulations, register in the correct capacity, and provide all required information when registering. The Seller is obliged to provide IBIDONSTORAGE with a valid VAT identification number. If you are based outside the EU and you do not have a VAT identification number, you must provide alternative proof that you are acting in a professional capacity (e.g. to carry out a trade, business, craft, or other professional activity).
9.3 The Seller guarantees that he is entitled and authorised to sell the Goods through the Website, and compliant with all requirements for such a sale under all applicable laws, including the law that governs the agreement between the Seller and the renter of the Unit. By offering and selling the Goods, the Seller guarantees that the Sale will not (i) violate any law or regulation, (ii) infringe on any rights of third parties, (iii) act in a way that is fraudulent in general, or (iv) act in a way that is unlawful and/or fraudulent towards third parties or IBIDONSTORAGE. The Seller guarantees the validity of the offer under all applicable laws. The Seller guarantees that the sale of the Goods
9.4 If the Seller enters into an agreement with a consumer in the European Economic Area (EEA), the Seller shall in all respects comply with the applicable consumer laws. The Seller accepts that in certain cases, Buyers in the EEA may be entitled to a 14-day ‘right of withdrawal’.
9.5 Goods placed for Sale by a Seller may be removed from Sale up and until the time the Sale expires, at the Seller’s sole discretion. IBIDONSTORAGE has the right to remove any posting on the Website if in the sole opinion of IBIDONSTORAGE such posting violates these Terms or any Additional Agreements, is considered inappropriate, or if IBIDONSTORAGE is of the opinion that the post does not comply with any applicable standards.
9.6 Seller’s will try to remove any illegal, harmful and sensitive materials or personal data from the contents of any unit, if these items are identified or discovered at the time of opening the unit. If any items of this nature are not found or identified by the seller on opening the unit to photograph the contents, it becomes the sole responsibility of the buyer to identify and return those items to the storage facility or contact the relevant authorities. Please see clause 16.
9.7 Any contents the Seller uploads to the Website will be considered non-confidential and non-proprietary. The Seller retains all of the ownership content rights, but grants IBIDONSTORAGE a limited license to use, store and copy that content and to distribute and make it available to third parties.
9.8 The Seller will provide either a detailed inventory or a general description of the Goods. The description provided on the Sales page is the only information provided to IBIDONSTORAGE about the Goods.
9.9 Except as may be otherwise expressly provided in these Terms and in the Privacy and Cookie Policy, You are solely responsible for any information or content belonging to, or provided to IBIDONSTORAGE. You agree that information or content You provide to IBIDONSTORAGE or place on the Website:
10 PAYMENT SERVICE PROVIDERS
10.1 Payment processing services on the Website may be provided by our payment service providers, depending on which country you are in. These payment processing services are subject to the respective terms of our Payment Service Providers. By selling on the Website, you agree to be bound by these relevant terms, which may be modified from time to time. Receiving payment may depend on you filling in all the details required by the relevant payment service providers, such as your date of birth and, if you are a professional Seller, a company registration number.
11 NON-COMPLIANCE WITH THESE TERMS
11.1 To secure the rights of IBIDONSTORAGE and those of other users, IBIDONSTORAGE is entitled, at all times and at its discretion, to (i) suspend Your pay-out, (ii) withhold Your payment, and (iii) offset any financial claim we have towards you with a financial claim you have towards us. In addition, to comply with applicable law or if you have breached our Terms of Use or (ii) we believe in good faith that they are necessary to protect our Website, other Users, or to prevent fraud or other illegal activities, we may take the following measures:
11.2 If the Seller has not provided accurate bank, contact, or identification information upon our first request, the Seller will be in default and IBIDONSTORAGE is entitled to withhold or refuse payments to You. If the Buyer pays for the Goods via credit card and, due to your failure to comply with your obligations under these Terms, files a successful chargeback, IBIDONSTORAGE is allowed to (i) block your account, (ii) set-off any claims, (iii) block any future payments to you, and (iv) initiate legal proceedings against You.
12 INDEMNIFICATION
12.1 The Seller shall indemnify and keep IBIDONSTORAGE indemnified (including the officers, direc-tors, agents, parent, subsidiaries, joint ventures, employees, successors, and assigns) against any claims that may be brought against IBIDONSTORAGE (either by You or a third party) for any costs, loss or damages (including but not limited to direct, indirect, consequential or special damages) arising out of or resulting from any breach of these Terms.
SECTION THREE: SPECIFIC TERMS THAT APPLY TO THE BUYER
13 ONLINE AUCTION PARTICIPATION
13.1 The Services allow the Buyer to participate in online auctions. IBIDONSTORAGE may at its discretion change some or all of the Services offered through the Website at any time. The Buyer agrees that the Goods are sold `as is` and `with faults` if any, and as a `job lot`.
13.2 Each Seller that conducts a Sale will have its own requirements and terms that the Buyer must agree to and comply with in order to participate in a Sale and buy the Goods. Each Seller has sole discretion to refuse the Buyer’s eligibility for any Sale.
13.3 The Seller is allowed to impose additional terms regarding the Sale. The Buyer will need to read and agree to these terms before bidding on or buying the Goods.
13.4 When the Buyer comes to collect the purchased Goods, the Buyer must be able to identify himself as the rightful winner. A copy of the Winners Notification documentation plus photo ID must be presented on arrival.
13.5 Unless otherwise stated in the Seller’s terms, the Buyer will have 72 hours after winning to clear up and clean up the Unit(s). If the Buyer does not appear within the set time, regardless of any other communication, the Buyer will be in breach of the contract with the Seller and shall remain liable to the sale price or resulting damages. The Seller may offer the Goods to the next highest bidder.
13.6 Unless otherwise stated in the Seller’s terms, the Cleaning Deposit shall be determined by the Seller (acting reasonably). If the Buyer fails to clean out the Unit’s contents, or clean it to the satisfaction of the Seller, the Seller may retain the Cleaning Deposit to cover all associated and reasonable cleaning and clearing up costs.
13.7 Any dispute the Buyer will have with a Seller in relation to quality of the Goods purchased is governed by the governed by the terms that apply to the relationship between the Seller and the Buyer, under the law that applies to such relationship.
14 BIDDINGS
14.1 The Buyer may only bid on Goods if the Buyer has a registered account. All starting bids are set by the seller, starting from €1 and concerns all items. When bidding, the Buyer agrees with these terms and additional terms from the Seller. The Buyer will have the right to the Goods when the Buyer has the highest registered bid and received a confirmation email from IBIDONSTORAGE with the pickup location information. After receiving this email, the Buyer will have:
o entered into a legally binding contract with the Seller for the purchase of the Goods; and
o agreed to remove the entire contents of the Unit within the specified period set out in the Sellers terms.
14.2 Any bid You place should be based upon the inventory provided by the Seller. We cannot guarantee the accuracy or quality of any inventory, and You will need to ensure You are comfortable with the inventory before any purchase. To the extent permitted by law, we make no warranties (express or implied) of the accuracy of the descriptions, quality, or quantity or any other details in relation to the Goods, or whether the items are illegal, harmful or contain any sensitive materials or personal data. IBIDONSTORAGE does not control the information provided by the Seller which is made available on the Website. All goods are sold “as is” and “with faults”, if any, and as a “job lot”. iBidOnStorage and the Sellers do not provide any guarantees or warranties over the contents sold or the authenticity of brands shown.
14.3 The Buyer cannot withdraw or revoke the bid. Any attempt will be a breach of these Terms and considered void.
14.4 Any bid made in the last 60 seconds of the Sale shall automatically extend so that two minutes remain in the relevant auction. The collection of bids shall not cease until the last 60 seconds has passed without any additional bids.
14.5 The Seller reserves the right to end an auction at any time during the bidding period. A Sale may be withdrawn for any reason whatsoever by the Seller until the unit contents have been collected by the highest bidder.
14.6 Under certain conditions and subject to the applicable law, a winning bid may be cancelled and the contents of a Unit returned to the renter of the Unit. In this situation, a full refund will be provided to You. For the sake of clarity, the goods do not belong to the Buyer until collected and removed from the Seller.
15 PAYMENT
15.1 Prior to placing a bid, the Buyer will be required to enter his credit card details. When a Buyer is the winner of an auction, the total amount payable will be immediately deducted from that registered credit card on behalf of the Seller. In the event that payment is declined for any reason, the Buyer will be deemed in breach of these Terms and in default to the Seller. The Buyer agrees to waive all claims against IBIDONSTORAGE and the Seller arising from this declined payment. Until payment is received, the Seller may:
o continue to offer the Goods to the next highest bidder;
o re-list the Goods for Sale; or
o dispose of the Goods as if you authorized IBIDONSTORAGE to do so.
15.2 In the event of a declined payment, the Buyer has to pay reasonable incurred administration costs, starting from €15.00.
15.3 Subject to any applicable laws, all Transactions between the Seller and the Buyer are final and no refunds are given. For the avoidance of doubt, the Buyer is not entitled to a refund from IBIDONSTORAGE if the contents of the Units are not of the advertised quality, type or otherwise; the contents of the Units are not in working, safe or operable; items are illegal or subsequently removed by the police or other relevant authorities; or there is a cancellation of a winning bid (for whatever reason).
16 INSPECTION OF THE GOODS
16.1 The Buyer shall inspect all purchased Goods for any illegal contents after removing them from the Unit. Illegal content means everything that is not legal so sell or possess. In the specific case that illegal items are found, the Buyer is expected to call for police enforcement or other relevant authorities. If the Buyer chooses not to declare and report illegal contents to the relevant authorities, the Buyer does so at the sole risk of liability.
16.2 The Buyer shall immediately return all personal property, papers, photos, legal documents, tax returns, bank statements, etc. to the Seller for return to the storage customer in the future.
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