You are entering into a contract with 1 Click Auctions, FDG Business Accounting Ltd, 147 Longfield Lane, Ilkeston, Derbyshire, DE7 4DD. This User Agreement, the 1 Click Auctions User Privacy Notice, the Mobile Device Terms and all policies posted on our site set out the terms on which 1 Click Auctions offers you access to and use of our site, services, applications and tools (collectively 'Services'). You can find an overview of our policies here. All policies, the Mobile Device Terms and the 1 Click Auctions User Privacy Notice are incorporated into this User Agreement. You agree to comply with all the above when accessing or using our Service.
1 Click Auctions is a marketplace that allows users to offer, sell and buy Militaria.
1 Click Auctions does not own anything listed or sold through 1 Click Auctions, and is not involved in the actual transaction between buyers and sellers. The contract for the sale is directly between buyer and seller. 1 Click Auctions is not a traditional auctioneer.
While we may provide pricing, postage, drafting and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. 1 Click Auctions does not review users' listings or content. While we may help facilitate the resolution of disputes through various programmes, 1 Click Auctions has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users' content, listings or feedback; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
We will however resolve to investigate any cases brought to our attention.
We have worked very closely with each of our sellers, and therefore you cannot simply sign up and sell on this website - for more details on how to sell on this website please click here
In connection with using or accessing the Services you will not:
If you are registering with 1 Click Auctions as a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business on 1 Click Auctions, you must comply with all applicable laws relating to online trading (please see Listings, Items and the Law for more information on the legal requirements for selling).
You agree that we will commence supplying our services to you as soon as you accept this User Agreement. You can cancel this User Agreement under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. We may recoup the cost of any services provided up to the point of cancellation.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or to modify or discontinue 1 Click Auctions Services.
We may limit, suspend, or terminate our Services and user accounts, restrict or prohibit access to, and your activities on, our Services, cancel bids and remove listings, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our Services if:
When a buyer or seller issue arises we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement, and to do the right thing for both buyers and sellers.
The fees we charge for using our Services are listed on our Seller fees page. We may change our fees, or introduce new fees from time to time by posting the changes on the 1 Click Auctions site or via the Messages section of My 1 Click Auctions 30 days in advance. You may close your account without penalty within 30 days of such notice being given.
When listing an item, you agree to comply with the rules for listing and selling practices policy and that:
When buying an item, you agree to comply with the rules for buyers and that:
Sellers and buyers are responsible for complying with all laws and regulations applicable to international sales, purchases, and postage of items.
When providing us with content, you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sublicensable (through multiple tiers) right to use the content and authorise us to exercise any and all copyright, trademark, publicity, database or other rights you have in or to the content in any media known now or in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights against us, our sublicensees or assignees.
While we try to offer reliable data, we cannot promise that content will always be accurate and up-to-date, and you agree that you will not hold us responsible for inaccuracies.
1 Click Auctionsdoes not offer a managed returns process as the transaction is between the buyer and seller. We will however offer advice as to how this can be managed.
Example1. If an item isn't as described or photographed it is usual that the seller pays for the return postage along with the original costs.
Example2. Some sellers offer a no quibble returns policy. In this instance if a buyer wishes to simply return the item if they are not happy then the postage cost is usually met by the buyer The seller only refunds the original cost of the item.
The transaction is between the buyer and seller, and therefore can agree to whichever shipping method or courier service is agreed. This only needs to be stated within the description for special arrangement items
We try to keep 1 Click Auctions and its Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in 1 Click Auctions's Services may not occur in real time. Such functionality is subject to delays beyond 1 Click Auctions's control.
We shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly from:
You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on any of our sites.
1 Click Auctions cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users' purported identities or the validity of the information which they provide to us or post on our sites.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount of fees in dispute not to exceed the total fees which you paid to us in the 12 months prior to the action giving rise to the liability, or (b) £100.
Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
You will compensate us in full for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of this User Agreement, your improper use of 1 Click Auctions's Services or your breach of any law or the rights of a third party.
If a dispute arises between you and 1 Click Auctions, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Any claim, dispute or matter arising under or in connection with this User Agreement shall be governed and construed in all respects by the laws of England and Wales. You and 1 Click Auctions both agree to submit to the non-exclusive jurisdiction of the English Courts.
In simple terms, "non-exclusive jurisdiction of the English courts" means that if you were able to bring a claim arising from or in connection with this User Agreement against us in Court, an acceptable court would be a court located in England, but you may also elect to bring a claim in the court of another country instead. English law will apply in all cases.
If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
We may assign our rights and obligations under this User Agreement in accordance with the below (but without your prior express consent), provided that we assign the User Agreement on the same terms or terms that are no less advantageous to you.
Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
If you have a dispute with one or more users, you release us from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
We may amend this User Agreement at any time by email, or via theMessages section of My 1 Click Auctions or by posting the amended terms onwww.1 Click Auctions.com. All amended terms shall automatically be effective 30 days after they are initially posted. Your continued use of our Services after the effective date of these amended terms constitutes your acceptance of them.
This User Agreement may not be otherwise amended except through mutual agreement by you and a1 Click Auctions representative authorised to do so.
The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the 1 Click Auctions site.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.
The User Agreement, the 1 Click Auctions User Privacy Notice and all polices posted on our site are the entire agreement between you and 1 Click Auctions and supersede all prior understandings and agreements of the parties.
The following Sections survive any termination of this User Agreement: Fees(with respect to fees owed for our services), Content, Liability, Compensation,Legal disputes and the release contained in this General section. Legal notices shall be served by registered mail to 1 Click Auctions,FDG Business Accounting Ltd, 147 Longfield Lane, Ilkeston, Derbyshire, DE7 4DD. We shall send notices to you by email to the email address you provide to 1 Click Auctions during the registration process. Notice to you shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by registered mail to the address provided during the registration process. Notices sent to either party by registered mail shall be deemed to have been received by that party three days after the date of mailing