GENERAL

These are the terms of business (the "Terms") of Stockshifters ("Stockshifters.com", "Stockshifters.co.uk", "Stockshifters.eu", "we" or "us" or any other “Stockshifters” domain operated by us or our agents) setting out your rights and obligations for the use of the services offered by this website. YOU MUST READ AND ACCEPT THESE TERMS BEFORE REGISTERING to participate in any auction. Your acceptance means that you become a customer of Stockshifters ("Customer", “buyer”, “Purchaser” or "you") on these Terms. Please note – ONLY BUSINESS CUSTOMERS MAY REGISTER as we trade exclusively on a business to business basis.

You undertake that all details given in registering with Stockshifters are true and accurate at the time of registration and that you will immediately notify us of any changes to this information. Stockshifters undertakes that it will use any data given by and relating to any Customer solely for the purposes of the operation of auctions, and that data will be held in all respects in compliance with the Data Protection Acts 1984 and 1998.

We reserve the right to alter these Terms from time to time. All auctions will be governed by that new version from 7 days from the date of such an update being posted.

DESCRIPTION

Bids are made against the particular description of the goods on the site.

Some goods are sold as an individual item and others by lot in units of more than one.

Goods may also be sold by Yankee auction, in this case, bids are to be made against each individual item contained in that Lot. It is the Buyer’s responsibility to ensure that they only bid for the number of items required in such an auction. The highest bidder might not bid for all of the items on sale in which case the next highest bidder will win the number of items for which they bid, at the price they bid, up to the remaining number of items on sale and so on. (Providing the reserve price of the Item / Lot has been met)

All photos are for illustration only and may not be of the actual item.

Unless otherwise stated, due to time restraints, laptop batteries and other ‘consumables’ are not tested (unless stated) and no assurance is made as to their condition.

Unless otherwise stated peripheral items, cables, packaging and other accessories are not included.

BIDDING

If you bid in any auction your bid becomes an irrevocable offer to buy and may not be withdrawn. You will be legally obliged to purchase any item for which you have made a bid at the price bid by you if that bid is successful.

The winning bid in any auction will be the highest bid that exceeds any reserve price set and meets any other conditions of the relevant auction. If a bid you make is followed by a higher bid by another bidder that is later removed by Stockshifters for any reason, it shall be open to and at the sole discretion of Stockshifters whether to accept your earlier bid.

Bids must be made in value increments as defined by Stockshifters.

Stockshifters may also place bids on your behalf at your request up to a maximum level set by you. (By systems Auto Bidding set by you when placing a bid on site or by a request via email to Stockshifters staff. Please note email requests will only be considered upon first having direct telephone contact with Customer Services and where the email is sent from the registered email address of that bidder. Due to time and technology restraints Stockshifters cannot guarantee that a bid will be placed on your behalf in such circumstances and will hold no liability for direct or indirect losses where goods or auctions not being won by the bidder.)

Stockshifters reserves the right to close auctions early or to extend auctions at any time and at its discretion. Stockshifters does not guarantee that bids received will be processed and does not accept any liability for any direct or indirect loss so caused. Auctions may be cancelled or listings withdrawn because of technical difficulties experienced by Stockshifters or on the Internet.

WINNING

Stockshifters shall notify a winning bid by email to the Buyer. Unless the Buyer has established a history of collecting goods from Stockshifters in person, a shipping cost is determined and an invoice is generated and emailed to the buyer.

TITLE

The title to each of the items or goods covered by any invoice issued by Stockshifters is not legally transferred until complete and cleared payment has been made to and received by Stockshifters.

PAYING

Each auction is conducted in GBP (£) and payment can only be accepted in GBP (£). Any applicable VAT (currently 17.5%) shall be applied at the prevailing rate on the date of invoice. All prices on the website are exclusive of VAT unless explicitly noted otherwise on that Lot, where VAT is not chargeable on the goods then VAT will still be added to any other charges such as Lot fees and Delivery charges.

A fee of £1.35 (One Pound Thirty Five Pence) will be applied by Stockshifters to each standard LOT won to cover administration costs. Where the LOT won is described as a pallet (or is sold from the Pallets & Bulk onsite Category) then this charge will be up to £4.95 (Four Pounds Ninety Five Pence). These charges are non-negotiable and must be paid before goods are released. This fee will be listed on our invoices to you.

Where the goods have been sold as on a Pallet, and are to be shipped in such a fashion, then an additional charge of £3.00 + VAT will be charged to you for the purchase and handling of each individual physical pallet. This fee will be listed on our invoices to you.

The Buyer shall make the appropriate payment to Stockshifters (see ‘Help’ section on site for details) within 7 calendar days of the invoice date.

If payment is not received within 7 days the goods will be re-auctioned or otherwise disposed of by Stockshifters. In this eventuality your account will be suspended indefinitely and in addition you will be invoiced for a re-stocking fee of £10 + VAT per single item Lot (£20 + VAT per pallet or bulk Lot) and be liable for any differential loss incurred resulting from the re-sale of any of the items in question.

An additional charge of 2% + VAT of the total payment will be charged for debit or credit card payments made by Buyers to cover Bank charges incurred by Stockshifters in taking such payments.

All goods remain the property of Stockshifters or our Vendors until cleared payment is received in full.

DISPATCH

Items for dispatch are sent as soon as possible after cleared payment has been received by Stockshifters. This is usually the next working day but can occasionally be up to 5 working days. We will usually use a next day delivery courier service for most individual or boxed items and a 3 day pallet delivery for bulk / palletised / oversized purchases.

Where goods are purchased in volume then delivery charges will be consolidated wherever possible. (Please note consolidation of the delivery of goods won from differing locations, as described on each individual Lot, cannot be effected and therefore delivery will only be consolidated from the individual location.)

In the instance where the volume of goods purchased necessitates dedicated delivery transport (ie. Full arctic load of say 24 pallets) then delivery will quoted to the buyer on an individual basis. In such instance please contact Stockshifters Customer Services prior to bidding for goods for a unique delivery quotation as the overall cost of delivery in such circumstances is not a valid reason for crediting a purchase and the Buyer will be legally obliged to continue with that purchase.

COLLECTING

Due to the differing security policies and arrangements at each of the Stockshifters individual vendors locations there is no set policy regarding the option to collect goods that have been won / purchased.

Please contact Stockshifters Customer Services if you would like to know in advance of bidding whether collection is possible from a location in each and every instance.

The decision to allow the collection of purchased goods in any such instance is entirely at the sole discretion of Stockshifters (and our individual vendors location) and no appeal is available by the Buyer against the decision made by Stockshifters.

Please be aware that there is normally a 24 to 48 hour advance notification period required.

REJECTION

Items may only be rejected if they do not match the description given online. A strict time period of 24 hours from receipt/collection is available for items to be rejected. After this time our vendors are paid and therefore no refunds, credits or other recompense is possible. Stockshifters must be informed of such problems via email within 24 hours.

Being an online auction site Stockshifters cannot accept returns for any other reason.

RESALE OF GOODS PURCHASED

The goods for sale on Stockshifters auctions may come from a number of different sources to include ‘End of Catalogue’, ‘Overstocks’, ‘Customer Returns’, ‘Liquidated Stock’ and ‘Redundant Stock’ amongst other such ‘Surplus’ type descriptions. These goods are normally being sold on Stockshifters auctions directly by the Manufacturer, Distributor, Retailer or another agent because they cannot be returned to the original manufacturer. Therefore any winning Bidder or Buyer must conform to a number of explicit rules, Terms and Conditions if they intend to Re-sell or make available for Resale any items purchased from Stockshifters by any method.

By placing a bid on any Auction or by purchasing any goods from Stockshifters the Buyer explicitly agrees that:

The name of the originating company or of any associated firm or company (including Distribution companies) will not be used in connection with the resale of any goods or merchandise.

The Buyer will remove the name of any originating company or of any associated firm, company or any trade mark (including Stockshifters) from the merchandise prior to resale. All catalogue numbers or markings must be crossed out with permanent marker or obliterated from any and all cartons, packaging and paperwork before re-sale. i.e. Any item carrying Stockshifters, Distribution Companies, Distributors or Originating Companies name, markings or Trade Marks must be crossed out or obliterated beyond recognition.

On no occasion will any catalogue or other promotional literature belonging to any originating company or its associated firms and companies be used in any way whatsoever in connection with the resale of the merchandise.

All the merchandise sold to the buyer there under is sold without guarantee as to fitness for purpose and on the understanding that the buyer will ensure that the goods are made safe and are serviced before re-sale. No warranty whether expressed or implied by law will attach to any such sale.

The Buyer will indemnify Stockshifters against any claims whatsoever resulting directly or indirectly from the resale of the merchandise by the Buyer.

No statement made by any person as to the quality or condition of any goods on offer is to be relied upon for the purpose of making an offer to purchase.

Any customer returning goods to any retail outlet of an originating company in order to obtain a full refund will be liable for criminal prosecution by the Originating Company and / or Stockshifters and action will be taken in such circumstances.

For avoidance of doubt, an Originating Company is defined and is designated as the company originally retailing any of the purchased goods to the general public or to any other party in the supply chain prior to the Buyer purchasing the goods or merchandise from Stockshifters.

SAFETY TESTS

By bidding in any auction or by purchasing goods from Stockshifters the Buyer agrees to abide by the following conditions on Re-sale of any goods or merchandise purchased:

(a) Toys

Toys must be accompanied by a CE mark and the name and address of the European company responsible for the mark. Toys containing small parts as defined in BS 5665 must carry the statutory warning 'Not suitable for children under 3 years. Plastic bags containing toys must be over 38 microns thick and should carry a child-warning label. Toys should not be sold until the following checks have been carried out:

Completeness of toy to enable safe assembly including instructions if necessary.

Ensure that there are no sharp points or edges and that internal components are not exposed other than functional parts.

Toys using low voltage mains power adapters are checked to British Standard 3456 before resale.

It is fundamental to the conditions of sale that checks are carried out and that they are satisfactory prior to resale.

(b) Audio

Goods and merchandise is sold on the basis that it is repaired or reconditioned as necessary prior to resale. Safety tests complying with BS415 must be carried out on merchandise and any remedial work completed before it is offered for resale.

(c) Prams, Pushchair's and Nursery Goods

All new and second hand prams / pushchair's and nursery goods must meet BS 7409:1996. Older prams and pushchairs may be marked BS4139 or BS4792. However, even if a pram or pushchair is marked BS7409: 1996, it does not mean that it is safe. You are advised to check any prams and pushchairs carefully. These goods may have been subject to very hard wear which may have caused them to become unsafe. The main areas to check are:

Stability.

No corrosion.

No sharp edges or points.

No finger traps (check folding mechanism on handles etc).

Two separate locking mechanisms to release the chassis to / from fold.

A 5-point harness which is secure and intact (Some older models have a 3 point harness).

An effective brake.

Wheels must be firmly attached and running smoothly.

No small parts or loose fabric that can be detached easily by a child.

Must only be sold if it has proper instructions and warnings.

Must be generally fit for use to include, but not limited, to the points above.

LIABILITY

No warranty, either express or implied under statute or common law is given by Stockshifters in respect of any of the goods offered in auction unless expressly stated otherwise. All items are sold on an "as is" basis, at Buyer’s risk, and any liability attaching to such goods is hereby excluded to the maximum extent permitted by law. All goods, unless otherwise stated, are untested and will need to be tested and repaired. No guarantee is offered or implied.

In the event that the goods are destroyed, damaged or lost between the auction and delivery or are erroneously listed on the site, Stockshifters shall return to the Buyer the whole amount of any payment made to Stockshifters by the Buyer. You acknowledge and agree that Stockshifters cannot and will not be liable to any Customer or any third party for any indirect loss or damage, or for any loss of data, profit or business, (whether or not arising out of any breach of these Terms or negligence), whether or not foreseeable by Stockshifters.

The liability of Stockshifters under these Terms (whether arising in negligence or otherwise) will not under any circumstances exceed the greater of (a) £500, or (b) an amount equal to the sum payable by the Customer in the auction to which such liability relates, or aggregate of the applicable reserve prices. Stockshifters liability for death or personal injury arising from Stockshifters negligence is not excluded.

You agree to indemnify Stockshifters against all liabilities, claims and expenses that may arise from any breach of these Terms by you.

Stockshifters shall not be liable for any failure to perform any of its obligations under these Terms caused by matters beyond its reasonable control.

Save as otherwise provided, Stockshifters does not accept liability for errors and omissions, and reserves the right to change specifications and descriptions of goods if it considers it in the best interests of Customers. Stockshifters will not be liable to Customers or any third party for making or for not making any such changes provided always such changes are made in good faith, and in accordance with applicable laws.

INTELLECTUAL PROPERTY

All intellectual property rights in and relating to the auction service and this site (including copyright) are owned by Stockshifters (or its affiliates). Customers must not use any of those intellectual property rights except to the extent necessary to conduct auctions on this website.

COMPLIANCE

Stockshifters reserves the right to monitor the website and any material on it at its sole discretion to ensure that the service offered by Stockshifters remains in accordance with any and all consents, authorisations, laws and governmental regulations.

Stockshifters may in its absolute discretion refuse or remove bids or remove from sale or re-offer for sale listings in respect of which there is a dispute or which fail to draw bids above the reserve.

Stockshifters is entitled, without any liability or giving any advance notice to terminate any auction and/or any Customer’s registration or participation in any particular auction. Stockshifters has no obligation to offer any of the auctions to any Customer, or at all, where it appears reasonable to Stockshifters to do so.

MISCELLANEOUS

You may not, without the written consent of Stockshifters, assign or dispose of your right to assign or subcontract any or all of your rights and obligations under these Terms in respect of any individual sale or bid. Stockshifters reserves the right to assign or subcontract any or all of its rights and obligations under these Terms.

Every auction shall be deemed performed in the United Kingdom. Stockshifters and the Customer agree that English law shall govern these Terms and each submit to the exclusive jurisdiction of the English courts in relation to any disputes arising.