Buy or Sell Pigeons, Buying Pigeons at Auction in the UK
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Terms and Conditions

Welcome to the Terms and conditions for CompareThePigeon.com ("Terms and conditions"). The services available at http://www.CompareThePigeon.com are provided by Compare The Pigeon ("Compare The Pigeon", "we", "us" or "our"), located at Chiverton House, Chesterfield Road, Dronfield, Derbyshire, S18 2XA, UK.

These terms and conditions describe the terms and conditions applicable to your use of our services available under the domain and sub-domains at http://www.CompareThePigeon.com and http://www.CompareThePigeon.co.uk (the "Site"). If you do not agree to be bound by these terms and conditions, you may not use or access our services.

We may amend these terms and conditions at any time by posting the amended Terms and conditions on the Site. Any amended Terms and conditions will govern new user registrations from the date that it is posted on the Site. Existing users will be bound by the amended Terms and conditions after the expiry of 30 days following the date of a Notice on the website. No other amendment to these terms and conditions will be effective.

This web-site is intended to be a friendly, enjoyable and useful experience, but as with anything concerning any kind of transactions there are risks involved and we strongly advise you to understand all of these terms before joining. If you spot a listing that you feel is violating the general terms and conditions of this web-site as stated below please let us know by contacting us.

Rights To Suspend or Terminate

You agree that this web-site, in its own discretion, may terminate any auction or use of the service immediately and without notice if (a) We believe that you are not abiding by the general rules of this web-site

(b) You have repeatedly broken a certain term (c) You have listed a suspicious item (d) We believe you to be a non paying bidder. In most cases when we suspect foul play we will suspend your account/listing whilst we investigate further. If our investigation is conclusive then your account with us will be terminated.

Your Conduct

You are solely responsible for the contents of your actions through this web-site. You must ensure that your participation in the selling or buying of items does not violate any applicable laws or regulations. By this we mean that you must check that you entitled to sell or buy the relevant item and that you are not prohibited from doing so by any law or regulation.

You must not transmit through the service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material. You must also not transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation.

General Terms

This site acts as the window for sellers to conduct auctions and for bidders to bid on sellers' auctions. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items listed the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot and do not control whether or not sellers will complete the sale of items they offer or buyers will complete the purchases of items they have bid on.

In addition, note that there are risks of dealing with foreign nationals, underage persons or people acting under false pretence.

This Web-site shall not be responsible for any items sold by Auction, for any damage to items during transit or during the inspection period, nor for misrepresentations and/or breaches of contract by either buyer and/or seller. This web-site shall not be responsible for the cost of procurement of substitute goods or any losses resulting form any goods purchased or obtained.

This web-site assumes no liability for the content of the listings.

However if you fall victim of a fraudulent transaction we will assist you as much as we can.

Laws

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.

Membership Eligibility

Our services are not available to, and may not be used by, persons under the age of 18 years or to temporarily or indefinitely suspended Compare The Pigeon members. If you are under 18 years old, you can use this service only in conjunction with and under the supervision of a parent or guardian. If you do not qualify, please do not use our services. If you are registering as a business entity, you represent that you have the authority to bind that entity to these terms and conditions.

User ID

You must choose a User ID and password on completion of registration. You are responsible for all actions taken under that User ID and password and shall only use or utilise the Site using your own User ID and password. You must use every effort to keep your password safe and should not disclose it to any other person. You shall not transfer or sell your User ID to any other person. You shall also not permit, either directly or indirectly, any other person to utilise your User ID or password.

 Feedback

 You must not take any actions that may undermine the integrity of the feedback system. We may limit the number of bids and listings you may place on the Site and your other activities on the Site based upon the level of your feedback. Feedback ratings are not designed for any purpose other than for facilitating trading between Compare The Pigeon users, and you agree that you shall not market or export your Compare The Pigeon feedback rating in any venue other than an Compare The Pigeon website. We do not allow you to import feedback from other websites to Compare The Pigeon because such feedback does not reflect your reputation within the Compare The Pigeon community.

Liability

In the event that you have any right, claim or action against any other user arising from that user's use of the Site, you agree to pursue such right, claim or action independently of and without recourse to us, and you release Compare The Pigeon (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.

 

Bidding and Buying

As a buyer, you have a legal obligation to complete a transaction with a seller:

if you purchase an item through one of our fixed price formats; or

b. if you are the highest bidder at the end of an auction-style listing (meeting the applicable minimum bid or reserve requirements and including any bid that becomes the highest after a valid bid retraction) and your bid is accepted by the seller, unless the item is listed in a category under our Non-Binding Bid Policy or the transaction is prohibited by law or by these terms and conditions.

By bidding on an item you agree to be bound by the conditions of sale included in the item's description provided that those conditions of sale are not in breach of these terms and conditions or otherwise unlawful. Bids are only retractable in exceptional circumstances, such as when the seller materially changes the item's description after a bid is placed, a clear typographical error is made, or you cannot authenticate the seller's identity. As buyer, you must ensure that you are legally able to bid for and buy any item that you bid for.

Listing and Selling

Listing Description. If you are a seller, you must ensure that you are legally able to sell each item included in a listing on the Site. You must describe your item and all terms of sale on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item and you are responsible for ensuring that you have the right to use all content in your listings and we have the right to host it on our servers. All items must be listed in an appropriate category. All "Dutch Auction" or "multiple item listing" items must be identical.

No Cancellation. You acknowledge that we will commence supplying our services to you as soon as you have sent a "Sell Your Item" form to us, and you recognise that you will not have the right to cancel any listing under the Consumer Protection (Distance Selling) Regulations 2000 or any equivalent legislation in your jurisdiction.

Binding Bids. A seller who receives at least one bid at or above the stated minimum bid price (or in the case of reserve auctions, at or above the reserve price) must complete the transaction with the highest bidder on completion of the listing, unless: (a) the item is listed in a category under buy it now; (b) the buyer fails to meet the conditions of the seller's listing (such as payment method); or (c) the seller cannot authenticate the buyer's identity.

Fraud Without limiting any other remedies, we may suspend or terminate your account if we suspect that you have engaged or are about to engage in, or have been in any way involved in or linked to, fraudulent activity in connection with the Site.

Manipulation. You must not manipulate the price of any item or interfere with other user's listing(s). Without limitation, you must not: (a) bid in a listing where you are the seller, or procure or encourage any person to do so on your behalf; (b) contact bidders in a listing where items are listed for sale in order to offer similar items to the bidders in that listing; or (c) make bids or make any payment using a false User ID.

Fees

Joining Compare The Pigeon and bidding on items is free, although you will remain responsible for the costs of accessing our Site and communicating with our users. We charge fees for listing items for sale through our Site and when you list an item you have an opportunity to review and accept the fees that you will be charged. Our fees are described in our Fees section which forms part of these terms and conditions. We may change this policy at any time, and any change will be effective after the expiry of 14 days following the date of posting on the Site (or such later date as we may notify). However, we may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events (for example, free listing days) and such changes are effective when we announce the temporary promotional event on the Site. For the avoidance of doubt, such promotional events shall not apply to any listings on our Site at the time of the announcement. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service.

Unless otherwise stated, all fees are payable in GB Pounds sterling. Whether you are a business or not, value added tax and other taxes may apply to your transaction. Sellers will be responsible for paying all fees associated with using our service and our Site and all applicable taxes. You agree that we may issue you with invoices in electronic format by email.

Your Information

Definition "Your Information" is defined as any information you provide to us or other users in relation to the Compare The Pigeon service including the registration, bidding, listing or feedback process (including, without limitation, any description of items listed), your postings on the message boards and any other content that you post within the Site. You are solely responsible for Your Information, and we act as a mere conduit for your online distribution and publication of Your Information.

Restrictions Your Information and your activities on our Site must not:

be false, inaccurate or misleading;

be offensive or menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights;

infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy;

be fraudulent or involve the sale of counterfeit or stolen items;

be in breach of any applicable laws or regulations (including, but not limited to, laws governing export control, consumer protection, unfair competition, anti-discrimination, false advertising);

be obscene, indecent or contain child pornography;

create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;

link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under these terms and conditions; (bb) are identical to other items you have up for sale but are priced lower than your item's reserve or minimum bid amount; (cc) are concurrently listed for sale on a website other than Compare The Pigeon's (this does not prevent linking to or advertising an Compare The Pigeon item from another website); or (dd) you do not have a right to link to or include;

contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information;

cause the Site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Site is in any way impaired.

 Your Use of Other Users' Information. In order to facilitate interaction among all Compare The Pigeon community members, our service allows you limited access to other users' contact information. As a seller you have access to the User ID, email address and other contact information of the buyer or winning bidder(s), and as a buyer or winning bidder you have access to the User ID, email address and other contact information of the seller.

Compare The Pigeon and our users do not tolerate spam or unsolicited commercial communications. Therefore, without limiting the foregoing, you shall not add a Compare The Pigeon employee or an Compare The Pigeon user, even a user who has purchased an item from you, to your mail list (email or physical mail) without their express written consent after adequate disclosure. To report spam from other Compare The Pigeon users, please send an email to the Trust and Safety team via the web form.

Use of Email Tools. You may not use the Email This Auction to a Friend service, or other email forwarding services that we offer, to send spam or otherwise send content that would violate our Terms and conditions. We do not permanently store the email messages or the email addresses.

Breach

Without limiting our other remedies, we may limit your activity on the Site, immediately issue a warning, suspend or terminate your user registration or any of your item listings and refuse to provide our services to you without notice to you: (a) if you breach these terms and conditions or the documents incorporated by reference; (b) if, despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause us financial loss or legal liability.

Transfer of Data

We view protection of users' privacy as a very important community principle. Please note that Your Information will be stored and processed on our computers in the UK. Compare The Pigeon will hold and transmit Your Information in a safe, confidential and secure environment. If you object to your Information being transferred or used in this way please do not register.

No Warranty

We (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Our website and our services are provided "as is" and as and when available, and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

Limitation of Liability

Nothing in these terms and conditions shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our, agents or employees. Subject to the foregoing, we (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with these terms and conditions. Some jurisdictions do not allow the exclusion of incidental or consequential damages, so the above exclusion may not apply to you.

Indemnity

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these terms and conditions (including the documents incorporated by reference), or your violation of any law or the rights of a third party.


9/18/2019 5:51:16 PM  Contact  |   Terms & Conditions  |   Privacy Policy  |   About Us  |   Fees
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