Argos Clearance Auctions Terms and Conditions Updated 21/08/2008 This Argos Clearance Auctions website (www.argosclearance.co.uk) is provided by Argos Limited (referred to as "Argos/we/our/us"). As a user of this website on behalf of the business you represent (referred to as "you/your"), and acknowledge that any use of this website including any transactions you make ("use/using") via this website are subject to the terms and conditions below and the Argos Clearance Auctions Privacy Policy. Please: read through these terms and conditions carefully before using this website print a copy for future reference also read our Privacy Policy section regarding your personal information. 1. General 1.1       We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website (see date at the top) and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions. 1.2       We reserve the right to modify or withdraw this website (or any part) at any time without notice. 1.3       By using this website you confirm that you are doing so in the course of business and not as a consumer and have authority to bind any business on whose behalf you use this website. 1.4       You agree to ensure that your registration details are up to date and accurate and to update any details when necessary using the My Account page on the website. 1.5       We reserve the right in our absolute discretion to refuse any application to register and access the website services and to temporarily or indefinitely suspend any registered members. 1.6       You are responsible for keeping your personal user name and password secure and confidential. You should not share, display, disclose or permit your user name or password to be disclosed to any other party. 1.7       If you believe that your user name and/or password has become known to another person or you are aware of any breach of security regarding the online services, then you must notify us as soon as possible. 1.8       You agree to comply with all applicable laws, statutes and regulations concerning your use of the website. 1.9       The Argos Clearance Site is open to all UK residents aged 18 or older, except employees of Argos and their immediate families, agents and affiliates or anyone involved with the site. 2. Online auction 2.1       You can only make a bid and use the online auction facility if you have registered on the website. You agree to comply with the Bidding Rules and FAQs and any other instructions and notifications posted on the website from time to time in relation to the use of the online auction facility. 2.2       Any bid that you make via this website will constitute a legal offer to buy the product(s) from Argos. Argos will notify you by acknowledgement e-mail if your bid wins. This acknowledgement e-mail does not constitute legal acceptance of your winning bid by Argos. 2.3       By bidding for a product you agree to be bound by any conditions of sale included in the product description on the website. 2.4       Any bid that you submit will remain open for the period specified on the website. 2.5       The winning bid in any auction will be the first highest bid that exceeds the reserve price (if any) and meets the conditions that are specific to that auction. 2.6       If your bid is successful you will be contacted by Argos to confirm that you have placed the winning bid. Legal acceptance of your bid will not take place until Argos acknowledges your winning bid and full payment has been received by Argos for the product(s) and the product(s) have been collected in accordance with these terms and conditions. 2.7       When you place a bid, then you acknowledge and agree that if you have placed the highest bid and acceptance of your bid takes place in accordance with Section 2.6 above, then you will have entered into a legally binding contract to purchase the product(s). 2.8       Argos have full discretion to refuse to accept your bid or withdraw any lot for whatever reason at any time. Argos shall also have the right in its discretion to cancel or stop an auction at any time for example, where an error appears on the website in respect of a reserve price. 2.9       Where Argos is unable to contact you within 14 days of the closure of the auction and/or at any time that there is a problem with receipt of payment, then Argos will be entitled in its discretion to offer the product(s) to the next highest bidder, to re-auction the product(s) or dispose of the items by any other means. 2.10     Argos are entitled to set applicable minimum bid or reserve prices for product(s) auctioned via the website and Argos shall be entitled to change these at any time during the auction period. If an auction subject to a reserve ends and the reserve price is not met, then no contract to purchase the product(s) will take place. 3          Products 3.1       Product(s) for sale via the website fall into one of the following four categories:             "A-" – Customer returns and ex display in virtually "As New" condition & complete with all accessories.             "B+" – Customer returns in graded condition with minimal signs of use. Complete with accessories (may not have instruction books). Mostly in original boxes.             "B-" – Customer returns missing some accessories but working. More visible signs of use.              " Untested Returns " – This stock comprises of mixed products that are deemed unfit for resale.             These will include:             1. Returns from customers as “faulty” though no testing at store or warehouse has taken place.             2. Returns from customers under our 30 day money back guarantee policy that are technically OK but the packaging is damaged.             3. Products damaged in our own distribution or store processes. Products which cannot be resold following return either because they are personal care items such as shavers or digital storage devices. e.g. Digital cameras or MP3 players             All ‘Untested Returns’ sold by Argos through this website are sold on the condition that the merchandise will either be repaired, reworked or recycled by the purchaser to allow future resale to an end user, or alternatively will be resold as second hand in the same condition that it is purchased from Argos. This product is sold on the understanding that it will not be resold as ‘new’ and that any electrical products will be tested by a qualified electrician before resale.             To the fullest extent permitted by law, Argos gives no warranty or representation of any kind, either express or implied, as to the quality, condition or fitness for purpose of the merchandise, nor is any warranty or representation to be taken to have been given or implied from anything said or written in negotiations with Argos or their representatives prior to purchase.             By purchasing ‘untested returns’ through this website you undertake to ensure that either you, or anybody subsequently purchasing some or all of this product from you with the intention of selling these products on to members of the public, fully comply with all current and future Waste Electrical & Electronic Equipment (WEEE) regulations & General Product Safety Regulations (GPSR), and that upon purchase of the merchandise from Argos you will indemnify Argos from all obligations with regards to final disposal or resale of the merchandise in line with both WEEE & GPSR regulations and any other such regulations that come into force as part of UK or EU law. 3.2       Merchandise listings indicating those product(s) for auction via the website will contain the Argos Catalogue Number, a brief description of each item, the unit quantity, the catalogue selling price including VAT. The catalogue price information is provided as a guide for valuation purposes. The quantity figures are provided in good faith, but discrepancies may occur. 3.3       No statement made by any person as to the quality or condition of any merchandise on offer is to be relied upon for the purpose of making an offer to purchase. 3.4       All merchandise is sold on an "as seen" basis. It is the prerogative of a prospective purchaser to inspect the merchandise offered for sale. Argos will assume that such an inspection has been made by you. Arrangement to inspect must be made with the appropriate warehouse staff as indicated on the website. Inspection will be allowed on reasonable notice to assess the condition only. 3.5       By submitting a bid to purchase the product(s), you acknowledge and agree that you are not an agent of Argos and undertake following any purchase to remove any Argos markings, brand labels or other identification from the product(s) that identify them as Argos product(s) before submitting the product(s) for resale or otherwise passing to third parties. In particular, the Argos Catalogue Number and any other reference to Argos howsoever shall be removed/obliterated before re-sale and you will make no representation of or comparison with prices at which the product(s) have been or are being sold by Argos. 3.6       In the event that it is proven to Argos's reasonable satisfaction that product(s) sold to you under these terms and conditions have been re-sold by you or a third party without all references to Argos having been removed prior to such re-sale, then without prejudice to any other rights or remedies Argos may have, you shall be liable to Argos to the value of the jobbing parcel sold by Argos to you within which the product(s) where all references to Argos had not been removed comprised a part thereof. 4. Collection 4.1       All product(s) are subject to collection. All product(s) must be signed for by an adult aged 18 years or over on collection. 4.2       Risk of loss and damage of product(s) passes to you on the date when the products are collected. Title and ownership of product(s) will pass when full payment has been processed and received by Argos and the product(s) have been collected. 4.3       All stock is sold "ex-warehouse". Argos staff will provide assistance to load with fork-trucks only. Collection costs and arrangements are the responsibility of the buyer. Stock will usually be on pallets. You or your representative will be required to sign an acknowledgment of receipt as the stock is loaded. 4.4       You may collect the product(s) on Argos pallets. All pallets shall remain the property of Argos Distributors Limited. You will be required to sign for pallets received and return them to the warehouse within 21 days of collection or you will be invoiced for their value. 5. Payment 5.1       Payment in full is required to clear before any merchandise can be removed from an Argos warehouse. Payment should be made by:             (a)        Direct cash payments into company account; or             (b)        Bank Credit Transfer; or             (c)        Bankers draft. Please be advised payment by cheque is not accepted. 5.2       The price you pay is the bid price. If we discover an error in the reserve price of product(s) on the website and your bid is below the reserve price, we will inform you as soon as possible. In such circumstances, we will treat the bid as cancelled. If you have already paid for the product(s), you will receive a full refund. 5.3       All displayed prices exclude VAT and delivery charges (unless expressly stated otherwise). Please see the website for itemised details of applicable VAT and other charges). 6. Returns 6.1       No returns will be accepted and no credit will be allowed for previously undiscovered defects, discrepancies in description or in quoted quantities. This does not affect any statutory rights that you may have to the extent that such rights are not excluded or limited under these terms and conditions. 7. Intellectual Property 7.1       You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors. 7.2       You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content. 7.3       You are not permitted to use any Argos trademarks, logos or service marks whether registered or unregistered without Argos prior written consent. You may not frame or utilise framing techniques that include any Argos proprietary information such as images, text or page layout without Argos' prior written consent. 7.4       In relation to any information, materials or other content that you submit to us via this website, you grant us a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use and reproduce such information, ideas, know-how, concepts, techniques and materials for any purpose, including without limitation the copying, transmission, distribution and publication unless restricted by applicable law. 8. Liability and Indemnity 8.1       Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law. 8.2       Subject to Section 8.1 above, Argos will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website. Argos will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and Argos accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site. 8.3       Subject to Section 8.1 above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out at Section 6 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law. 8.4       Subject to Section 8.1 above, Argos will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with the terms and conditions for any economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or loss of goodwill or reputation; or consequential, special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions. 8.5       Notwithstanding the above, subject to Section 8.1 Argos' aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same cause. 8.6       Argos and you acknowledge and agree that unless expressly included in these terms and conditions the requirements of the Electronic Commerce (EC Directive) Regulations 2002 are excluded to the fullest extent permissible by law. 8.7       We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you. 8.8       You agree to fully indemnify, defend and hold us harmless immediately upon demand from and against all actions, liability, claims, losses, damages, costs and expenses (including legal fees) we incur arising directly or indirectly as a result of your breach of these terms and conditions. 9. Miscellaneous Provisions 9.1       To the extent permitted by applicable law, the contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract. 9.2       Unless otherwise stated, we have selected our products on the basis that they will be used for domestic use only. If you are planning to use them for business purposes, please make sure that you are covered by appropriate insurance. 9.3       Argos shall be under no liability for any delay or failure to perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control. 9.4       To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website, we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources. 9.5       You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by Argos. 9.6       Argos reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party. 9.7       If any portion of these terms and conditions is held by any competent authority to be invalid or   unenforceable in whole or in part, the validity or enforceability of the other sections of these         terms and conditions shall not be affected. 9.8       These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999) except: a) the Argos Retail Group (as defined below) shall have the right to enforce any rights or benefits under these terms and conditions; b) the Argos Retail Group shall have the right to enforce and take the benefit of the rights or benefits of any limitation or exclusion or limitation of liability in these terms and conditions; c) a person who is a permitted successor or assignee under Section 8.8 above of the rights or benefits of these terms and conditions may enforce such rights or benefits. d) No consent from the persons referred to in Section 8.9 is required for the parties to vary or rescind these terms and conditions (whether or not in any way that varies or extinguishes rights or benefits in favour of such third parties). 9.9       No delay or failure by Argos to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of Argos. 9.10     These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and Argos relating to the use of this website and sets forth the entire agreement and understanding between you and Argos for your use of this website This Argos Clearance Auctions website (provided by Argos Limited) is operated by Argos Limited, 489-499 Avebury Boulevard Central Milton Keynes MK9 2NW Registered Company Number 1081551 (Incorporated in England) VAT Number 145899025 Argos Limited ("Argos") a member of the Argos Retail Group ("the Group"). The Group also includes ARG Card Services Limited, ARG Personal Loans Limited, Homebase Limited and their associated companies. A full list of companies is available upon request from the Company Secretary, Argos Limited, 489-499 Avebury Boulevard, Central Milton Keynes MK9 2NW. We recommend that you print out a copy of these terms and conditions for your future reference. If you have any questions regarding this Argos Clearance Auctions website please see the Contact Us web page for more details.