Terms and Conditions

Terms and conditions

General

These Terms and Conditions (Terms) set out the conditions applicable to your use of the services at http://www.sportbilia.com provided and owned by Sportbilia Limited ("Sportbilia", "site", "we", "us" or "our"), Registered Office, First Floor, 4 Princes Street, Huntingdon, Cambridgeshire, PE29 3PA, United Kingdom.

As part of the registration process you must read, agree with and accept all of the conditions contained in these Terms before you may become a user of Sportbilia.

We may amend these Terms at any time by giving you notice by either e-mail or by posting the amended Terms on the Site. Any amended Terms will govern new user registrations from the date that it is posted on the Site. Existing users will be bound by the amended Terms after the expiry of 30 days following the date of a Notice.

These Terms are effective on 1 May 2007.

User eligibility

Our services are not available to, and may not be used by, anyone under 18 years of age. 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. The site is also only available to those who are legally able to form binding contracts with, for example, the seller or buyer of auction items. If you are registering as a business entity, you represent that you have the authority to bind that entity to these Terms.

If you do not qualify, please do not use our services.

Username

You must choose a Username and password as part of your registration. You are responsible for all actions taken under that Username and password and shall only use or utilise the site using your own Username 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 Username to any other person. You shall also not permit, either directly or indirectly, any other person to utilise your Username or password.

Sportbilia is only a venue

Sportbilia is not an auctioneer. The Site acts as a venue which allows registered users to offer, sell, buy and swap items of sports memorabilia. We do not have control over the items of sports memorabilia that are listed on the site, and cannot guarantee 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 pay for items. We are not responsible for the actions users take before, during, and after any transaction undertaken on the site.

Please do not assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is listed on the Site. We are not responsible for ensuring that buyers and sellers actually complete a transaction. You accept sole responsibility for the legality of your actions under laws applying to you.

Prohibited items

You must not offer, sell, bid for, or buy any items which we do not permit on the Site. Only items of sporting memorabilia are allowed, as described in the list of Prohibited Items. We do not accept any obligation to protect you from unsafe items listed for sale on our Site. Please do not assume that items listed will be harmless to people or property.

Verification of users

We use techniques to verify the accuracy of the information our users provide to us when they register on the Site. However, because user verification on the internet is difficult, Sportbilia cannot and does not confirm the purported identity of users or the validity of the information which users post to the Site. Our User feedback rating system will help you to evaluate the user with whom you are dealing. We encourage you to communicate with users using the tools available on the Site.

Liability

This Site assumes no liability for the content of any listings. 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 Sportbilia 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.

This Site shall not be responsible for any items sold, for any damage to items during transit or during inspection following receipt of the item, nor for misrepresentations and/or breaches of contract by any user.

Information control

We do not control the information provided by other users which is made available through the Site. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. You must 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.

All statements, whether in the forum, an auction or Market Place listing or elsewhere on the site are owned by whomever they were written by. Sportbilia does not condone nor claim responsibility for any statements made by Users.

Please note that there are also risks of dealing with underage persons or people acting under false pretences. By using this Site, you agree to accept such risks and agree that Sportbilia is not responsible for the acts or omissions of users on the Site.

Bidding and buying

As a buyer, you have a legal obligation to complete a transaction with a seller either if you purchase an item of memorabilia at a fixed price; or if you are the highest bidder at the end of an auction 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. Placing a bid on this site and winning then not paying for your item is illegal and can result in criminal proceedings.

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 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 descriptions

If you are a seller, you must ensure that you are legally able to sell, swap or offer each item included in a listing on the Site, and that it is lawful to sell such item to UK residents or (if the buyer is resident overseas) that it is lawful to sell and export such an item to a person resident in the buyer's jurisdiction. We are not responsible for verifying a seller's right to list and sell items. 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 listings must continue for the duration of the auction and, end early sales are not permitted.

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 the buyer fails to meet the conditions of the seller's listing (such as payment method) or 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.

Conduct

You must not manipulate the price of any item or interfere with other user's listing(s). You must not:

• bid in a listing where you are the seller;
• procure or encourage any person to bid in a listing where you are the seller on your behalf;
• contact bidders in a listing where items are listed for sale in order to offer similar items to the bidders in that listing;
• make bids or make any payment using a false Username;
• cancel a listing to sell to a bidder thereby attempting to avoid Site fees;
• use Ask the Seller to offer to trade on a listed item outside the Site;
• offer to sell to a bidder in a Reserve Not Met listing; and
• Offer to sell duplicate or additional items to underbidders.

Fees

Joining
Joining Sportbilia and bidding on items is free, although you will remain responsible for the costs of accessing our Site and communicating with our users.

Selling
We charge a Sellers Fee 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. 

Buying
We charge a Buyers Fee on items bought either in the auction or for a fixed price. 

Our fees are described on our Fees Page which forms part of these Terms. All fees are payable in GB Pounds sterling. Sellers will be responsible for paying both the Sellers and Buyers fees to Sportbilia. You agree that we may issue you with invoices in electronic format by email.

Your information

We define "Your Information" as any information you provide to us or other users in relation to the Sportbilia 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. 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 or indecent;
• create liability for us or cause us to lose (in whole or in part) the services of our Internet Service Provider or other suppliers;
• link directly or indirectly to or include descriptions of goods or services that: (a) are prohibited under these Terms; (b) are identical to other items you have up for sale but are priced lower than your item's reserve or minimum bid amount; (c) are concurrently listed for sale on a website other than Sportbilia; or (d) 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.

Access and interference

You agree that you will not:

• take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
• copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for personal information contained in My Sportbilia) from the Site without the prior expressed written permission of Sportbilia and the appropriate third party, as applicable; and
• interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;

Your use of other users' information

As a user listing items on the site you have access to the Username, email address and other contact information of the buyer, winning bidder, user offering swap or supplying a wanted item. As a user buying, being the winning bidder, offering a swap or offering a wanted item you have access to the Username, email address and other contact information of the user listing the item.

1. Communications that are not unsolicited commercial messages and relate to your genuine participation in an Sportbilia facilitated transaction;

2. Any other purpose that such user expressly agrees to after adequate disclosure of the purpose(s); and

3. Under no circumstances, except as defined in this Section, can you disclose personally identifiable information about another user to any third party without the consent of such other user after adequate disclosure.

No warranty

We 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 Site 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

Limitation of our liability

Our liability to you or any third party is limited to the greater of (a) the total fees you have paid to us in relation to the listing or other service offered giving rise to liability, and (b) £100.

Indemnity

You agree to indemnify and hold us 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, or your violation of any law or the rights of a third party.

Governing law and legal compliance

These Terms 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.

You are solely responsible for the contents of your actions through this Site. You must ensure that your participation in the buying or selling of items does not violate any applicable laws or regulations.

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase and solicitation of offers to purchase and sale of items.

There is no practical way for us to continually monitor the laws of every country, or each user transaction. Please do not assume that you are allowed to do what other users do, or that we are approving or validating any transaction, even if you have successfully made similar sales or purchases in the past.

Third Party Rights

A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms 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.

Rights to suspend or terminate

You agree that Sportbilia, in its own discretion, may suspend any listing or the use of the service immediately and without notice if:

1. You have not paid your Sportbilia fees within the time scale required; 

2. You are not abiding by the general philosophy of the Site;

3. You have broken any of these Terms; or

4. If, despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us

General

You and Sportbilia are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms. These Terms sets forth the entire understanding and agreement between us with respect to its subject matter. These Terms will prevail over any conditions of sale imposed by a user of the Site.

Contact us

We can be contacted at.