eAuction Terms & Conditions
Everton eAuction Terms and Conditions
Welcome to the terms and conditions for the Everton Football Club (“Everton”) eAuction (the “Everton eAuction”). The services available at www.evertonfc.com/auction are provided by Everton Football Club located at Goodison Park, Liverpool, L4 4EL company number 0036624
You must read, agree with and accept all of the eAuction Terms and Conditions, which includes those terms and conditions expressly set out below and those incorporated by reference, before you may become a user of the Site.
We strongly recommend that, as you read the eAuction Terms and Conditions, you also access and read the information contained in the other pages and websites referred to in this document, as they contain further terms and conditions that apply to you as an Everton eAuction user.
We may amend the Terms and Conditions at any time by giving you notice ("Notice") by either e-mail or by posting the amended eAuction Terms and Conditions on the Site. Any amended eAuction 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 eAuction Terms and Conditions after the expiry of 30 days following the date of Notice.
If you have any further questions about the eAuction Terms and Conditions, please contact firstname.lastname@example.org.
Your Everton eAuction Account
- To use Everton eAuction you must register a username and password to set up an Everton eAuction account (“Account”) at www.evertonfc.com. You shall be responsible for all actions conducted in that Account and shall only use or utilise the Site using your own Account. You must use every effort to keep your password safe and should not disclose it to any other person.
- Everton eAuction is not available to any persons under the age of 18, or to temporarily or indefinitely suspended Everton eAuction members. If you are registering as a business entity, you represent that you have authority to bind that entity to the eAuction Terms and Conditions.
- Any successful bidder who refuses to pay, any hoax bidders, or any person who is in breach of the eAuction Terms and Conditions, who is identified, will be banned from using the Everton eAuction service.
- Without limiting any other remedies, we may suspend or terminate your Account if we suspect that you are 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.
- Bidders warrant that they shall not use their Account to;
a. receive, access or transmit any content which is obscene, pornographic, threatening, racist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property right (including, without limit, copyright) or otherwise objectionable or unlawful; or
b. knowingly or recklessly transmit any content (including, without limit, viruses) through the Site which shall cause, or be likely to cause, detriment or harm, in any degree, to computer systems owned by Everton or others; or
c. hack into, make excessive traffic demands on or cause any impairment of the functions of any computer system, deliver or forward chain letters, "junk mail" of any kind, surveys, contests, pyramid schemes or otherwise engage in any behaviour intended to inhibit others from using Everton eAuction or using the Site or any other website, or which is otherwise likely to damage the reputation or business of Everton or of any third party.
- Without limiting our other remedies, we may limit your activity on the Site, immediately issue a warning, suspend or terminate your Account and refuse to provide services to you without notice if;
a. you are in breach of the eAuction Terms and Conditions or the documents incorporated by reference; or
b. despite our reasonable endeavours we are unable to authenticate any information you provide us; or
c. we believe that your actions may cause us financial loss or legal liability; or.
d. for repair or maintenance work or in order to upgrade or update the Site and Account system; or
e. Everton ceases to operate eAuction, the provision of Accounts or any part of eAuction for any reason whatsoever; or
f. for any other reason at Everton’s sole discretion.
As a buyer, you have a legal obligation to complete the transaction with the Site, providing debit or credit card details. (these will be requested through a secure email and details should be provided by return secure email):
a. if you purchase an item through one of our fixed price formats; or
b. if you are confirmed as 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 bidding on an item you agree to be bound by the conditions of sale included in the items description. Bids are only retractable in exceptional circumstances as determined solely by Everton. As a buyer, you must ensure that you are legally able to bid for and buy any items that you bid for.
Once a bid is closed the successful bidder will be notified via confirmation email, payment will be taken immediately from the successful bidders debit or credit card.
- Everton eAuction is able to dispatch items (up to 1kg) via Royal Mail to destinations in the UK. In such instances Everton eAuction shall be responsible for such postage costs. Alternatively items can be picked up at the Goodison Park Megastore Goodison Park, Liverpool, L4 4EL] (suitable identification will be required before any item will be released.)
- From time to time items will be purchased via the Site that will require dispatch to destinations outside of the UK or for some reason (e.g. if item is over 1kg and it is not possible to collect the item) the item requires dispatch via a courier. In such instances Everton eAuction shall not be responsible for any of the subsequent postage costs and any such costs shall be borne solely by the successful bidder. In any instance where a courier is necessary Everton eAuction will liase with the successful bidder to organise collection of their item from Goodison Park. All courier arrangements including payment should be made by the successful bidder.
- Under no circumstances shall Everton eAuction be liable for any damage caused to any item during transit. The successful bidder has the item dispatched at their own risk.
- Please be aware that unless stated otherwise, goods shall be dispatched within 28 days of winning bid confirmation and payment received by Everton in full.
- Everton eAuction will provide a certificate of authenticity for an item where such is required.
Limitations to Liability
- Everton eAuction will not be responsible for any potential decrease in sell on-value.
- Subject to clause 14, anyone who decides takes part in Everton eAuction does so at their own risk and Everton Football Club shall have no liability to the successful bidder.
- 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 our control. Our website and or services are provided "as is" and as 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.
- Nothing in the eAuction Terms and Conditions shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence. Subject to the foregoing we will not be liable for any economic losses (including, without limitation, loss of revenue, profit, 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 the eAuction Terms and Conditions. We shall have no liability for the acts or omissions of other providers of telecommunications services for faults or failures of their networks or equipment.
- Unless otherwise explicitly stated, notices to Everton eAuction must be sent by registered mail to Everton eAuction Site, Everton Football Club, Goodison Park, Liverpool, L4 4EL England.
- The eAuction Terms and Conditions shall be governed by and construed in accordance with English law and subject to the exclusive jurisdiction of the English courts.
- A person who is not party to the eAuction Terms and Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 (as amended) to enforce any term of the eAuctionTerms and Conditions.
- Our liability to you or to any third party and the liability of our officers, directors, agents and employees in any circumstances is limited to the lesser of the value of (a) the item purchased by you on this Site or (b) £100-
- You agree to indemnify us and hold us harmless for any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of the eAuction Terms and Conditions (including the documents incorporated by reference) or your violation of any law or the rights of a third party.