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1.REGISTER
1.1 Browsing on the site is free and without any obligation other than agreeing to be bound by the indemnity which is contained in clause of the CONDITIONS OF PARTICIPATION. You should not browse the site unless you consent to be bound by the provisions of such indemnity but you may, however, browse the site without having registered. You may not conclude any transactions without registering with AucorActive (Proprietary) Limited ("AucorActive") by completing the necessary on-line registration form. This essentially means that if you elect not to register, you may not list an item for sale, nor bid on any item. Please remember to keep your password and alias confidential and secure. Should you forget your password, please go to "forgotten password" in the log-on section, where you will be able to re-establish what your password is.
2. HOW IT WORKS
2.1 AucorActive is strictly an on-line auction site where you may either enter items to be sold under various auction types or bid and buy. You may also wish to take banner advertising space.
2.2 In order to use any of the site's options you will first be required to register as a user. This is ABSOLUTELY FREE and, by your registration, you unconditionally and irrevocably consent to your use of this site (and all transactions concluded on it) being subject to the terms and conditions contained in the "CONDITIONS OF PARTICIPATION" section of this site.
2.3 Once you have registered all the options will be available to you - ENJOY!
Now let's talk about the options and how they work.
3.SELLER'S OPTIONS
3.1 Once you have registered, you may enter any item, as long as the advertisement or sale of such item is not offensive or illegal or otherwise in breach of any of the CONDITIONS OF PARTICIPATION. There are no other restrictions placed and you, as a prospective seller, you have the following options -
APG (Any Price Goes) Auction. Sellers who seriously intend to dispose of the item, regardless of the price, would use this option. It is the equivalent to "No reserve" and, should you select this option, you will be requested to fill in at what level the opening bid should be placed. In this case and as a word of advice, you should consider placing the opening bid as low as possible. Placing a high opening bid could scare bidders away. In any event it is the final price that counts and the more competitive bids that are made on your item, the better. IT IS IMPORTANT to note that you will be bound to sell (on the terms contained in the CONDITIONS OF PARTICIPATION) at whatever the highest bid is. Any item placed using this option will enjoy a cheaper rate for "listing" the item for auction;
(RP) (Reserve Price) Auction. This facility should be used when the seller has a definite price in mind and is not prepared to sell below this price. This price is known as a "reserve price". Once again, you are advised to keep the reserve price as low as possible, still bearing in mind that once the reserve price has been met, you are obliged to sell and tender delivery to the highest bidder over the reserve price. The selection of the reserve price is, however, entirely in your discretion;
STC (Subject To Confirmation) Auction. This is a nifty way of selling, especially when you are not quite sure of the value of the item - or you would still like to have the option to reject the highest offer if it is below a certain amount. In this instance, you must place a "Target Price" on the item, which is based on a value you would like to see placed on the item but, whatever the highest bid is, it will be e-mailed to you together with the bidding history so that you may assess the extent of the competitive bids made in relation to the item and thereby make an informed decision as to whether or not you are happy to accept any bid which is lower than your Target Price. This decision always remains with you until the Target Price has been met. Once the Target Price is met, you will be notified but we will not revert back to you for acceptance and the highest bid over the Target Price will, in this event, be the price at which you will have sold the item.
4. RISK-FREE SALE
4.1 As a seller you have the right, when listing the article for auction, to require either "Risk-free" payment or "Dicey" payment methods.
4.2 What does this mean? It DOES NOT mean that AucorActive will guarantee that the item gets sold or the quality/condition of the item- it means that if you elect the "Risk-free" option, the buyer will pay the full amount of his bid in to a trust account held by AucorActive. Only once the full amount of the purchase price has been paid into AucorActive's account, AucorActive will arrange delivery of the relevant item. Once AucorActive has received confirmation of the fact that payment has been effected into its trust account, delivery of the item will be made (see "DELIVERY").
4.3 After receipt of the item concerned, the buyer has seven working days within which to dispute the description of the item sold and it is, for this reason, essential that you give precise and accurate descriptions of any item offered for sale. If the buyer does dispute the description of the article sold, AucorActive will revert to the seller and assume the position of an arbitrator in an attempt to resolve the dispute. If the dispute cannot, in AucorActive's sole discretion, be resolved then the article will be returned to the seller at the seller's risk and cost. If in the sole discretion of AucorActive there has not been a misdescription of the item and the purchaser cancels the agreement with the seller, AucorActive will then revert to the next highest bidder and an agreement will automatically be concluded between the second highest bidder (as purchaser) and the seller. If the latter transaction is successfully concluded and the second highest bidder pays the amount of his bid to AucorActive, AucorActive will pay to the seller a sale price equivalent to the amount of the original highest bid, The deposit paid by the original highest bidder to AucorActive will then be utilised by AucorActive to "top up" the difference between the highest and the second highest bid. In such event the item concerned shall remain in the possession of the first buyer who shall retain the item on behalf of AucorActive, it being agreed that the item shall be subject to the auctioneer's lien. Should the second highest bidder also not pay or should he also cancel the transaction, then AucorActive may, at its own discretion and cost, collect the relevant item from the second highest bidder, re-submit the item for auction and e-mail all those bidders who originally bid on the item (excluding the highest bidder and the second highest bidder) and inform them that the item has been resubmitted. This will enable them to re-bid on the item. Even though the termination of an agreement by the purchaser is not AucorActive's fault, the remedies set out above will be given effect to FREE and at AucorActive's expense unless otherwise specified herein.
The option of using "Risk-free" is obviously going to be more costly - but then what is the value of peace of mind!
5. DICEY SALE
5.1 If the seller is prepared to accept all the risks (some of which have been pointed out above), he may select this option. Should the seller select this option then AucorActive will merely supply the seller with the name & e-mail address of the highest bidder and it will then be the responsibility of the seller and the highest bidder to negotiate with a view to concluding an agreement for the purchase and sale of the relevant item. In this instance, AucorActive simply "sells" to the seller the e-mail address of the highest bidder (the potential purchaser) once the amount is paid by the seller. Once payment for this commission is received, both the Seller & Buyer will receive each other's e-mail addresses as per our records. AucorActive assumes no responsibilities of validity of information recorded in our records and will have no liability other than providing the seller & buyer with each other's e-mail addresses. Even though this is a cheaper option, you may end up dealing with a total stranger thousands of kilometers away and the relative advantages and disadvantages of electing this method should therefore be considered prior to making your election as to which form of sale to request.
This option vests on the seller and the risk vests on both parties.
6. TERMS OF PAYMENT
6.1 All payments made to AucorActive in relation to the listing of entries, payment of purchase price, bidding deposits and the like must be made to AucorActive (Proprietary) Limited by depositing such amount into AucorActive's trust banking accounts. The user must select the account which AucorActive holds with the same bank with which the user banks. Failure to do so will invalidate the proposed transaction in question. The details of the respective bank accounts of AucorActive are as follows -
Bank Nedbank
Current Account: 1970 740 558
Branch: 1970 0591
Bank: Standard Bank - Rivonia
Current Account: 023 0066 17
Branch: 001255
Bank: First National Bank - Sandton
Current Account: 620 113 06752
Branch: 26-09-50
Bank: Absa Bank - Protea Park
Call Account: 404 9514 945
Branch: 535105
All such payments may be made by credit card, by EFT (electronic fund transfer - internet banking) or direct deposit and all such payments are, unless otherwise specifically stated, non-refundable.
7. CONDITIONS
7.1 General Conditions
7.1a These CONDITIONS OF PARTICIPATION regulate all of your activities relating to or associated with the use of the facility and, by registering on the site, listing an item for sale on the site or submitting a bid in respect of any item offered for sale on the site, you irrevocably and unconditionally agree to be bound by these CONDITIONS OF PARTICIPATION. These CONDITIONS OF PARTICIPATION regulate the agreement between purchasers and sellers of goods on the site as well as the agreement between yourself (as a user of the site) and AucorActive. There are no other terms or conditions applicable to the agreement between AucorActive and yourself other than those specifically set out herein.
7.1b All items offered for sale or in respect of which bids are submitted on the site are, naturally, subject to a certain element of "trust". These CONDITIONS OF PARTICIPATION impose certain obligations on both prospective sellers as well as prospective purchasers and thereby enable AucorActive to attempt to ensure that a spirit of "trust and good faith" at all times prevail when persons are utilising the facilities offered by AucorActive.
7.1c By clicking on the "I agree" icon, you accept the terms and conditions set out in these CONDITIONS OF PARTICIPATION and unreservedly agree to be bound by same.
7.1d We may amend these CONDITIONS OF PARTICIPATION at any time by posting the amended conditions on our site. Any amended conditions shall automatically become effective and binding upon yourself thirty days after the date on which they are initially posted on our site. Aside from the aforegoing, this agreement may not otherwise be amended except by agreement between the parties.
7.1e AucorActive is not a purchaser or seller of goods and simply acts as an intermediary between willing buyers and willing sellers in an attempt to facilitate the conclusion of a transaction between such persons. We do not, therefore, have any control over the quality, quantity, description, morality, functionality, characteristics or legality of any items advertised on this site, nor are we able to warrant or verify or even confirm the accuracy of the listings, the ability of sellers to sell items (legally or otherwise) or the ability of buyers to buy items (legally or otherwise). As previously mentioned, the use of this facility is based upon fundamental principles of trust and good faith and, whilst all persons entering into transactions, listing items for sale or bidding for such items are required to give certain warranties relating to the items listed, their ability to pay, the legality of the transaction and otherwise, AucorActive does not provide any warranty that the information provided by prospective purchaser(s) or seller(s) is factually or legally correct. We are simply in a position to prescribe minimum guidelines which must be complied with by persons wishing to purchase or sell items on this site and we cannot, therefore, accept any responsibility for any loss or damage which you may suffer as a result of your use of this site (otherwise than as specifically set out on the site).
7.1f You will, naturally, realise that it is impossible for AucorActive to verify the identity of the persons contracting on this site and AucorActive cannot (and does not), therefore, give any guarantee that prospective sellers or purchasers are who they purport to be. If you have any concerns about any person or article with whom you intend transacting or to or from whom you intend purchasing or selling items, you should err on the side of caution.
7.1g For practical and legal reasons, we cannot nor do we try to control or verify the information provided by prospective purchasers or sellers and which is made available through this site. Human nature dictates that such information may be false, inaccurate, immoral, offensive, deceptive or blatantly untrue and it is, therefore, imperative that you exercise caution and common sense when utilising this site. In this regard, we once again urge you to err on the side of caution.
7.1h This site and all transactions concluded on it are subject to the laws of the Republic of South Africa and you hereby agree to be subject to and bound by such laws. If you are uncertain as to whether or not any act may be in conflict with any laws which may impact upon any transaction or the laws applicable in the Republic of South Africa, it is essential that you clarify this issue and obtain the necessary advice prior to proceeding with such course of action.
7.1i Neither AucorActive nor its holding company or any of its directors and/or employees shall be responsible for any loss or damage of any nature whatsoever which you may suffer or incur, or for any claim which may be brought against you by a third party, arising either directly or indirectly out of your use of this site. In this regard, you hereby indemnify and hold AucorActive and its holding company, as well as their employees and directors, harmless against any and all loss, damage, claims or injury which you may suffer (or which may be incurred by or brought against you) arising out of your use of this site or your reliance upon any information provided by third parties on this site. All warranties or implied warranties of title, merchantability, fitness for a particular purpose, functionality or non-infringement are hereby specifically disclaimed by AucorActive, to the extent permissible by law. In no event shall AucorActive or its holding company (and/or their directors or employees) be liable for lost profits or for any special, incidental or consequential damages (howsoever arising, including negligence) arising out of, pursuant to or in connection with your use of this site. The entire liability of AucorActive, its holding company and their directors and/or employees is limited to the greater of the aggregate of fees which you paid to us in the six months prior to the action giving rise to liability or R100, whichever of the two amounts is the lesser.
7.1j Nothing contained in these CONDITIONS OF PARTICIPATION or any other information contained on this site will be deemed or interpreted in such a manner as to deem the creation of any agency, partnership, joint venture, employee, employer or other legal relationship between AucorActive and yourself.
7.2 Warranties provided by persons who offer or advertise goods or services for sale on this site ("sellers")
7.2a All sellers hereby warrant that they will, at all times and in all dealings with AucorActive, other sellers and prospective purchasers, act honestly and in the utmost good faith.
7.2b Each seller hereby warrants to and in favour of both AucorActive as well as every other seller, prospective seller, purchaser and prospective purchaser that -
he has the necessary legal capacity to enter into legally and commercially binding transactions, including transactions of purchase and sale;
the description of the item provided on this site is true and accurate in all respects and is in no way misleading or intended to deceive;
his advertisement of any item on this site will not be in conflict with any law applicable to him or this site and will in all respects constitute a legal offer to dispose of the item;
he will comply with all applicable laws, statutes, regulations, proclamations and ordinances relating to the use of this site and the advertisement of items for sale on this site;
the advertisement or sale of the item on the site will not infringe the intellectual property rights of any third party;
no information or documentation relating to items advertised or sold on this site will constitute an invasion of the privacy of a third party or give rise to a claim for libel, defamation, disparagement or any similar claim or otherwise violate the rights of any third party;
he will, at all times, comply with all import and export laws and regulations relating to the importation or exportation of any items sold or advertised for sale on this site;
he has the necessary legal title, legal capacity and right to advertise the item for sale and conclude a valid and binding agreement for the sale of the item;
in the event of his selecting the APG, RP or STC option, he will comply with the terms and conditions applicable to same, as the case may be as set out on this site;
he will deliver any item which he is legally obliged to deliver to any purchaser on the terms and subject to the conditions set out in these CONDITIONS OF PARTICIPATION; and
he shall have no action against AucorActive or its holding company or the directors of AucorActive arising either directly or indirectly out of the use of the site or transactions concluded pursuant to the use of this site;
7.3 Warranties provided by persons who purchase or offer to purchase goods or services offered by sellers on this site ("purchasers")
7.3a All purchasers hereby warrant that they will, at all times and in all dealings with AucorActive, other purchasers and sellers, act honestly and in the utmost good faith;
7.3b Each purchaser hereby warrants to and in favour of both AucorActive as well as every other purchaser, prospective purchaser, seller or prospective seller that -
he has the necessary legal capacity to enter into legally and commercially binding transactions, including transactions of purchase and sales;
all information provided in relation to the transactions contemplated on this site will be true and accurate in all respects;
his offer to purchase any item on the site will not be in conflict with any law applicable to him or the site and will in all respects constitute a legal offer to purchase the item in question;
he will comply with all applicable laws, statutes, regulations, proclamations and ordinances relating to the use of this site;
he will, at all times, comply with all import and export laws and regulations relating to the importation or exportation of any item purchased on this site;
in the event of his offering to purchase any item advertised in terms of a "any price goes" auction, "reserve price auction" or "subject to confirmation" auction, he will comply with and be bound by the terms and conditions applicable to same, as the case may be, as set out on this site;
he will accept delivery of any item which he is legally obliged to accept delivery of on the terms and subject to the conditions set out in these CONDITIONS OF PARTICIPATION; and
he shall have no action against AucorActive or its holding company or the directors or staff of AucorActive arising either directly or indirectly out of the use of this site or transactions concluded pursuant to the use of this site.
7.4 If and when import duties are payable, the purchaser is responsible for payment of such duties, as well as providing the necessary import permit.
8. DELIVERY
8.1 The goods, which stand to be auctioned by the seller, will remain in the possession of the seller until such time as a sale is concluded in terms of these CONDITIONS OF PARTICIPATION. Such goods will not be delivered to the premises of AucorActive unless otherwise agreed.
8.2 After full payment has been received from the purchaser, AucorActive shall arrange for the goods to be shipped from the address where they are kept (in accordance with the information provided by the seller), to the address of the purchaser's choice, within such period as may have been elected by the purchaser after full payment has been received from the purchaser. The purchaser must supply AucorActive with the address of delivery, the time within which delivery is to be effected, etc.
8.3 Delivery shall, by agreement between the parties, be effected by a shipper nominated by AucorActive, who shall be appointed by AucorActive acting on behalf of the purchaser.
8.4 All costs incurred in procuring delivery of the goods, as well as the appointment of the shipper for this purpose, shall be borne by the purchaser. AucorActive shall defray such costs, on behalf of the purchaser by utilising the funds deposited by the purchaser with AucorActive's bankers in terms of these CONDITIONS OF PARTICIPATION.
8.5 The risk of deterioration, destruction and damage to or of the goods shall be borne by the purchaser from the time that the goods are handed over to the shipper by or on behalf of the seller.
8.6 PLEASE NOTE that items will not be insured whilst in transit. Clients are to obtain their own insurance. Neither Dawn Wing nor Aucor will be held liable for any damages/loss whatsoever, even though all care has been taken.
8.7 The purchaser hereby irrevocably authorises AucorActive to act as its representative in procuring the delivery of the goods, and the appointment of the shipper.
8.8 It is agreed that neither AucorActive nor the shipper shall have any duty in regard to the packaging of the goods. All goods will be transported and delivered in the format and the packaging (if any) as described by the seller in the description of the goods.
8.9 AucorActive shall not be liable in respect of any incorrect delivery, delivery to an incorrect address, late delivery or delivery of only part of the goods.
8.10 No shipment of any goods shall be effected unless the aggregate amount of the full purchase price, shipping charges and VAT shall have been deposited with AucorActive's bankers as provided for in these CONDITIONS OF PARTICIPATION.
8.11 A courier surcharge will be deducted from the seller's settlement, should courier charges be more than what the buyer paid, due to incorrect dimensions and/or weight entered by the seller.
9. DEFECTS
9.1 The purchaser shall be entitled to reject the goods if the goods do not match the description furnished by the seller. In the event of the goods having defects which are patent and which were omitted from the seller's description of the goods, the purchaser shall similarly be entitled to reject the same. If there are latent defects in the goods which manifest after expiration of the seven-day inspection period referred to above, the purchaser shall have the ordinary remedies at common law as against the seller. The purchaser shall, however, under no circumstances have any right of recourse against AucorActive.
10. OWNERSHIP
10.1 Ownership in the goods shall pass to the purchaser upon conclusion of the auction, provided that the purchaser shall not be entitled to claim delivery of the goods until he has paid all amounts referred to in clause 11 below, to AucorActive.
11. PURCHASE PRICE
11.1 In order to be entitled to bid for any goods auctioned on the site, every prospective purchaser shall make payment of an amount equal to 10% of every intended bid to AucorActive by depositing the same with AucorActive's bankers, in accordance with the provisions of clause 6.
11.2 In the event of any sale being declared final by AucorActive in terms of these CONDITIONS OF PARTICIPATION, the purchaser must make payment of the balance of the purchase price of the goods as well as Value-Added Tax ("VAT") and all shipment charges to AucorActive's bankers within 96 hours of the sale being concluded.
11.3 Shipment charges in respect of the goods shall be defrayed by AucorActive on behalf of the purchaser from the proceeds of the amount deposited by the purchaser with AucorActive's bankers.
11.4 Upon receipt of notification by the purchaser that he accepts the goods, AucorActive shall proceed to effect payment of the purchase price less AucorActive's commission, to the seller.
12. WITHDRAWAL OF A BID
12.1 A prospective purchaser shall not be entitled to withdraw any bid and all bids shall be regarded as being irrevocable, provided however that AucorActive shall be entitled to disregard any bid if confirmation of receipt of the accompanying 10% deposit is not obtained by AucorActive timeously or at all.
13. WITHDRAWAL OR CLOSING OF AN AUCTION
13.1 AucorActive reserves the right to withdraw any item at any time without being obligated to give any reasons therefore.
14. INSERTION FEES
14.1 To upload and item is free, with a maximum of two categories. R10 per category thereafter will be charged.
15. COMMISSION
15.1 The following commissions shall be payable to AucorActive by the seller in respect of all sales concluded by auction on this site, depending on the monetary value of the purchase price, whether the sale is a "Risk-free" sale or a "Dicey" sale and whether the sale was subject to confirmation -
***Loading an item is free for up to 3 catergories, thereafter a charge for R10 per category will apply.****
| MULTI CATEGORY LISTING / NO. OF CATEGORIES |
R10.00 per category |
| R0.00 - R 499.99 |
15% |
7.5% |
PLUS 3% |
| R500.00 - R4 999.99 |
11% |
5.5% |
PLUS 3% |
| R5 000.00 AND OVER |
8% |
4% |
PLUS 3% |
Commissions are only payable on the realization of an auction.
PLEASE NOTE THAT COMMISSION EXCLUDES VAT.
The seller agrees that commission calculated as aforesaid be deducted from the purchase price and be retained by AucorActive
16. DURATION OF AUCTION
16.1 The seller, subject to the approval of AucorActive, shall determine the end date of every auction. Once the auction has been uploaded, the end date may not be altered for any reason, save for the functunality of ***last call bid.
***see last call
16.2 All auctions will expire within the stipulated period nearest to the hour of submitting the item concerned for sale.
17. BIDDING PROCESS
17.1 Only a registered user may bid.
17.2 If a prospective seller selects a "Risk-free" sale option, access to bid is verified by balance of AucorActive account. The bidder must decide how much he must pay an amount equal to 10% thereof as a deposit into AucorActive's trust banking account, which will be refundable, once at least two bids above his bid have been received. These terms and conditions will be outlined clearly during the bidding process, a copy of which will be made available to the prospective seller on registration.
17.3 A user may choose to lodge a deposit via credit card, direct deposit or EFT (Electronic Funds Transfer / Internet Banking). Should he choose credit card he will be directed back to the auction on which he was bidding. If he chooses another method, he will have to place the bid again when there is acknowledgment of receipt from AucorActive's database. AucorActive will not hold the bids and confirm them at a later stage.
17.4 Bidding takes place over a period of time displaying leading bids on the site. Every auction will display a bid history of all the winning bids on the site, which includes the winning price, bidder's alias and quantity (if required), and the date and time.
17.5 Each bid is verified for funds in AucorActive account. Once a leading bidder is outbid he will receive an e-mail saying that he has been outbid with links to "make a higher bid" which will take him to the correct page on the site to do so.
17.6 Should the item be sold on a "Risk-free" basis, then the system will always hold good the two highest bids. If the highest winning bidder does not pay within 96 hours, then the sale will be concluded with the second highest winning bidder. However, in this case the seller will be paid as if sold at the highest price, and the highest bidder forfeiting his deposit will account for the difference between the highest price and the second highest price as provided for above.
17.7 Items will be added to the "going" section forty-eight hours before close of the auction, although they will still remain in their respective categories. At that point bid increments will halve.
17.8 Items will be escalated to the "going, going" section twenty-four hours before close. At that stage bidding increments will halve again.
17.9 All e-mails will be sent from "GAVELDUDE" - see the accompanying specifications on the site for details.
17.10 Auctions receiving a certain amount of bids will automatically move to the "Hot Items" category and remain in their respective categories with an added image indicating their status.
17.11 On close of auction all items will be moved to a "gone" category. This will be displayed on the home page as text. The "gone" category will display all won auctions (but will not include non-successful auctions). An auction is deemed to be successful when the buyer has paid for the item.
18. OTHER DIRECTIVES AND INFORMATION
18.1 All other directives, instructions, specifications, procedures and the like which are contained on this site from time to time in regard to the procedures to be followed, information to be furnished etc, are hereby incorporated into these CONDITIONS OF PARTICIPATION by reference provided that, in the event of any ambiguity or contradiction, the provisions contained in this section shall prevail.
Copyright, WERKSMANS ATTORNEYS.
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