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Terms & Conditions

CLASSIFIED ADS TERMS AND CONDITIONS

Access to the Website is subject to the following terms and conditions. Please take the time to read through these before continuing to use the Website.

On accessing the Website on this and on each subsequent occasion you will be deemed to have accepted all of the terms and conditions that apply to its use and to the facilities and services provided by it. We reserve the right to alter these terms and conditions at any time and it is your obligation to check if changes have been made. Your use of the Website after changes are posted on-line shall constitute acceptance of the new terms and conditions.

In these terms and conditions:

"we/us/our" means Farmkit Limited trading as farmkit.com; "Website" means the Farmkit Limited Website; "you"/"your" means the user of the Website.

1. Access to Website

Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our Website, or our entire Website, to users who have registered with us.

2. Content

In consideration of our agreeing to permit you to use the Website to search our database of machinery, you agree that you will only use, reproduce and print materials comprising the results of such searches for your own personal, non-commercial purposes. In particular, you must not use the contact details provided by private advertisers of machinery to contact such advertisers other than in connection with a genuine enquiry relating to the purchase by you of the vehicle in question.

The pages contained in the Website may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We accept no responsibility for keeping the information in these pages up to date or liability for any failure to do so.

The information contained in the material in the Website is only for information purposes. The material on the Website does not constitute advice and you should not rely on any material on the Website to make (or refrain from making) any decision or take (or refrain from taking) any action.

The Website contains material submitted and created by private and trade dealers and other third parties. We exclude all liability for any illegality arising from or error, omission or inaccuracy in such material.

We give no warranties, conditions, guarantees or representations, express or implied, as to:-

(a) the completeness or accuracy of the advice and information contained on the Website or any website to which it is linked;

(b) the content of the advertisements for machinery included in our database, including but not limited to the ownership, quality, authenticity of any photographs, compliance with description or fitness for purpose of any such machinery;

(c) the completeness of the results of any search of our database or that the machinery selected by the search are the only machinery on our database which might meet the searcher's requirements.

3. Copyright and trade marks

All rights, including copyright, in the content of these web pages and in the photographs of any vehicles displayed on the Website from time to time and all database rights in our database of vehicles, are owned or controlled for these purposes by us.

All trade marks, names, and logos are the proprietary marks of us or of our associated companies. Marks identifying third parties are owned or licensed by those third parties or their associated companies. Nothing in these terms and conditions in any way confers on you any licence or right under any trade marks, names or logos.

Except as expressly permitted by these terms and conditions, you may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract or re-utilise any of the contents of the Website. In particular, you must not cache any of the contents for access by third parties nor mirror or frame any of the content of the Website nor incorporate it into another website without our express written permission.

4. Liability

The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

- All conditions, warranties and other terms which might otherwise be implied by statute.

- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it, including without limitation any liability for:

loss of income or revenue;

loss of business;

loss of profits or contracts;

loss of anticipated savings;

loss of data

loss of goodwill;

wasted management or office time; and

for any other loss or damage of any kind, howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

We will need to carry out routine maintenance and servicing of our servers and equipment from time to time. While we will seek to keep disruption to a minimum we cannot guarantee that the Website will be continuously available on-line. We therefore provide the Website on an "as is" and "as available" basis.

We make no warranty that the Website (or websites which are linked to the Website) is free from computer viruses or any other malicious or impairing computer programs. It is your responsibility to ensure that you use appropriate virus checking software.

We are not liable for any failure to perform any of our obligations under these terms and conditions caused by matters beyond our reasonable control.

5. Links to non-Farmkit Ltd sites

The Website contains hypertext links to websites that are not operated by us or by our associated companies. We do not control such websites and are not responsible for their content. Our inclusion of hypertext links to such websites does not imply any endorsement of the material contained on the websites or of the owners.

6. Links to the Website

You may establish a hypertext link to the home page of the Website, but not otherwise, without the need for our written consent, provided there is thereby no implied endorsement or sponsorship of you, your company or your website by us.

7. Registration details

To gain access to certain services on the Website you will need to register (free of charge). As part of the registration process, you will be given a username and password. You agree that the information supplied with your registration will be truthful, accurate and complete. You also agree that you will not attempt to register in the name of any other individual nor will you adopt any username with we deem to be offensive. All personal information supplied by you as part of the registration process will be protected and used in accordance with the terms of our Privacy Policy.

8. General

We reserve the right to assign or subcontract any or all of our rights and obligations under these terms and conditions to a third party. If we exercise this right, we shall name the assignee or subcontractor on the Website and you will be entitled to terminate the account within 5 working days. You may not without our prior written consent assign or dispose of any rights or obligations arising under these terms and conditions.

These terms and conditions of access together with our privacy policy contain the entire agreement and understanding between the parties relating to the Website, and supersede any and all prior agreements, arrangements, statements and understandings, except for any fraud or fraudulent representation by either party. We exclude all representations and warranties relating to access to use of the Website, whether they are statutory or otherwise, as far as is possible by law.

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to take notice of any changes we made, as they are biding on you. Some provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our Website.

If any of these terms and conditions shall be held to be invalid or unenforceable, it shall not affect the enforceability of any of the remaining provisions.

These terms and conditions shall be governed by and in accordance with English law and subject to the exclusive jurisdiction of the English Courts.

If you do not agree to obey these terms and conditions you must stop using the Website immediately.

9. Correspondence

All correspondence relating to the Website should be sent to:

Farmkit Ltd

South Oaks Farm

Beeley

Derbyshire

DE4 2NR

Registered office: Farmkit Ltd, South Oaks Farm, Beeley, Derbyshire, DE4 2NR

Registered in England with company number .

VAT number: 138915879

ONLINE AUCTION TERMS AND CONDITIONS FOR BUYERS

This page, together with Website Terms of Use and the Privacy Policy (the Conditions), set out the terms and conditions on which you may make use of, and bid for items listed on, www.farmkit.com (the Website). Please read these Conditions carefully before bidding for any items on the Website. You should understand that by bidding for any items on the Website, you agree to be bound by these Conditions.

  1. COMPANY INFORMATION

    The Website is operated by Farmkit Limited (Farmkit). Farmkit is registered in England and Wales under company number 7982066 with its registered office at South Oaks Farm, Beeley, Matlock, DE4 2NR.

  2. DEFINITIONS AND INTERPRETATION
    1. In these Conditions:

      Auction means an offer for sale of a Lot which runs for the Auction Period;

      Auction Period means in relation to a Lot the period from Tuesday at midday to 7p.m. on the following Monday;

      Bid means an offer to purchase a Lot (and Bidding will be construed accordingly);

      Bidder means a user of the Website who places a Bid;

      Buyer means the winning Bidder of the Auction;

      Lot means the item(s) offered for sale by a Seller in a single Auction on the Website;

      Registration means creating an account on the Farmkit.com website.

      Reserve Price means an undisclosed minimum selling price for the Lot; and

      Seller means the person who is offering a Lot for sale in an Auction on the Website;

      Services means the services to be provided by Farmkit as set out in Condition 4.

    2. In these Conditions:
      1. headings are included for convenience only and shall not affect the construction or interpretation of these Conditions;
      2. references to a “Condition” is to a Condition in these Conditions;
      3. references to "include", "includes", "including" and "included" shall be construed without limitation;
      4. references to “working day” shall mean every day other than Saturdays, Sundays and bank holidays in England;
      5. references to a “party” shall mean either you or Farmkit as the context requires and reference to “parties” shall mean both of them;
      6. words importing the singular meaning shall include the plural meaning and vice versa and words denoting the masculine gender shall include the feminine and neuter genders; and
      7. where the context so admits, words denoting persons shall include natural persons, companies, corporations, firms, partnerships, limited liability partnerships, joint ventures, trusts, voluntary associations and other incorporated and/or unincorporated bodies or other entities (in each case, whether or not having separate legal personality) and all such words shall be construed interchangeably in that manner.
  3. REGISTRATION
    1. You must be a registered bidder to place a bid on an Auction on this Website.
    2. By registering as a user of this Website (also referred to as creating and account) you agree that you are bound by these Conditions. Farmkit reserves the absolute right to refuse to accept any application for registration at its sole discretion.
    3. To register (create and account) you must be 18 years old or over and have authority and capacity to make bids.
    4. You warrant, represent and undertake to Farmkit that all information that you provide whether at the time of your initial registration or at any other time shall be complete, truthful and accurate. You acknowledge that it is your responsibility to update and maintain all such information.
    5. Once registered, you will have your own account (Account) and you may proceed to bid for Lots.
    6. You must ensure that all usernames and passwords relating to your Account are kept confidential and not disclosed to any other person. You must immediately contact Farmkit if you believe that there has been any disclosure, theft, or unauthorised use of any username or password. You are responsible and liable for all and any use of your username and password at any time.
    7. Farmkit does not represent or promise that it will procure the purchase of any Lot for you at a particular price, within a particular time frame or at all.
  4. SERVICES PROVIDED BY FARMKIT
    1. Subject to your registration with the Website, Farmkit shall, pursuant to these Conditions, provide access to the Website to enable you to view and bid upon Lots which are the subject of an Auction on the Website.
    2. Farmkit reserves the right to change, modify, update or remove any such Services as it may in its sole discretion from time to time determine.
    3. Unless terminated earlier each Auction shall run for the appropriate Auction Period although Farmkit reserves the absolute right to shorten or lengthen such Auction Period as it deems appropriate including, without limitation, as a result of any breach of the Conditions or any impropriety in relation to such Auction.
  5. DESCRIPTION OF LOTS
    1. All Lots are sold as seen, or as described, in their current state with all faults and imperfections. Farmkit and/or the Seller shall not be responsible for the suitability of any Lot for your purposes.
    2. Photographs and descriptions of any Lots on the Website are for identification purposes only and neither Farmkit nor the Seller of any Lot gives any warranty or representation that any photograph or description is in any way an accurate or a full depiction of the state or condition of the Lot.
    3. The Website provides you with an opportunity to contact the Seller of any particular Lot in order to ask questions about such Lot, to arrange a visit and otherwise satisfy yourself about, amongst other things, the state and condition of the Lot.
  6. BIDDING FOR AND BUYING LOTS
    1. You may only Bid in increments of £25 or more.
    2. Subject to these Conditions, the Buyer shall be the Bidder whose Bid (if placed in accordance with the terms and conditions of the Auction within the Auction Period and accepted) has, where applicable, met or exceeded the Reserve Price and is the highest Bid.
    3. Farmkit in its absolute discretion or the Seller (in accordance with the Seller terms and conditions) may at any time withdraw any Lot from the Auction and Farmkit may refuse or reject any Bid without giving any reason and in case of a dispute shall have the right to resubmit any Lot for Auction. Neither Farmkit nor the Seller shall be liable for any loss or costs incurred by any Bidder in respect of any action taken by Farmkit or the Seller under this Condition 6.3. Any dispute regarding any Lot shall be dealt with by Farmkit in accordance with its dispute resolution procedures applicable from time to time.
    4. If you Bid for a Lot on this Website, you acknowledge and agree that if you have placed the highest Bid at or above any Reserve Price in respect of any Lot, you have made a legally binding offer to buy such Lot and have entered into a contract with the Seller of that Lot (the Contract).
    5. Farmkit is not a party to any Contract nor is it acting as an agent for any Seller.
    6. You may only terminate a Contract in limited circumstances set out in law, for example where the item does not materially comply with the information provided in relation to it.
    7. In Bidding for any Lot, you acknowledge that you have not relied upon any warranty, representation, covenant or undertaking made to you by Farmkit or any Seller unless such representation, warranty, covenant or undertaking has been confirmed in writing addressed to you by a Seller or by a director or other duly authorised person of Farmkit (as the case may be).
    8. On conclusion of the Auction Period Farmkit shall notify the Buyer by email (the Notification) to confirm:
      1. that the Buyer is the winning Bidder;
      2. the name, address and contact details of the Seller; and
      3. the amount of the successful bid.
    9. Within 2 working days of Notification if you are the Buyer you shall at your own expense:
      1. pay to the Seller in cleared funds the purchase price (being the amount of the successful bid together with any VAT applicable or other costs agreed with the Seller) in accordance with Condition 7 below; and
      2. following receipt by the Seller of such payment within 5 working days after the date of the Notification collect the Lot purchased (unless the Seller has agreed an alternative period for collection or agreed to deliver the Lot).
    10. If you fail to:
      1. pay for any Lot in full or respond to (and in accordance with) the Notification in accordance with Condition 6.8 above; or
      2. collect a Lot in accordance with this Condition 6;
        or otherwise fails to comply with the terms and conditions relation to the Auction, the Seller shall be entitled in its absolute discretion and without prejudice to any other rights it (or they) may have to exercise one or more of the following rights and remedies:
      3. proceed against you for damages for breach of contract;
      4. rescind the sale of that or any other Lot sold to you; or
      5. resell the Lot;
        and Farmkit shall be entitled to suspend or terminate your participation in any further Auctions on the Website and/or cancel your registration on the Website.
    11. The ownership of the Lot shall not pass to you until the Seller has received payment in full, cleared funds. Risk of loss of or damage to the Lot shall pass to you at the time of collection or delivery of the Lot in accordance with Condition 6.9.2 above or, if collection or delivery is not made on such date (otherwise than as a result of any act or omission of the Seller) at the time that collection or delivery should have occurred.
    12. You may not place a Bid in respect of any Lot for which you are the Seller or for which the Seller is known to you and where your aim or intention is to influence the auction price of the item being sold, and you warrant and undertake that you shall not place any Bid on Lots in contravention of the foregoing.
  7. CHARGES AND PAYMENT
    1. Unless specifically stated by the Seller in their description of the Lot all Bids and all payments in relation to successful Bids must be made in pounds sterling (£). However, the method of payment shall be left to the discretion of the Seller in each case and will be as stated in the description of the Lot or as may be otherwise agreed between the Seller and the Buyer. Unless otherwise expressly stated, all prices stated on the Website and all bids are deemed to be exclusive of VAT and other applicable taxes, delivery charges, insurance and any other costs and fees.
    2. The Buyer shall, without limitation, be responsible for any costs of delivery and insurance costs.
  8. LIABILITY
    1. You acknowledge and agree that Farmkit shall not be responsible for and shall have no liability whatsoever (whether in contract, tort or otherwise) in respect of any loss that you may incur as a result of the use of the Website including as a result of bidding on any Lot (whether or not you are successful), any payments made in respect of any Lot or any act or inaction of any other person, including any Seller, such as, but without limitation, any inaccuracy in the description of any Lot, any failure to complete any Contract in respect of any Lot or any failure to allow you to collect any Lot or to deliver any such Lot.
    2. You further acknowledge that the Website is a forum for sellers to list and sell items in any auction-style format. At no time has Farmkit seen or had possession of any item listed in any Auction nor any information in respect thereof. Farmkit does not evaluate any items and does not act as an expert, adviser or specialist in relation to any Lot available on the Website but is merely acting as a resource whereby Sellers can list items that they wish to sell and potential buyers can bid in respect thereof.
    3. Farmkit does not review any listings placed by Sellers or provide any guarantee whatsoever that the description of any item comprising a Lot corresponds with the actual item being sold, or the quality, safety or legality of any such item. You acknowledge that it is your responsibility to satisfy yourself as to the actual item which is the subject of any Lot and its condition and ownership.
    4. Farmkit provides no warranty, representation, guarantee or otherwise that a Seller has the legal capacity or ability to sell any item which is listed for sale or that any such Seller will complete any transaction in relation to any Lot.
    5. Whilst Farmkit does require all Sellers to enter certain information about themselves and agree to be bound by the Farmkit – Seller’s Terms of Use we can not guarantee, and provide no confirmation whatsoever in respect of, the identity of any Seller and the accuracy of any information they may provide.
    6. All conditions, warranties and representations expressed or implied by statute, common law or otherwise in relation to the items are excluded to the fullest extent permitted by law;
    7. Notwithstanding the foregoing limitations and exclusions, in the event that Farmkit is held to be liable to you, subject to Condition 8.8, Farmkit’s total aggregate liability in respect of all causes of action arising out of or in connection with these Conditions and the use of the Website (whether for breach of contract, strict liability, tort (including negligence, misrepresentation or otherwise) shall not exceed a sum equal to the amount of any commission or other payment that Farmkit may receive from the Seller in relation to the Lot in question.
    8. Nothing in these Conditions shall exclude or limit Farmkit’s liability for death or personal injury arising as a result of its negligence or the negligence of its employees or agents, fraud or fraudulent misrepresentation or for any other liability which cannot be excluded or limited by reason of applicable law.
    9. Whilst Farmkit shall use reasonable endeavours to maintain the availability of the Website and the Services you accept that either may be withdrawn at any time.
  9. TERMINATION OF YOUR ACCOUNT

    Farmkit may terminate or suspend your Account immediately by notice to you in writing at any time if you are in breach of these Conditions or if you persistently fail to pay for items which you have placed a Bid for and won, or for any other reason at Farmkit’s absolute discretion. You will not be entitled to any refund of the Bidder Registration Fee in any circumstances.

  10. General
    1. You may not assign or transfer or purport to assign or transfer any of your rights or obligations under these Conditions unless Farmkit has consented to the assignment.
    2. If any of these Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
    3. If Farmkit fails, at any time to insist upon strict performance of any of your obligations under these Conditions, or if Farmkit fails to exercise any of the rights or remedies to which it is entitled under these Conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
    4. A waiver by Farmkit of any default shall not constitute a waiver of any subsequent default.
    5. No waiver by Farmkit of any of these Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
    6. Save in respect of the Seller, nothing in these Conditions is intended to confer on any person any right to enforce any Condition which that person would not have had but for the Contracts (Rights of Third Parties) Act 1999.
    7. Each right or remedy of Farmkit under these Conditions is without prejudice to any other right or remedy of Farmkit whether under these Conditions or not.
    8. These Conditions and any document referred to in them represent the entire agreement between you and Farmkit in relation to their subject matter and supersede any and all prior agreements, understandings or arrangements, whether oral or in writing. Neither party shall have any right or liability in respect of any statement, representation or promise not set out in these Conditions (unless made fraudulently).
    9. These Conditions shall be governed by, and construed in accordance with, English law. The courts of England have exclusive jurisdiction to hear and decide any suit, action or proceedings, and to settle any disputes, which may arise out of or in connection with these Conditions.
  11. NOTICES
    1. Any references in the Conditions to giving notice in writing shall include by post, email or fax. All notices given will be deemed to have been properly served immediately provided that such notice is sent to the specified e-mail or fax address of the addressee.
    2. It is your responsibility to ensure that you inform Farmkit of any changes to your contact details from those provided when you registered as a user of the Website.

ONLINE AUCTION TERMS AND CONDITIONS FOR SELLERS

This page together with Website Terms of Use and the Privacy Policy (the Conditions), set out the terms and conditions on which you the Seller may make use of, and list items on, www.farmkit.com (the Website). Please read these Conditions carefully before listing any items on the Website. You should understand that by listing items on the Website, you agree to be bound by these Conditions.

  1. COMPANY INFORMATION

    The Website is operated by Farmkit Limited (Farmkit). Farmkit is registered in England and Wales under company number 7982066 with its registered office at South Oaks Farm, Beeley, Matlock, DE4 2NR.

  2. DEFINITIONS AND INTERPRETATION
    1. In these Conditions:

      Auction means an offer for sale of a Lot which runs for the Auction Period;

      Auction Period means, in relation to an Auction, Tuesday at midday to 7 p.m. on the following Monday;

      Bid means an offer to purchase a Lot (and Bidding will be construed accordingly);

      Bidder means a user of the Website who places a Bid;

      Buyer means the winning Bidder of the Auction;

      Commission means commission payable by the Seller pursuant to clause 6 in respect of any Lot;

      Seller means the person who is offering a Lot for sale in an Auction on the Website;

      Lot means the item(s) offered for sale by the Seller in a single Auction on the Website in accordance with these Conditions;

      Reserve Price means a minimum selling price for the Lot set by the Seller which is not disclosed to any Bidders; and

      Services means the provision by Farmkit (subject to these Conditions) of an online auction facility through which Sellers can sell used farm equipment.

      Start Price means the price specified by the Seller at which an Auction shall commence.

    2. In these Conditions:
      1. headings are included for convenience only and shall not affect the construction or interpretation of these Conditions;
      2. references to a “Condition” is to a Condition in these Conditions;
      3. references to "include", "includes", "including" and "included" shall be construed without limitation;
      4. references to “working day” shall mean every day other than Saturdays, Sundays and bank holidays in England;
      5. references to a “party” shall mean either Farmkit or the Seller as the context requires and reference to “parties” shall mean both of them;
      6. words importing the singular meaning shall include the plural meaning and vice versa and words denoting the masculine gender shall include the feminine and neuter genders; and
      7. where the context so admits, words denoting persons shall include natural persons, companies, corporations, firms, partnerships, limited liability partnerships, joint ventures, trusts, voluntary associations and other incorporated and/or unincorporated bodies or other entities (in each case, whether or not having separate legal personality) and all such words shall be construed interchangeably in that manner.
  3. SERVICES
    1. In consideration of the Commission and in accordance with these Conditions Farmkit agrees to provide the Services to the Seller.
    2. Farmkit does not represent, warrant, undertake or promise that it will procure the sale of the Lot at a particular price, within a particular time frame or at all.
    3. Farmkit may in its absolute discretion without giving reasons refuse any Bid for the Lot, divide the Lot, combine the Lot with any other lot, withdraw the Lot from sale and/or offer a discount to the Buyer on the agreed sale price should a dispute arise as to the condition of the Lot and/or the accuracy of any description of the Lot.
    4. If, during or after an Auction, Farmkit considers that a dispute has arisen or that there is any other reason for doing so, it may in its absolute discretion immediately put up the Lot again for sale or, alternatively, it shall be the sole arbiter in any dispute between two or more Bidders, the Buyer and/or the Seller and Farmkit’s decision shall be final and binding on all concerned. Any dispute regarding a Lot shall be dealt with by Farmkit in accordance with its dispute resolution procedures applicable from time to time or otherwise at the sole discretion of Farmkit.
  4. REGISTRATION AND APPROVAL
    1. The Seller must be a registered user to list a Lot on this Website and be approved by Farmkit in accordance with Condition 4.4.
    2. By registering as a user of this Website and by listing a Lot, the Seller agrees that it is bound by these Conditions. Farmkit reserves the absolute right to refuse to accept any application for registration at its sole discretion.
    3. To register as a Seller, the Seller must be 18 years old or over and have authority and capacity to sell items.
    4. Once the Seller has registered as a user of the Website, Farmkit may carry out such credit checks in relation to a Seller and site visits to the Seller’s site(s) as it in its absolute discretion deems necessary. Farmkit will either approve or reject the Seller following the outcome of such checks. If approved, Farmkit will set up an account for the Seller (Account) and the Seller may proceed to sell Lots. If rejected, the Seller will not be able to sell items on the Website.
    5. The Seller must ensure that all usernames and passwords relating to any Account are not disclosed to any other person other than any person under the authority or control of the Seller and then only for the purpose of ensuring that the Seller has access to the Website. The Seller must immediately contact Farmkit if it reasonably believes that there has been any disclosure, theft, or unauthorised use of any username or password. The Seller shall be responsible and liable for all and any use of such username and password at any time.
    6. The Seller warrants, represents and undertakes to Farmkit that all information provided by the Seller whether at the time of initial registration or otherwise shall be complete, truthful and accurate. The Seller acknowledges that it is their responsibility to update and maintain all information.
  5. LISTING AND SELLING LOTS
    1. Once the Seller is set up with an Account, the Seller may list Lots on the Website for sale to potential Bidders
    2. The Seller may list as many Lots as they wish.
    3. When listing an item on the Website the Seller shall:
      1. upload a photograph of the item;
      2. provide an accurate description of the item; and
      3. specify a Start Price and a Reserve Price for the item
        (the Listing Information).
    4. Once the Seller posts the Listing Information on the Website, the item becomes a Lot and will be available for viewing on the Website by potential bidders between a current Auction ending and the next Auction beginning. The Seller shall be entitled to withdraw the Lot at any time following submission up until the point at which it becomes available for viewing. A Seller shall only be entitled to withdraw a Lot thereafter or during an Auction if the Lot becomes incapable of sale and in such case the provisions of Condition 5.7 shall apply. A Lot will be listed in the next Auction to commence following the date of submission of the Listing Information by the Seller.
    5. The Seller may include details of its location for the purposes of potential Bidders viewing and inspecting the Lot before purchasing it. All such arrangements for inspection shall be arranged between the Seller and the relevant Bidder.
    6. A Lot will remain listed on the Website until:
      1. it is sold;
      2. the Auction Period expires;
      3. Farmkit receives written notice from the Seller that the Seller wishes to de-list the Lot in accordance with Condition 5.4.
      4. Farmkit in its sole discretion de-lists the Lot.
    7. A Lot will be de-listed by Farmkit in accordance with clause 5.6.3 on receipt by Farmkit of written notice from the Seller that the Seller wishes to de-list it but, if the Auction for such Lot has commenced the Seller will be liable to pay Farmkit a cancellation fee of 2.5% of the Reserve Price (the Cancellation Fee).
    8. If items are listed for sale at a Reserve Price, the Seller has the option to consider Bids received below that Reserve Price.
    9. The Seller must not contact any Bidders directly in an Auction, whether in relation to a Lot listed by the Seller or another Seller, save where a potential Bidder contacts the Seller to arrange an inspection of the Lot or with a query regarding a Lot. In such cases contact will be made through the messaging facilities on the Website.
    10. The Seller must not directly or indirectly place Bids on Lots the Seller offers for sale on the Website or manipulate Bidding in any way.
    11. If the Reserve Price of a Lot is not met and the Lot not sold within the Auction Period, the Seller will have the option to re-enter the Lot for an additional Auction or remove the Lot. A Lot may be rolled over for up to a maximum of three Auction Periods. If the Seller removes the Lot from an Auction at the expiry of an Auction Period (or rolled over Auction Period) or if the Lot does not sell after an Auction, this will not prevent the Seller from listing the Lot at another time. Any Lots not sold will remain in the Seller’s Account unless removed by the Seller.
    12. If a Seller receives any Bid at or above any stated applicable minimum or reserve requirement, the Seller is obliged to complete the transaction with the Buyer following closure of the Auction subject to Condition 5.13.
    13. If a Buyer fails to purchase the Lot or respond to Farmkit’s notification to the Buyer that the Buyer is the highest Bidder (Notification) within two working days from the end of the Auction or otherwise fails to comply with the terms and conditions relation to the Auction, the Lot will be offered to the second highest Bidder if there is one and so on in respect of each Bidder who highest Bid at the end of the Auction Period was in excess of the Reserve Price.
    14. The Seller agrees that a Bid shall represent an offer from the Bidder to purchase the item which is the subject of the Lot and that at the conclusion of the Auction at the end of the Auction Period the Seller is automatically deemed to enter into a binding contract (Contract) for the sale of the Lot with the highest Bidder (subject to Condition 5.12).
  6. COMMISSION
    1. In consideration for the Services, the Seller shall pay to Farmkit commission of 2.5% of the Bid placed by the Buyer or, if higher for any reason, the agreed purchase price for each Lot.
    2. Farmkit shall be entitled to invoice the Seller in respect of any Auction Lot at any time after the end of the Auction Period if the Lot has been sold, or in the case of Cancellation Fees, as soon as the Lot is removed from the Auction.
    3. The Seller shall make payment of all Commission and any other sums due to Farmkit within 2 working days of the date of the invoice by credit or debit card, cheque, BACS (to such account notified by Farmkit to the Seller) or by such other means as Farmkit may specify as acceptable.
    4. Farmkit may set off against any sums payable by it to the Seller any amounts payable to it from the Seller.
    5. If Farmkit fails to make any payment due to Farmkit by the due date for payment, Farmkit shall be entitled to:
      1. suspend the Seller’s Account until payment is made in full;
      2. charge the Seller interest on any amount payable under these Conditions not paid on the due date for the period from that date to the date of payment at the rate of five per cent. (5%) per annum above the base rate of the Bank of England from time to time. The parties agree that this constitutes a substantial remedy in terms of the Late Payment of Commercial Debts (Interest) Act 1998; and/or
      3. terminate the Seller’s Account.
    6. Farmkit is entitled to revise the Commission at any time upon giving the Seller 30 days’ prior notice. The Commission rate in force at the date the Lot is listed (or re-listed where the Auction Period is extended in accordance with Condition 5.11) will apply.
    7. Farmkit shall not be liable to the Seller in any way if any Buyer fails to pay the price for a Lot.
    8. The ownership of the Lot shall not pass to the Buyer until the Seller has received payment in full with cleared funds. Risk in the Lot shall pass to the Buyer upon delivery or collection of the Lot.
  7. WARRANTIES AND INDEMNITIES
    1. The Seller represents and warrants in relation to all Lots that it lists on the Website that:
      1. the Seller is the holder of legal title to the Lot or is properly authorised to sell the Lot by the holder of legal title to the Lot and is able to transfer legal title to the Lot to the Buyer free from any encumbrance or third party claim;
      2. the Seller’s sale of the Lot will not infringe any third party rights or be unlawful in any way;
      3. any description, depiction and all information provided by the Seller in respect of the Lot is true and accurate;
      4. all information provided by the Seller in respect of the Seller's identity is true and accurate; and
      5. any branded items being offered for sale by the Seller are to the Seller’s knowledge authentic and genuine items.
    2. The Seller will indemnify Farmkit, its servants and agents and the Buyer against any and all loss, damage and liability suffered or incurred by them in consequence of any breach of any warranties set out in Condition 7.1, howsoever arising, including all costs and expenses incurred in dealing with any third party claim.
  8. LIABILITY
    1. The Seller acknowledges and agrees that Farmkit shall not be responsible for and shall have no liability whatsoever (whether in contract, tort or otherwise) in respect of any loss that that the Seller may incur as a result of the use of the Website or the placing of any item for Auction.
    2. The Seller further acknowledges that the Website is a forum for sellers to list and sell items in any auction-style format. At no time has Farmkit seen or had possession of any item listed in any Lot nor any information in respect thereof. Farmkit does not evaluate any items and does not act as an expert, adviser or specialist in relation to any Lot available on the Website but is merely acting as a resource whereby sellers can list items that they wish to sell and potential buyers can bid in respect thereof.
    3. Farmkit provides no warranty, representation, guarantee or otherwise that a Bidder has the legal capacity or ability to bid on and/or purchase any item which is listed for sale or that any such Bidder will complete any transaction in relation to any Lot.
    4. Whilst Farmkit does require all Bidders to enter certain information about themselves and agree to be bound by the Farmkit – Buyers Terms of Use it can not guarantee and provide no confirmation whatsoever in respect of the identity of any Bidder and the accuracy of any information they may provide.
    5. All conditions, warranties and representations expressed or implied by statute, common law or otherwise in relation to the items are excluded to the fullest extent permitted by law;
    6. Notwithstanding the foregoing limitations and exclusions, in the event that Farmkit is held to be liable to you, subject to Condition 8.7, Farmkit’s total aggregate liability in respect of all causes of action arising out of or in connection with these Conditions and the use of the Website (whether for breach of contract, strict liability, tort (including negligence, misrepresentation or otherwise) shall not exceed a sum equal to the amount of Commission that Farmkit has received for the Lot in relation to which the liability arises.
    7. Nothing in these Conditions shall exclude or limit Farmkit’s liability for death or personal injury arising as a result of its negligence or the negligence of its employees or agents, fraud or fraudulent misrepresentation or for any other liability which cannot be excluded or limited by reason of applicable law.
    8. Whilst Farmkit shall use reasonable endeavours to maintain the availability of the Website and the Services you accept that either may be withdrawn at any time.
  9. TERMINATION AND SUSPENSION OF AN ACCOUNT

    Farmkit may terminate or suspend the Seller’s Account immediately by notice in writing at any time if:

    1. the Seller is in breach of these Conditions; or
    2. the Seller makes an arrangement with or enters into a compromise with its creditors, becomes the subject of a voluntary arrangement, receivership, administration, liquidation or winding up, is unable to pay its debts or otherwise becomes insolvent or suffers or is the subject of any distraint, execution, event of insolvency or event of bankruptcy or any other similar process or event, whether in the United Kingdom or elsewhere; or
    3. the Seller, being a trading business, ceases or threatens to cease to carry on business; or
    4. the Seller persistently de-lists Lots or, in the sole opinion of Farmkit, is not acting in good faith in relation to its use of the Website.
  10. DATA PROTECTION
    1. In relation to all personal data (as defined in the Data Protection Act 1998 (the Act)), the Seller shall at all times comply with the Act as a data processor or the data controller (as applicable).
    2. The Seller shall implement appropriate technical and organisational measures to ensure that the personal data is kept secure, together with appropriate technical and organisational measures to protect the personal data against unauthorised or unlawful processing, accidental loss or destruction or damage.
    3. The Seller shall indemnify Farmkit for and against all and any damages, losses, liabilities, claims, actions, costs and expenses, howsoever arising, which Farmkit may suffer or incur (whether directly or indirectly) as a result or as a consequence of, or arising out of or in connection with, any claim relating to any breach by the Seller of its obligations under this Condition 10 and/or the Act.
  11. GENERAL
    1. The Seller may not assign or transfer or purport to assign or transfer any of its rights or obligations under these Conditions unless Farmkit has consented to the assignment.
    2. If any of these Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
    3. If Farmkit fails, at any time to insist upon strict performance of any of the Seller’s obligations under these Conditions, or if Farmkit fails to exercise any of the rights or remedies to which it is entitled under these Conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve the Seller from compliance with such obligations.
    4. A waiver by Farmkit of any default shall not constitute a waiver of any subsequent default.
    5. No waiver by Farmkit of any of these Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to the Seller in writing.
    6. Nothing in these Conditions is intended to confer on any person any right to enforce any Condition which that person would not have had but for the Contracts (Rights of Third Parties) Act 1999.
    7. Each right or remedy of Farmkit under these Conditions is without prejudice to any other right or remedy of Farmkit whether under these Conditions or not.
    8. These Conditions and any document referred to in them represent the entire agreement between the Seller and Farmkit in relation to their subject matter and supersede any and all prior agreements, understandings or arrangements, whether oral or in writing. Neither party shall have any right or liability in respect of any statement, representation or promise not set out in these Conditions (unless made fraudulently).
    9. These Conditions and any Contract shall be governed by, and construed in accordance with, English law. The courts of England have exclusive jurisdiction to hear and decide any suit, action or proceedings, and to settle any disputes, which may arise out of or in connection with these Conditions or a Contract.
  12. NOTICES
    1. Any references in the Conditions to giving notice in writing shall include by post, email or fax. All notices given will be deemed to have been properly served immediately provided that such notice is sent to the specified e-mail or fax address of the addressee.
    2. It is the Seller’s responsibility to ensure that it informs Farmkit of any changes to the Seller’s contact details from those provided when it registered as a user of the Website.

Privacy Policy

  1. Privacy

    For the purposes of the Data Protection Act 1998 (the Act), the data controller is Farmkit Limited (Farmkit). Farmkit is registered in England and Wales under company number 7982066 with its registered office at South Oaks Farm, Beeley, Matlock, DE4 2NR. (Farmkit, we or us).

    We are committed to protecting and respecting your privacy.

    This policy (together with our terms of use which can be accessed here and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

  2. Information we may collect from you

    We may collect and process the following data about you:

    Information that you provide by filling in forms on our site at www.farmkit.com (our site). We may also ask you for information if you report a problem with our site;

    If you contact us, we will keep a record of that correspondence;

    We may also ask you to complete surveys that we use for research and quality control purposes, although you do not have to respond to them; and

    Details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own purposes or otherwise and the resources that you access.

  3. IP addresses and Cookies

    We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.

    For the same reason, we may, depending on which parts of the site you access, obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us to store information about your preferences, and so allow us to customise our site according to your individual interests and recognise you when you return to our site.

    You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our site.

    In addition, Google utilises and implements certain tracking cookies which store information in an anonymised form. Information regarding the use of such cookies can be found at www.google.co.uk/intl/en/analytics/privacyoverview.html andwww.google.co.uk/intl/en/privacypolicy.html. You may opt out of Google analytics at http://tools.google.com/dlpage/gaoptout.

  4. Where we store your personal data

    The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

    All information you provide to us is stored on our secure servers. All payment transactions are encrypted. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share any password we have given you with anyone.

    Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

  5. Uses made of the information

    We use information held about you in the following ways:

    To ensure that content from our site is presented in the most effective manner for you and for your computer;

    To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes;

    To carry out our obligations arising from any contracts entered into between you and us;

    To allow you to participate in interactive features of our service (including but not limited to services to which you need to login), when you choose to do so; and

    To notify you about changes to our service.

    We may also use your data, or permit selected third parties to use your data, to provide you with information about services which may be of interest to you and we or they may contact you about these by post and telephone.

  6. Disclosure of your information

    We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in the Companies Act 2006.

    We may also disclose your personal information to third parties:

    In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;

    If Farmkit or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets;

    If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements or to protect the rights, property, or safety of Farmkit, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

  7. Your rights

    You have the right to ask us not to process your personal data for marketing purposes. You can exercise your right to prevent such processing by ticking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at our registered office.

    Our site may, from time to time, contain links to and from the websites of our partner networks and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

  8. Access to information

    The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

  9. Changes to our privacy policy

    Any changes we make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.

Website Terms of Use

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website located at www.farmkit.com (our site) if you are accessing our site from the United Kingdom. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them.

Information About Us

www.farmkit.com is a site operated by Farmkit Limited. We are registered in England and Wales under company number 7982066 with its registered office at South Oaks Farm, Beeley, Matlock, DE4 2NR.

Accessing Our Site

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if, for any reason, our site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time if in our opinion you have failed to comply with any of the provisions of these terms of use.

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms and that they comply with them.

If you choose to use the interactive customer services which are available through our site such use will be subject to and in accordance with the terms and conditions governing those services and their use as issued by Farmkit Ltd from time to time.

Prohibited Uses

You may use our site only for lawful purposes. You may not use our site:

You also agree not to access without authority, interfere with, damage or disrupt any part of our site, any equipment or network on which our site is stored, any software used in the provision of our site or any equipment or network or software owned or used by any third party.

Intellectual Property Rights

We are the owner or licensee of all intellectual property rights in our site and in the material published on it. Those works are protected by copyright and other laws and treaties around the world. All such rights are reserved.

You may print off one copy, and you may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others to material posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our site must always by acknowledged. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of any site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Reliance on Information Posted

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site or by anyone who may be informed of any of its contents.

Our Site Changes Regularly

We aim to update our site regularly and may change the content at any time. If the need arises, we may suspend access to our site or close it indefinitely. Any of the material on our site may be out of date at any given time and we are under no obligation to update such material.

Our Liability

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

  1. All conditions, warranties and other terms which might otherwise be implied by statute, common law or equity; and
  2. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, ability to use or the results of the use of our site, any websites linked to it and any materials posted on it including, without limitation, any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable

Nothing in these terms of use affects our liability for death or personal injury arising from our negligence nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter nor any other liability which cannot be excluded or limited under applicable law.

Information About You and Your Visits to Our Site

We process information (data) about you in accordance with our privacy policy which can be accessed here. By using our site, you consent to such processing and you warrant that all data provided by you is accurate and up to date.

Viruses, Hacking and Other Offences

You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack.

By breaching this provision, you may commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

Linking to Our Site

You may link to our home page provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

Our site must not be framed on any other site nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.

If you wish to make any use of material on our site other than that set out above, please address your request to Legal Counsel at our registered office.

Links From Our Site

Where our site contains links to other sites and resources provided by third parties these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Jurisdiction and Applicable Law

The English courts will have exclusive jurisdiction over any claim arising from or related to a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or other relevant country. These terms of use are governed by English law.

Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

Thank you for visiting our site.

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