IMPORTANT This is a legal agreement between Bluestar.Auction which is owned and operated by JLB Ventures Limited (company registration number 10084688) and the user (“you” or “your”) of the used vehicle auction website at bluestar.auction (“Website”). Please read the following terms and conditions carefully.
The Website is operated by Bluestar.Auction which is owned and operated by JLB Ventures Limited (company registration number 10084688) whose registered office is at Unit 3, Wards Yard, Dronfield, Derbyshire, S18 1NQ (“the Company”).
2.2 We may alter, vary or modify these Terms without your consent. We will however use reasonable endeavours to notify you of any changes made to these Terms. Should we fail to notify you of any amendments to these Terms you shall have no right to terminate this agreement or hold us liable for any loss suffered by you. You agree to check these Terms before you bid on the Goods and before you advertise Goods on the Website.
2.2 You agree to be bound by the new Terms from the date they are posted on the Website and your continued use of the Website shall be deemed acceptance of the changes. Accordingly, please continue to review these Terms whenever accessing or using the Website and in particular prior to submitting bids though the Website’s auction facility. These Terms apply to all parts of the Website to which you may have access from time to time.
3.1 You agree to provide further information (including references) if required in relation to your registration.
3.2 Bluestar.Auction reserves the right to block your access to use the Website if there are reasonable grounds for suspecting you do not fulfil the criteria for membership (as stated on the Website) of the Website or have otherwise breached these Terms.
3.3 It is your responsibility to notify us immediately if any of your registration details change by emailing firstname.lastname@example.org
3.4 You are responsible for the accuracy of any details provided and are responsible for keeping these details updated.
3.5 On registration you will be asked to select a user name and password.
3.6 You are responsible for the use and security of your password and username and for ensuring compliance with these Terms.
3.7 You are responsible for keeping your password and username confidential and must notify us immediately if you suspect unauthorised use by any other third party.
3.7 In the event of a security breach, you will be required to change your username and password which you must do immediately.
3.8 You are responsible for all costs and charges incurred in accessing the Website (including without limitation internet and telecommunication charges) and for maintaining any equipment required to access the Website.
3.9 You will only use the Website for proper and lawful purposes which, for the avoidance of doubt, shall mean bidding for Vehicles listed on the Website from time to time.
3.10 You shall not allow authorised third parties to access the Website for any improper or unlawful purposes and you are not permitted to transfer your password to another person or entity.
3.11 By accepting these terms and conditions you are confirming that you can lawfully enter into and form contracts under applicable law and that you shall not permit any person under the age of 18 to take part in any auction on the website.
3.12 You will use your best endeavours to scan or remove any virus or any other contamination or destructive features before submitting any information to the JRB Ventures Limited or the website (www.bluestar.auction).
3.13 You agree that your membership of the Website is based on you complying with the terms of the Membership Criteria. Should we reasonably suspect that you do not fulfil the Membership Criteria, we reserve the right to suspend and block your access to the website and retain your annual subscription fee.
3.14 You agree that an annual subscription fee will be paid by you, as a buyer, of £99.00 per year. The amount due will be deducted from the account supplied at the time of first registration and will automatically be deducted from the same account annually using a registered PCI Certified Merchant. More details can be found about PCI certified merchants here; https://www.pcisecuritystandards.org/
If for any reason, Bluestar.Auction are unable to deduct the annual subscription fee from the account supplied, we reserve the right to suspend and block you access to the website until the account details are updated.
4.1 “Leisure Vehicles” means any Motorhomes or Caravans available as part of an auction on the Website.
4.2 Full instructions on how to bid for Leisure Vehicles and details of the expiry date and time for each auction will be posted on the Website but all bids and transactions will be subject to these Terms. All bids should be made on an assumed VAT inclusive basis, unless otherwise expressly stated within the auction listing.
4.3 A bid will be deemed to have been placed when such bid is received by our server. A bid is not yet placed when such bid is sent by your server.
4.4 A bid may not be withdrawn after it is placed.
4.5 Each listing placed by a seller of a Leisure Vehicle will be deemed as an invitation to treat and each placement of a bid will constitute a legal offer, which, on acceptance by the seller of the Leisure Vehicle will form an agreement which will be legally binding on the bidder and seller.
4.6 The seller of the Leisure Vehicle must allocate a minimum price in respect of Vehicles (“Reserve Price”).
4.7 No bid will be accepted for a Leisure Vehicle which is less than the sum specified by the seller as a Reserve Price in relation to that Vehicle.
4.8 When you bid on the Leisure Vehicle you are agreeing to purchase that Leisure Vehicle for the price you bid in the event that you are the highest bidder, the bid must be the highest bid of the auction received by the end date (see paragraph 4.9) and must meet any other conditions which may be specific to each auction. If additional conditions apply, they will be published alongside the description of the Leisure Vehicle prior to the commencement of each auction listing. Once a bid has been accepted you are legally bound to complete the transaction and pay the Purchase Price to the seller within 72 hours of the end date. Legal title of the Leisure Vehicle will pass on receipt by the seller of cleared funds in respect of it.
4.9 Bluestar.Auction will allocate and publish on the website a specific time and date for each Vehicle at which point further bids will not be accepted (“End Date”). When the auction closes if you have the winning bid, the agreement for the purchase of the Leisure Vehicle becomes binding on you.
4.10 The Seller reserves the right to refuse or remove bids and/or suspend, cancel or extend auctions at its absolute discretion, without prior notification to the bidders including where there are or have been obvious typographical or arithmetical inaccuracies. The Seller must immediately notify Bluestar.Auction on removal of any listing (subject to clause 4.11 and 4.12).
4.11 In the event that the Seller ends an auction listing early which has met the reserve price (and fails to sell the Goods to the highest Bidder) the Seller shall be liable to pay the sales commission of 1%.
4.12 If you are the highest bidder and the reserve price is not met the Seller may contact you, thorough Bluestar.Auction to accept or discuss your bid for the Goods.
4.13 All bids will remain valid until payment for the Vehicle has been received. If your bid is followed by a higher bid which is later removed by Bluestar.Auction for any reason, it will be open to the Seller to accept your bid, as though the higher bid had never been made.
4.14 Further to clause 4.10 above, if the auction is cancelled for any reason and subsequently re-activated, all previous bids will lapse and bidding will recommence.
4.15 If your bid is successful, the Seller will contact you to confirm this by either email or telephone, together with a suitable date and time for collection of the Leisure Vehicle. The Seller shall also forward you an invoice and along with details of acceptable payment methods.
4.16 Bluestar.Auction is not obliged to assist in any disputes between Seller and Bidders.
4.17 Intelligent bidding allows you to submit your maximum bid on a vehicle listing and it will bid up to this figure on your behalf. If the maximum bid placed exceeds that of the reserve price set by the selling dealer the system will only take the reserve price figure and display a reserve met status on the vehicle listing. Bids will then increase up to your maximum bid as subsequent bids are placed.
5.1 Should you wish to advertise a Leisure Vehicle for sale on the Website you agree to the following:
a) You agree that you are the owner or have the right (licence) to use the pictures, logos and text used to advertise the Leisure Vehicle and that in uploading this intellectual property to our website you are providing us with a licence to use the same;
b) You are the owner of the Leisure Vehicle or have authority from the owner of the Leisure Vehicle to sell it;
c) You agree to sell the Leisure Vehicle should it reach or best its reserve price;
d) Should the Leisure Vehicle successfully reach or best its reserve price or you accept an offer lower than the reserve price you agree to pay our sales commission of 1%;
e) You agree that the description of the Leisure Vehicle uploaded by you to the website accurately describes the Leisure Vehicle; furthermore you agree to indemnify Bluestar.Auction against all claims, losses, damages in respect of the description of the Leisure Vehicle;
f) You agree to not place any identifying names, logo’s or images within the advertisement of the Leisure Vehicle or within the images used to advertise the Leisure Vehicle, that would directly encourage a bidder to contact you, the seller, outside of the Bluestar.Auction platform. Bluestar.Auction reserves the right to check and remove any listings that contain any identifying logo’s, names or images.
6.1 All Leisure Vehicles must be paid for in cleared funds in pounds sterling within 72 hours by agreement to the Seller as set out in the invoice for the vehicle.
6.2 In the event that payment is not received within 72 hours and the payment becomes overdue, the Seller reserves the right to;
a) charge interest on late payments at an annual rate of 2% above the base lending rate of Barclays Bank (from time to time); and/or
b) treat the bid as having lapsed and offer the Vehicles to other parties.
6.3 In the event that the Buyer fails to pay the purchase price in accordance with clause 6.1 the Buyer shall be liable for: a) the full Purchase Price due to breach of contract; and/or b) an administrative fee of £100 plus VAT being the cost to set up a new auction on behalf of the Seller and to deal with any complaints of the Seller.
6.4 On and after collection of the Leisure Vehicle, the Buyer will be responsible for:
a) Complying with all legal requirements in relation to the use and maintenance of the Leisure Vehicle;
b) Ensuring that the Leisure Vehicle is safe and obtaining all certificates, permits or other authorisations necessary before the Leisure Vehicle can be used on any road or elsewhere; and
c) Payment of all taxes (if any) arising with the supply of the Leisure Vehicle.
7.1 The Seller shall make available the terms of delivery to the Bidder at the Bidders requested and or request of Bluestar.Auction who may make available the terms of delivery to the Bidders. 7.2 The Buyer shall at his own expense collect or have the Leisure Vehicle delivered in accordance with the terms of the Seller.
7.3 The Leisure Vehicle shall only be collected or delivered (as appropriate) when the Seller has received clear funds of the Purchase Price.
7.4 The buyer shall be responsible for any removal and storage charges on any Leisure Vehicle not collected within five working days after the day of purchase. Once payment is received, title and risk in the Leisure Vehicle passes to the buyer.
8.1 Nothing in these terms shall operate to exclude or restrict either party’s liability for:
Death or personal injury resulting from negligence; b) Breach of the obligations arising from section 17 of the Consumer Rights Act 2015; or f) Fraudulent misrepresentation.
8.2 You acknowledge that you have not relied upon any representation made to you by Bluestar.Auction, its employees or agents in relation to the Leisure Vehicles unless such representation has been confirmed in writing prior to auction.
8.3 The Leisure Vehicles are previously owned vehicles and are sold as seen. All vehicles are sold with all (if any) faults and imperfections and errors of description. Buyers should satisfy themselves prior to sale as to the origin, description, suitability, age, durability, completeness, operability, state and condition of the Leisure Vehicles and should exercise and rely on their own judgment as to whether the Leisure Vehicles accord with any description. None of the photographs or illustrations of Leisure Vehicles available should be relied upon to give an accurate or full depiction of the state or condition of the Leisure Vehicles. Accordingly, all conditions and warranties implied by law, trade, custom or practice are hereby excluded subject to clause 8.1 above and except to the extent that such exclusion is otherwise prohibited by any law.
8.4 The Seller hereby agrees that he is liable for all information (including photos) that he uploads/provides to the website including but not limited to any false or misleading information or photos.
8.5 The Seller agrees to indemnify Bluestar.Auction against all claims, losses, damages, legal fees and consequential loss as a result of the information it provides or uploads (in accordance with clause 8.4) to the website.
8.6 The Seller agrees to indemnify Bluestar.Auction against all claims, losses, damages, legal fees and consequential loss made by the Buyer or any third party in respect of the vehicles road worthiness and safety.
8.7 The Buyer acknowledges and agrees that in the event of an accident caused by a fault with the Leisure Vehicle which results in a claim being made, the Seller is the correct defendant in this matter and not Bluestar.Auction
8.8 Bluestar.Auction shall not in any circumstances be liable for any indirect special or consequential loss or damage or any loss of profits, business opportunities, or damage to goodwill (whether such losses are direct or indirect) to either party.
8.9 All the parties agree that Bluestar.Auction is acting solely as auctioneer and shall not be liable and shall not be deemed to have given any warranties in respect of the Leisure Vehicles or services supplied hereto.
9.1 You agree that should any liability to you arise under these Terms, your sole remedy in respect of any claim in relation to the Leisure Vehicles, however such claim arises, shall in all cases be limited to the price paid for the Leisure Vehicles, and shall only be available if the Leisure Vehicles have not been reused.
10.1 The Website (including but not limited to text, content, software, video, music, sound, graphics, photographs, illustrations, artwork, names, logos, trademarks, service marks, and other material and other content) is protected by copyright, database rights, trademarks and/or other similar intellectual property rights, the ownership of which resides with the Bluestar.Auction, which is either owned by Bluestar.Auction or licensed to it by third parties.
10.2 You will not acquire any rights or licences in or to the Website or any other content other than the limited rights to use the Website in accordance with these Terms.
10.3 You may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, download, to create derivative work from transmitted communication or any other way to exploit any part of the Website and/or the content.
10.4 Downloading the content is permitted by Bluestar.Auction provided that:
a) You make no more than one printed copy of such download and no further copies are made;
b) You retain on such downloads and/or printed copies all copyright notices and shall remain bound by the terms of such wording and notices.
10.5 You agree that Bluestar.Auction may use copy, reproduce, distribute, adopt, load, execute, store, transmit, communicate, display, maintain, enhance any data you provide to it subject to compliance with fair collection notices and with the Data Protection Act 1998 generally.
11.1 The Website and the content are provided on an “as is” and “as available” basis, accordingly, JLB Venture Limited reserves the right to: modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that Bluestar.Auction shall not be liable to you or any third party for any modification to or withdrawal of the Website.
11.2 Subject to the provisions of these Terms in relation to the purchase of Leisure Vehicles:
a) Bluestar.Auction does not guarantee or give any warranty as to the accuracy, timelessness or completeness of any information or material on the Website to the extent that Bluestar.Auction is permitted by law;
b) Bluestar.Auction excludes any liability whether in contract tort (negligence) or otherwise for any incorrect or misleading information on the Website except as set out in these Terms;
c) Bluestar.Auction excludes any liability whether in contract tort (negligence) or otherwise for any incorrect or misleading information on the Website except as set out in these Terms;
d) Bluestar.Auction should not be liable to you or any third party resulting from any unauthorised access to the Website;
e) Bluestar.Auction does not warrant that the Website is compatible with your computer equipment or that the Website or its server is free from errors, viruses, worms or Trojan horses and Bluestar.Auction is not liable for any damage you may suffer as a result of such destructive features;
f) Bluestar.Auction does shall not be held responsible for content provided by third parties or for the content of or use of third party sites to which there is a link in the Website;
g) Bluestar.Auction is not responsible for the reliability or continued availability of the telephone lines or equipment you use to access the Website; and
h) Bluestar.Auction does not give any warranty in respect of the state, condition or quality of the Leisure Vehicles.
11.3 The parties agree that these warranties are reasonable and agree to be bound by them.
13.1 You accept that the Bluestar.Auction has the right to change the content or technical specifications of any aspect of the Website at any time at our sole discretion.
13.2 You further accept that such changes may result in you being unable to access the Website.
13.3 Bluestar.Auction may have to suspend the operation of the Website from time to time to carry out maintenance and make upgrades.
14.1 You may not assign your rights or delegate your duties under these Terms.
14.2 Bluestar.Auction may assign its rights or delegate its duties under these Terms without prior notice to you.
15.1 No agency, partnership, joint venture or employee/employer relationship is intended or created by these Terms.
15.2 You agree that Bluestar.Auction provides an auction website (the Website) and shall in no way be party to the contract for the sale or purchase of the Leisure Vehicle by any member and furthermore, Bluestar.Auction shall under no circumstances be liable for any representation made on the Website.
15.1 Any notice shall be given by email to the email address provided on the registration form or email@example.com, or such other address as is provided by you to Bluestar.Auction.
15.2 Notice shall be deemed to have been given 48 hours after sending of the email unless the sender receives a response indicating that the message was undeliverable, in which case the e-mail is deemed not to have been delivered.
16.1 No failure to exercise or delay in exercising any right or remedy provided under this agreement or by law by Bluestar.Auction constitutes a waiver of such right or remedy or shall prevent any future exercise in whole or in part thereof.
17.1 If any provision in these terms and conditions is held by any competent authority to be invalid or unenforceable, in whole or in part, the validity of the other provisions, and the remainder of the provision in question, shall not be affected.
18.1 No variation or alteration of any of these Terms shall be effective unless it is in writing and signed by or on behalf of each party.
19.1 A person who is not party to these Terms shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any part of these Terms. This does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
“Force Majeure Event” means any circumstance beyond the control of Bluestar.Auction including, but not limited to acts of God, fire, explosion, adverse weather conditions, flood, earthquake, terrorism, riot, civil commotion, war, hostilities, strikes, work stoppages, slow-downs or other industrial disputes, accidents, riots or civil disturbances, acts of government, lack of power and delays by suppliers or materials shortages.
20.1 Bluestar.Auction shall have no liability for any delay or failure to carry out any of our obligations under these Terms where a Force Majeure Event has occurred.
21.1 These Terms shall be governed by the laws of England and Wales and subject to the exclusive jurisdiction of the English Courts.
22.1 These Terms, together with the documents referred to in it, constitute the entire agreement and understanding between the parties in respect of the matters dealt with in them and supersede any previous agreement between the parties or any of them relating to such matters.
22.2 You acknowledge that by agreeing to these Terms, and any of the documents referred to in it, that you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) other than as expressly set out in these Terms as a warranty. The only remedy available to either party in respect of any such statement, representation, warranty or understanding shall be for breach of contract.