Ultimate Competitions Ltd - Terms and Conditions
Please Note: "we", "us", "our" or "The Company" means Ultimate Competitions Ltd. "you" means the entrant submitting an entry on a specific Auction shown on our website or organised by our Company. "Auction Lot" means the item or selection of items the entrant is bidding for. "Unmatched" or "Unique" bid means the bid that is the lowest that no other entrant has bid. "Auction Reserve" is the fixed amount of bids required before the Auction Lot is sold.
1. Eligibility
1.1 Our Auctions are open to all persons aged 18 and above who are able to form a legally binding contract, except for Ultimate Competitions Ltd employees, members of their immediate family, agents or any other person who is connected with the creation or administration of our Auctions.
1.2 If you do not qualify under these Terms and Conditions please do not participate in any of the Auctions run by Ultimate Competitions Ltd. We reserve the right to void your participation in any of our Auctions if we find that you are in breach of these Terms and Conditions.
1.3 By accepting these terms and conditions you confirm that you are not breaching any laws in your country of residence regarding the legality of entering our Auctions. We will not be held responsible for any entrant entering any of our Auctions unlawfully. If you are in any doubt you should immediately leave this website and check with the relevant authorities in your country.
2. Entrants
2.1 All entrants must provide valid account information during the sign-up and/or entry process. If you are found to have provided fake, misleading or incorrect information we reserve the right to immediately void all of your entries with no refunds being made.
2.2 Entrants may only register/hold one account. If you are found to have more than one account we reserve the right to terminate all bids connected to your accounts with no refunds being made.
2.3 All entrants must make sure they are physically, emotionally and legally able to take part within or own the Auction Lot before entering. We will not be held responsible for any winners who are unable to use or take part within the Auction Lot.
3. Low Bid Auctions
3.1 Unless otherwise stated all low bid Auctions will run for one calendar month from its start date.
3.2 Unless otherwise stated all Auctions will have a pre-stated “reserve” bid level which must be met for the advertised Auction Lot to be sold.
3.3 If insufficient bids have been placed within the time limit, then we reserve the right to end the Auction and award the person who holds the lowest unmatched bid 70% of the net takings (after processing fees and VAT) for that Auction.
3.4 All information concerning bid levels are kept secret for the duration of the Auction and will not be disclosed to any of our employees, members of their immediate family, member of the public, our agents or any other person who is connected with the creation or administration of this Auction until it has closed.
3.5 The winner is the person at the end of the Auction with the lowest unique bid.
3.6 In the event of there being no unique bids, we reserve the right to award the Auction Lot to the person with the lowest paired bid that was entered first. (i.e. If there are no unique bids and there are three bids of £0.01 and only two bids of £0.02, the entrant who bid £0.02 first is the winner)
4. Bidding, Entering and Entry Fees
4.1 To enter you must complete all sections of the entry form, pay your entry fee and clearly set out the bid or entry that you wish to place.
4.2 In consideration of entry, an entry fee is payable as set out on each Auction page.
4.3 You may submit up to 25 paid bids per day, although you must pay an additional entry fee for each bid.
4.4 If you submit further entry’s your previous entry fees will not be refunded.
4.5 The entry fee shall be payable by credit or debit card (the details of which must be correctly given). Your submission of these details is authorisation to us to withdraw this money from your account.
4.6 All entry’s or bids submitted are non refundable and non transferable.
4.7 At our absolute discretion, we reserve the right to refuse any bid requests that we deem to be outside the terms & conditions. In this case we will not process the proposed payment.
5. Refunds and Withdrawal
5.1 The entry fee will NOT be refunded under any circumstances, including without limitation, if you are in breach of these Terms and Conditions, your entry has been void or you have entered the same Auction multiple times with the same bid amount.
5.2 We reserve the right in our absolute discretion to withdraw items from our Auctions and to substitute alternative items of equivalent value and/or amend the descriptions at any time.
5.3 We reserve the right to cancel any Auction and transfer all bids and/or entry’s to any other Auction for which the ticket price is at least the same or greater than the original Auction Lot paid and the Auction Lot is similar in value and nature.
6. Winners
6.1 If you are declared a winning bidder in respect of any specific item, we shall notify you via the contact details you have provided.
6.2 After we have informed you that you are a winner, you will then have three weeks to accept the Auction Lot and to pay the winning bid price.
6.3 Unless otherwise agreed, the payment for winning bid must be made via credit or debit card payment.
6.4 If, after three weeks from date of notification we have not received confirmation of bid payment, we reserve the right to cancel your right to receive the Auction Lot.
6.5 If you accept the Auction Lot within the acceptance period you will be required to provide an accepted form of photographic ID and a copy of a recent utility bill or a bank statement to confirm your name and address.
6.6 If you are declared a winning bidder you will be required to provide a photograph and any other information we require to ensure you may legally receive the Auction Lot.
6.7 Unless otherwise stated only the named winner may collect the Auction Lot.
7. Auction Lot’s
7.1 For any Auction Lot requiring delivery, unless otherwise stated, please allow 30 days from the date that we receive your winning bid payment.
7.2 Once an order is placed with the supplier no alternative will be given unless the order cannot be fulfilled.
7.3 Unless otherwise stated all Auction Lots include worldwide shipping to a port of entry to your country of residence. However we reserve the right, at our absolute discretion, not to ship items to certain countries.
7.4 Unless otherwise stated, We will not cover any import duties or taxes if the item is to be shipped outside the United Kingdom. These will be the responsibility of the winner.
7.5 Unless otherwise stated, there will be no cash equivalent offered.
7.6 If for any reason the supply of the item is not or cannot be fulfilled by us or by the supplier of the Auction Lot a set cash alternative or alternative Auction Lot of the same value will be offered.
8. Personal Details
8.1 We are registered with the UK Data Protection Registrar under # Z1132955. We take the security of your personal data seriously and will try to ensure that it is not disclosed to any third party without your consent.
8.2 By completing and submitting an entry or bid on any Auction organised by us, you consent to us using your personal data for performance of these Terms and Conditions by us, our suppliers and any third party acting on our behalf.
8.3 By "opting in" to our newsletter subscription, you consent to us using your personal data for the following purposes: (i) our own internal marketing and promotion; (ii) the marketing and promotion of the companies and organisations associated with our Auctions (including, without limitation, suppliers, advertisers, sponsors, charitable organisations.
8.4 Acceptance of the Auction Lot by the winner gives us the right to use the winner’s name, personal photograph, town and country of residence for promotional purposes, both immediately after their win and in the future, unless prohibited by law.
9. Warranty, Responsibility and Liability
9.1 We make no warranty concerning the quality, availability or fitness for purpose of any items listed or shown in our website or promotional literature.
9.2 In no event shall we be liable for any indirect losses incurred or suffered by you arising directly or indirectly from your participation in any Auction organised by us howsoever arising (including negligence).
9.3 Ultimate Competitions will be accepted no responsibility for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet, accessibility or availability or for traffic congestion or unauthorised human act.
10. Disclaimer
10.1 We reserve the right, in our absolute discretion, to reject any entry forms and accept no liability in that regard.
10.2 Nothing in this agreement will be construed as excluding or restricting (whether directly or indirectly) our liability for death or personal injury caused by our negligence or for fraudulent misrepresentation. Subject to the foregoing, our liability to you shall be limited to the value of the amount of entry fee and purchase price paid to us whether caused by breach of contract or tort, including negligence or otherwise.
10.3 To the maximum extent permitted by law, all warranties and representations of any kind in relation to the accuracy of the description or estimated value of the Auction Lot shall be excluded. We have no obligation to undertake any investigation or to carry out any tests on the Auction Lot to verify the accuracy or otherwise of the description given. You should not place any reliance on such descriptions or assume that such investigations have taken place. Accordingly we will not be liable for any misstatement, error or omission from the description of any Auction Lot.
10.4 We reserve the right to review and revise our terms and conditions from time to time without giving you prior notice and by participating in the Auction subsequent to any revision of our terms and conditions, you agree to be bound by such changes.
11. Termination
11.1 Either party may terminate this contract in the event that the other party commits a material breach of these Terms and Conditions, and does not rectify the breach within 30 days of receipt of a written notice.
12. General Terms
12.1 By accepting these terms and conditions you will be deemed to have read and understood all the terms and conditions connected with each Auction, including, without limitation, terms and conditions displayed on the individual Auction pages.
12.2 All of our Auctions are governed by English Law and any matters relating to the Auction will be resolved under English Law and the Courts of England shall have exclusive jurisdiction.
12.3 This agreement is not intended to create any partnership, agency or joint venture.
12.4 These terms and conditions represent the entire agreement between us.
12.5 Any notices that are required to be given to us shall be addressed to our registered office or to you at the address given by you on the entry form. Notices are deemed to have been delivered 2 working days after despatch by registered post or by courier.
12.6 In the event of any dispute, both parties shall agree to refer the matter to an independent expert who shall act as mediator. Mediation shall be a precursor to, but shall not prevent, proceeding with legal action.
12.7 In the event of any dispute, both parties shall keep confidential and not use for any collateral or ulterior purpose the subject matter of any mediation and all information, documents and materials produced for, or arising in relation to, any mediation including any award arising out of it except in so far as is necessary to implement and enforce any award or otherwise as required by law.
12.8 If any clause or part of these terms and conditions is found by a court, tribunal, administrative body or authority of competent jurisdiction to be illegal, invalid or unenforceable then that provision shall, to the extent required, be severed from these terms and conditions and will be ineffective without, as far as possible, modifying any other provision clause or part of these terms and conditions and this will not affect any other provisions of these terms and conditions which will remain in full force and effect.
12.9 Ultimate Competitions LTD is a company registered under the laws of England and Wales under company number 6279293.
Ultimate Competitions LTD,
Brookfield Cottage
Manchester Road
Buxton
SK17 6SU
