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Buyer Terms

These Buyer Terms form part of the Terms of Use and outline your rights and obligations under the Contract of Sale you enter into with Sellers you purchase Item/s from. You can find the obligations of Sellers under the Contract of Sale in the Seller Terms.

 

1: Creating your User Account

When you create your User Account on the Crowdwindow Online Auction Marketplace, you must do so in accordance with the Terms of Use and the following:

 

Are you a Private Indivudual or Professional Buyer? When registering on the Crowdwindow Online Auction Marketplace, you must truthfully state whether you are a Private Individual or a Professional Buyer in connection with your trade or business.

 

Age Restrictions. Users must be minimum 18 years old, or 16 years old if they have express permission from their legal guardian of minimum 18 years old.

 

Identifying yourself. In addition to your name, email address, mobile phone number and address, you may be asked to provide identification information in the form of one or more of the following: your bank account number, date of birth, driver licence, Chamber of Commerce ID, Passport, VAT identification number, Utility Bill.

 

Professional Buyer. When you use the Crowdwindow Online Auction Marketplace as a Professional Buyer, you are obliged to comply with all applicable tax laws and regulations.

 

Fulfilling your VAT obligations. Professional Buyers who want to be treated as VAT registered are obliged to provide a valid VAT identification number. If you are based outside the United Kingdom or the EU and you don’t have a VAT identification number, you must provide alternative satisfactory proof.

 

2: Bidding on Auctions and buying Auction Item/s and Fixed Price Item/s

When you have created your User Account, you can Bid on Sellers Auctions and Buy Sellers Auction Item/s and purchase Sellers Fixed Price Item/s, that are listed on the Crowdwindow Online Auction Marketplace, in accordance with the Terms of Use and the following:

 

Contract of Sale. You acknowledge, agree and accept that when you place Bids on a Sellers Auction on the Crowdwindow Online Auction Marketplace and you have made the highest bid at the end of the Auction, you will be considered to have made the winning bid and you become the Buyer where you will automatically enter into a Contract of Sale with the Seller. If the Seller has set a Reserve Price and your Bid is lower than the Reserve Price, there will be no Contract of Sale. You also acknowledge, agree and accept that you automatically enter into a Contract of Sale with the Seller when you carry out the buying procedure for the Sellers Fixed Price Item/s.  

 

Transaction Fees: You acknowledge, agree and accept that when you make payment for Item/s purchased on the Crowdwindow Online Auction Marketplace, your payment may be subject to Transaction fees by your Card/Payment Services provider and/or your Bank.

 

As a Buyer you are responsible for paying the shipping costs and any additional import taxes or duties. You also acknowledge, agree and accept that as the Buyer you are responsible for paying the Seller the shipping costs (including any taxes and duties) of the Sellers Auction Item/s, unless the Seller has stated in the Listing that the Item/s must be collected by the Buyer.

You also acknowledge, agree and accept that you are responsible for checking if there are any specific law, act, treaty or regulations that may restrict or block the import of the Sellers Item/s into your Country.

 

3. Paying for the Sellers Item/s

You acknowledge, agree and accept that you must pay the Seller for the Sellers Item/s in accordance with our our instructions, the Terms of Use and the following payment rules:

 

If you are the successful winning bidder of an Auction, you must pay within three (3) working days. If you are the successful winning bidder of an Auction on the Crowdwindow Online Auction Marketplace, you must make payment within three (3) working days from the end of the Auction.

The specified payment period will never be regarded as a statutory limit and a notice of default is required before the Seller can dissolve the Contract of Sale due to your failure to pay.

 

You must pay the Purchase Price and Shipping Costs. You must ensure that the Seller receives the full Purchase Price amount and Shipping Costs (including taxes, duties and levies), unless the Seller has stated that the Item/s must be collected by the Buyer, in which case there will be no Shipping Costs to pay.

 

You are responsible and liable for any additional costs. You must pay any additional costs such as, but not limited to: bank costs, currency exchange costs, taxes and duties. 

 

You guarantee your purchase is legitimate. When you Bid on a Sellers Auction on the Crowdwindow Online Auction Marketplace and buy the Sellers Item/s, or when you purchase Fixed pirce Item/s from the Seller, you are guaranteeing that you are not buying the Sellers Item/s as part of a fake transaction to enable laundering of money.

 

4: Handover. Shipping and Collection of Item/s

You acknowledge, agree and accept that Sellers will only ship the Item/s to the address registered on your User Account, unless you are collecting the Item/s from the Seller. The Sellers Item/s will be shipped to you in accordance with the Terms of Use and the following rules:

 

You must ensure that your delivery address is correct. The Seller will ship the Item/s to the address in your Buyer User Account. If the Address details are incorrect and there is a problem with the shipping of the Sellers Item/s, it is ultimately your responsibility and not the responsibility of the Seller.

 

Sellers Item/s are only handed over/shipped after verified payment. The Seller Hands over/Ships the Sellers Item/s to you, after the full Purchase Price (including any shipping costs, taxes and duties etc) has been paid by you into the Sellers Stripe Account.

 

Sellers Item/s are shipped using Track and Trace which requires a signature on delivery. Sellers use Track and Trace shipping which will require a signature when delivered to your address. It is your responsibility to ensure that there is a person available to sign for and accept the delivery.

 

If there are shipping issues you must contact us within three (3) working days. As soon as the Track & Trace code shows that the Sellers Item/s have been delivered and signed for, you have three (3) working days to inform the Seller of any issues related to the Sellers Item/s. If you have picked up the Sellers Item/s from the Seller, you must inform the Seller within within three (3) working days of the collection.

 

If there are any shipping issues, you are obliged to work towards a solution directly with the Seller. Crowdwindow Ltd is entitled to take the details of the Track and Trace delivery, including the signature of the person who signed for the delivery, as proof that the Sellers Item/s have been received by you. If there is a problem with the delivery of the Sellers Item/s and you are unable to reach a satisfactory solution with the Seller, you must both cooperate with the shipping company with any investigation. A running investigation does not prejudice our right to decide whether the Purchase Price will be refunded to you, or paid to the Seller.

 

Arranging collection with the Seller. If the Sellers Item/s require collection by you directly from the Seller, then you must make arrangements with the Seller to collect the Sellers Item/s within five (5) working days of the purchase date. The specified collection time will never be regarded as a statutory limit. If you fail to collect the Sellers Item/s in accordance with our instructions or your agreement with the Seller, you acknowledge, agree and accept that at our sole discretion, we may either pay the Seller, or cancel the transaction in our system.

 

We may cancel transactions if the Seller does not deliver the Item/s to you. In the event that a Seller does not deliver the Item/s that you have purchased in accordance with his obligations under the Seller Terms or as described within the Sellers Listing description, we will send the Seller several reminders. If the Seller does not act in accordance with our instructions, you acknowledge, agree and accept that we may cancel the transaction in our system. Cancellation of the transaction is not the same as a dissolution of the Contract of Sale and if we do cancel the transaction, you are free to obtain your rights under the Contract of Sale directly with the Seller.  

 

5: Failing to fulfil your obligations towards the Seller

You acknowledge, agree and accept that if you fail to fulfil your obligations towards the Seller under the Contract of Sale, you will be in default and the Seller will be entitled to dissolve the Contract of Sale. At our sole discretion we may send you a notice of default and a notice of dissolution on behalf of the Seller, however you acknowledge that we are not obliged to do so. If we dissolve the the Contract of sale your obligations will include compensating the Seller’s damages, without prejudice to any other rights the Seller has.

 

6: Failure to fulfil your obligations towards Crowdwindow Ltd

In the event that you fail to fulfil your obligations towards us under the Terms of Use and Buyer Terms, you agree and accept that we may decide to cancel the transaction of the relevant Auction or Fixed Price Listing in which case we can hold you liable for any and all damages and costs we sustain and/or incur as a result. You agree and accept that such cancellation is not the same as a dissolution of the Contract of Sale. You will also be liable for the amount of the Seller’s Commission that we missed 

 

7. Consequences if you fail to comply with the Terms of Use & Buyer Terms

You acknowledge, agree and accept that to secure our own rights and those of other Users of the Crowdwindow Online Auction Marketplace, that if fail to comply with the Terms of Use, Buyer Terms and any Contract of Sale, we are entitled, at all times and at our sole discretion to: (a) suspend pay-out or refund to you, (b) withhold any other payments to you, (c) offset any financial claim we have towards you with any financial claim that you may have towards us. Any such actions are regulated by mandatory consumer law and we may only do so in accordance with such mandatory law.

You acknowledge, agree and accept that: (a) if you have breached Terms of Use, Buyer Terms or Contract of Sale, (b) if you have repeatedly received poor ratings ©, if we are notified or made aware of issues with your behaviour or conduct, (d) if we believe in good faith that they are necessary to protect Crowdwindow Ltd, the Crowdwindow Online Auction Marketplace, other Users, or to prevent illegal activities or fraud, then we may take the following measures:

  • Temporarily or permanently limit your authorisation and ability to sell, bid or buy with Auctions or Fixed Price Listings
  • Temporarily or permanently limit your access to your User Account
  • Temporarily or permanently revoke any special status associated with your User Account
  • If you (a) have not provided accurate bank or identification details upon our first request within a reasonable period, (b) have been flagged by our Payment Service Provider, or (c) have not passed any sanction list checks, you will be in default and you will forfeit the right to receive payment (including a refund)
  • If you paid for a Lot with your credit card and you filed a successful chargeback when the Seller was not in default, we are allowed to (a) block your User Account, (b) set-off any claims we have towards you, (c) block any future payments to you and (c) initiate legal proceedings against you.

 

We are also allowed to impose a financial penalty of €1,000 (one thousand euros) for every violation of these Terms of Use, without prejudice to our right to recover the actual damages. We try to give a warning first before imposing this fine. However, in the event of a severe infringement, we will impose the fine without notice. The penalty will increase by 10% for each subsequent violation of our Terms of Use. If possible, we will set-off this penalty in accordance with our Terms of Use. 

 

If your User Account is closed, deleted or access to it is suspended and you still have certain obligations towards other Users under any Contracts of Sale, we are entitled to cancel the open transactions and dissolve the Contract of Sale on behalf of the Seller. If there are outstanding refunds or other payments due to you, you will, at our sole discretion, receive the relevant amount less the amounts due by you in accordance with the Terms of Use and Buyer Terms.

We are also allowed to impose a financial penalty of £1,000 (one thousand British Pounds) for a single violation of the Terms of Use and/or Buyer Terms, without prejudice to our right to recover the actual damages. For every subsequent violation of the Terms of Use and/or Buyer Terms the penalty will be increased by 10%. We will set-off this penalty in accordance with the Terms of Use, if possible.

 

8: Right of Withdrawal

If the Seller is a Professional Seller and depending on your place of residence, you may have the right to cancel and return your purchase for no reason.

The EU right of withdrawal may be applicable to your Contract of Sale. If you reside in a Country within the European Economic Area and have purchased Auction Item/s from a Professional Seller, you may be entitled to a ‘cooling of period’ where you can withdraw from the purchase of the Auction Item/s without stating the reasons why.

If you withdraw from your purchase, you must return the Sellers Item/s to the Seller. If you are eligible to use the right of withdrawal against a purchase of a Sellers Item/s, you must return the Sellers Item/s to the Seller in unused, undamaged condition and in any original packaging with all accessories, within 14 days of the withdrawal notification. You will only be liable for any diminished value of the Sellers Item/s resulting from handling beyond what is necessary to establish the characteristics, functioning and nature of the Sellers Item/s and it is you who also must bear the return shipping costs. The entire Purchase Price that you have paid, including costs of shipping the Sellers Item/s to you will be refunded to you.

The right of withdrawal may not be applicable to your purchase. Your Right of Withdrawal only applies to Lots offered up and sold by Professional Sellers. In addition certain products and services are excluded from the right of withdrawal, such as, but not limited to: diamonds, gold, bullion and other products with fluctuating prices or that have a limited shelf life or decay quickly.

 

9: The Crowdwindow Online Auction Marketplace Internal Communication System

You should make use of the Crowdwindow Online Auction Marketplace internal messaging/communication system to communicate directly with Sellers when you have questions about the Sellers Listing or the Sellers Item/s and to arrange delivery or collection of the Sellers Item/s. We must not use the internal messaging/communication system for any of the following activities:

  • Making any sales agreement directly with a User without the mediation of Crowdwindow Ltd, with the intention or aim to avoid paying commission.
  • Sending spam, unsolicited advertising or promotions or requests for donations.
  • Sending links to other commercial websites or services.
  • Harassment of other Users.

 

10: Disputes with other Users

You agree and accept that you are obliged to try all means possible to resolve and dispute between yourself and any other User of the Crowdwindow Online Auction Marketplace between yourselves.

In exceptional circumstances on and on written request to us, we will make reasonable efforts to mediate between Users, however any such decision by us has no effect on the validity of any Contract of Sale. We cannot be held liable to pay any damages or other compensation to any Users if they don’t agree with our decision. 

If Users make the decision between each other to dissolve the Contract of Sale without our mediation, then the Users forfeit the right to receive a refund of the relevant Commissions.

All Contracts of Sale between Sellers and Buyers on the Crowdwindow Online Auction Marketplace are governed by English law, however you acknowledge that international private law may result in laws other than English law being applicable to the Contract of Sale entered into by Users.  

 

11: Resale Royalties

If the Sellers Item/s that you have purchased is original artwork, a Resale Royalty may be due to the artist, based on applicable Intellectual Property Copyright legislation. In such cases, you will bear the cost of the resale royalty which is regardless of whether you are a private buyer or an art market professional. It is your responsibility to reimburse the third party that has paid the resale royalty to the artist, or the artist’s representative. Such a reimbursement will include, but is not limited to: the full resale royalty amount, any related costs, expenses, taxes or duties.

 

 

IMPORTANT INFORMATION

 

If you intend to be a Seller or Buyer on the Crowdwindow Online Auction Marketplace, we encourage you to first read through our Information Pages:

Overview,  Creating Your Listing,  How to Bid and Buy,  Prohibited Items,  Supported Countries and Payment Methods,  Terms and Conditions,  Seller Terms,  Buyer Terms,  Privacy Policy and Cookies Policy.

 

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