Terms & Conditions
Last Updated: [21 August 2012]
1. Definitions of Words and Expressions
In these Terms and Conditions, unless inconsistent with the context or otherwise specified, the following definitions will apply to words and expressions;
"Buyer" means the person accessing and using the Website and/or the legal entity that they represent during the course of employment or engagement by that entity who has bid on an item on the Website
"Seller" means the person accessing and using the Website and/or the legal entity that they represent during the course of employment or engagement by that entity who has placed an item for sale on the Website
"you" or "your" means the person accessing and using this Website and/or the legal entity they represent during the course of employment or engagement by that entity
"Services" means the content, features and functionality provided via the Website to facilitate the online interaction between the Seller and Buyer
"Terms and Conditions" means these terms and conditions as may be varied or amended from time to time and any additional terms and conditions or disclaimers with reference to or displayed on the Website whether by hypertext link or otherwise
"Transaction" means any transaction effected through the Services including but not limited to the contract or purchase and sale between the Buyer and Seller
"Warstuff" or "we" or "us" or "our" means the content, features and functionality provided via the Website to facilitate the online interaction between the Seller and Buyer
"Website" means the virtual online auction website located at http://www.warstuff.com or any subsequent URL used by us from time to time
2. Online Services
The website acts as an online venue to allow Sellers to auction and sell items and to provide Buyers with the opportunity to bid for and buy such items.
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.
Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. You acknowledge that due to the nature of the Internet, We cannot guarantee that access to the Website will be uninterrupted or that e-mails or other electronic transmissions will be sent to you or received by us or that the content of such transmissions will be secure during transmission. You agree that we will not be liable if for any reason the Website or the Services are unavailable at any time or for any period.
From time to time, we may restrict access to some parts of the Website and/or Services, or the entire Website and/or Services, to users who have registered with us. We reserve the right to modify or withdraw the Website (or any part of it) at any time without notice.
Access to the Website and Services is subject to the following Terms and Conditions. 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 change the Terms and Conditions at any time. Amendments will take effect when posted on the Website. The date of the Terms and Conditions are stated at the top of the Terms and Conditions. The Terms and Conditions current at the start of a Transaction will apply until that Transaction is completed. Your continued use of the Website and Services after amendments to the Terms and Conditions shall be deemed to constitute your binding acceptance of the amendments.
3. Eligibility to use the Online Services
You can browse the Website at any time without registering however if you do not agree to obey the Terms and Conditions you must stop using the Website immediately.
To use the Services you are required to register as a member by clicking on the "Register" link and completing the online registration form on the Website and submitting it to us. You should only register if you have read and accept the Terms and Conditions and qualify for membership.
Registration and use of the facility to bid for items via the Website is free however there is no entitlement to register or use the Website or Services. We reserve the right in our sole and absolute discretion to refuse any application to register and access the Services and to temporarily or indefinitely suspend any registered members.
Our Services are only available to individuals who can lawfully enter into and form contracts under applicable law. In all cases individuals must be at least 18 years of age (or such other age, if greater, as may be required for the Seller to lawfully contract with the Buyer in the jurisdiction in which the Buyer is resident).
If you register to use the Services you accept these Terms and Conditions and expressly represent to us that you are at least 18 years of age and can lawfully enter into and form binding contracts under applicable law.
4. Use of the Services
You agree that you will use the Website and the Services only for lawful purposes and in a lawful manner. You understand that the Website is targeted at citizens within the United Kingdom. While using the Website and the Services, you agree that you will not:
- register or use the Services under a false name or use an invalid or unauthorised email or physical address;
- sign in using another registered members login details, impersonate another user, or transfer your account and user ID to another party;;
- use an invalid or unauthorized payment method;
- submit material that is subject to copyright, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and grant us all of the license rights under the Terms and Conditions;
- violate any laws, third party rights, or our rights
- if you are a Seller, fail to provide to a winning buyer goods or services, unless the Buyer has failed to pay, a clear typographical error is made in the advertisement, or you are unable to communicate with the Buyer;
- materially change the description of the item after the item has received bids;
- manipulate the price of any auction or interfere with other user's listings;
- circumvent or manipulate our fee structure, the billing process, or fees owed to us;
- post false, inaccurate, misleading, defamatory, or libellous content (including personal information);
- take any action that may undermine the feedback or ratings systems (i,e. displaying, importing or exporting feedback information on the Website, or using it for purposes unrelated to the Website);
- distribute or post spam, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm us, or the interests or property of our users;
- copy, modify, or distribute content from the Website and/or our copyrights and trademarks; or
- harvest or otherwise collect information about users, including email addresses, without their consent.
We will report fraudulent activity to the police, and we will cooperate with police as necessary in order to enable them to carry out their investigations.
5. Items on the Website
We understand that collectors and dealers have an interest in the militaria items. Whilst we accept listings for such items, we do so on the basis that items:
- are listed for cultural, historical or educational purposes;
- listed shall not violate any laws governing the sale and ownership of such items;
- are not acquired from a war grave defined as a burial place for members of the armed forces or civilians who died during or as a result of military campaigns or operations;
- listed do not indicate or suggest that they are suitable for combat, encourage violent behaviour involving the use of the item as a weapon or for other criminal means;
- are legally permittable to be sold by you;
Listings of the following items are subject to the following additional terms and conditions.
Nazi and Nazi Related Items
You agree that you will NOT: Ship any items, or to sell any items to/in Germany, France, or other countries that prohibit their sale.
Additionally you understand that Warstuff, its officers, directors, employees or agents do not support the politics, motives or actions of World War II Nazi Germany, the government of the Third Reich or its leaders or political supporters. The website is intended for collectors and historians.
Deactivated Firearms, Ordnance and Ammunition Items
You agree that while using the Services you will NOT:
- list any offensive weapon as defined by Section 141 of the Criminal Justice Act 1988 (UK) or the Firearms and Offensive Weapons Act 1990 (Ireland), as amended from time to time;
- list any firearm as defined by Section 1 of the Firearms Act 1968, as amended from time to time;
- list items which do not fulfil legal requirements for proof of deactivation and certification of such;
You confirm that you will state in the listing that the item is deactivated or inert and that should we call for the deactivation certificate you will provide it to us within 48 hours of such request and that failure by you to provide the deactivation certificate will result in the item being removed from the Website.
For definitions and further information on the sale and ownership of deactivated and antique weapons, ordnance and ammunition please refer to the Home Office Firearms Law Guidance to the police, and the Crown Prosecution Service Guide To Firearms.
Collectable Edged Blade Items
Whilst using the Website and the Services, you agree that you will NOT:
- list any offensive weapon as defined by Section 141 of the Criminal Justice Act 1988 (UK) or the Firearms and Offensive Weapons Act 1990 (Ireland), as amended from time to time.
- list any items that do not have military significance (i.e. any type of knife, martial arts blades or hunting blades;
- fail to state in your advertisement that the item is a collectable blade;
- sell or agree to sell any blade or knife to any individuals under 18 years of age.
If you believe that any of the terms and conditions relating to the sale of Nazi and Nazi related items, deactivated firearms or inert ordnance and ammunition items, or collectable edged blade items have been breached, please notify us immediately, using either the “report item” link, which can be found on every listing, or the “contact us” page.
6. Bids and Buying
You can only make a bid and use the Services if you are a registered user on the Website. You agree to comply with any instructions or notifications posted on the Website from time to time in relation to the use of the Services.
Each placement of a bid will constitute a legal offer and shall be binding on you. Bids cannot be withdrawn after they have been placed. When making a bid, you are obliged to buy the item, if your bid is accepted as the winning bid.
7. Responsibilities when using the Services
You understand and accept that when using the Services you must ensure that you comply with all laws, regulations and our policies when buying and selling items. Sellers must check that items can be legally sold before listing them for sale on the Website. You understand and acknowledge that Warstuff, its officers, directors, employees or agents accept no liability for sale or purchase of such items on the Website and are not able to comment or advise on rules, regulations and restrictions on the use and distribution of items. We recommend that you seek professional legal advice for specific cases or situations.
8. Termination of Service
We reserve the right in our sole and absolute discretion to:
- cancel or stop any auction or bid at any time and to withdraw any item for any reason;
- exclude you from using the Services;
- suspend or discontinue the Service at any time;
- prevent or restrict access to the Website or to the Services;
- delete or move any item to another category at any time if there is any suspicion concerning the authenticity of an item;
- take any other action in case of technical problems, objectionable material, inaccurate project listings, inappropriately categorised listings, inaccuracies, unlawful listings or content, procedures or actions otherwise prohibited by the Terms and Conditions, or for any other reason.
9. Legal Relationships and Obligations of Parties
WARSTUFF Provides a Venue.
The Website is an online venue where sellers post advertisements for goods and services, and buyers can purchase or bid on items advertised. Our role is one of facilitator to provide you with the opportunity to participate in the Service. In providing the Services, we do not source, supply or deliver goods or services. We have no involvement in any Transaction between you, the Seller or Buyer. We are not a direct or indirect party to the contract of purchase and sale between you, the Seller or Buyer. We are not an auctioneer.
We do not post the items advertised to auction on the Website. You acknowledge that we:
- Are not the owner of the items being sold;
- do not have authority to act for and are not an agent for any Seller;
- do not screen, monitor or assess the description, quality, safety or legality of items;
- are not responsible for the quality of any items displayed and subsequently sold via the Website;
- are not responsible for the security/legality of the items sold;
- are not responsible for ensuring that Seller and Buyer complete a Transaction;
- cannot be held responsible for inaccurate or misleading product descriptions.
Contracts between Sellers and Buyers.
By registering as a member, you acknowledge and agree that you contract directly with other members to buy or sell goods or services. When a Seller posts an item, and a Buyer places a winning bid, selects to "buy-it-now", or submits an offer that the seller accepts, Sellers and Buyers agree they will be entering into a binding agreement with each other.
When a Buyer submits a winning bid or offer, or selects to buy-it-now, the Buyer agrees to purchase, and the Seller agrees to deliver, the goods or services in accordance with the Terms and Conditions.
You covenant and agree to act in good faith and engage in fair dealing with Buyers and Sellers. Additionally, you acknowledge and agree that the value, reputation, and goodwill of Warstuff depends in part on your performance of your covenants and agreements. You further agree that we have the right to take such actions, including without limitation suspension, termination, or legal actions, as we in our sole discretion deem necessary to protect the value, reputation, and goodwill of Warstuff
Taxes and Reporting.
Each member is solely responsible for satisfying all income tax, sales and use tax, governmental reporting and other legal requirements under applicable law, including without limitation those applicable to the purchase and sale of services provided by Sellers. You acknowledge that Warstuff will not issue tax forms or any other forms required for legal, governmental or reporting requirements.
No agency, franchise, partnership, joint-venture, or employee-employer relationship is intended or created by these Terms and Conditions.
Links to Third Party Content.
Warstuff assumes no responsibility for the contents of any other websites to which this Website links. As such you acknowledge and agree that Warstuff are not responsible or liable for:
- the availability or accuracy of such sites or resources; or
- the content, advertising, or products on or available from such sites or resources.
The inclusion of any link on the Website does not mean that Warstuff endorses the material on the linked site nor does it mean that Warstuff has any association with the owner thereof.
You acknowledge and agree that use of the links is at your own risk and that we shall not be held liable for any loss or damaged caused or alleged to have been caused by use of or reliance on any content, goods or services available on such linked site, over which Warstuff has no control. You expressly relieve Warstuff from any and all liability arising from your use of any third-party website.
You shall be solely responsible for your own entries and all content posted on the Website by you or on your behalf, and the consequences of posting or publishing entries or content. When uploading entries or comments to the Website, you affirm, represent and/or warrant that you own or have the necessary licenses, rights, consents and permissions to use and authorize us to use all patent, trademark, trade secret, copyright, or other proprietary rights in and to any and all of your entries of content, to enable inclusion and use of your entries and content in the manner contemplated on the Website and in the Terms and Conditions.
We do not endorse user submitted content to the Website, or any opinion, recommendation, or advice expressed by users. We expressly disclaim liability in connection with content submitted by users.
Links to the Website.
You may establish a hypertext link to the home page of the Website or add a Warstuff banner or widget to your website or blog, but not otherwise, without our written consent, provided there is thereby no implied endorsement or sponsorship of you, your company or your website by us.
There is no cost to becoming a member on the Website or in browsing most of the Website. We charge fees to Sellers who use the Services. When you post an advertisement as a Seller or use a service that has a fee associated with it, you will always have an opportunity to review and accept the fees that you will be charged. We may choose to temporarily change the fees for our services for promotions or for new services. All fees are quoted in Pounds Sterling (“GB£”). You agree to pay in a timely manner and with a valid payment method, all fees applicable to your use of the services. If your payment method fails, we may collect fees owed using other collection mechanisms.
11. Warranty Disclaimer
a) YOU AGREE THAT YOUR USE OF THIS WEBSITE SHALL BE AT YOUR SOLE RISK. THIS WEBSITE AND THE SERVICES ARE PROVIDED "AS IS", AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE LISTINGS ON THE WEBSITE.
b) WE CANNOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO THE SERVICES OR THAT THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS.
c) OPERATION OF THE WEBSITE MAY BE AFFECTED BY FACTORS OUTSIDE OF OUR CONTROL. TO THE FULLEST EXTENT LEGALLY PERMITTED, WARSTUFF, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM AND EXCLUDE ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU RECEIVE FROM US OR THROUGH THE USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.
You will not hold Warstuff, its officers, directors, employees or agents responsible for other users' actions or inactions, including their listings. You acknowledge and agree that we are not an auctioneer. We provide a venue to facilitate the sale and purchase of goods and services. Except when buying goods or services for our own use, we are not a party to any contract or covenant for goods or services. We have no control over and do not guarantee the quality, safety or legality of goods or services, the truth or accuracy of listings or member information, the qualifications, background, or abilities of members, the ability of Sellers to deliver goods or services, or that members will complete a Transaction. Each Buyer and Seller must look solely to the other for enforcement and performance of all the rights and obligations pursuant to the Transactions it entered into with the others on the Website, and any other terms, conditions, representations, or warranties associated with such Transactions.
If you have a dispute with another Member, you release Warstuff, its officers, directors, agents, subsidiaries, joint ventures and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. You hereby waive any law in any applicable jurisdiction, which may prevent this release. You further acknowledge that this waiver is an essential and material term of the Terms and Conditions, and that without such waiver, we would not have provided the Website or the Services.
You will not hold us liable to you or any other member for any special, indirect, consequential or punitive damages pursuant to this agreement, including but not limited to:-
a) loss of profits,
b) business opportunities,
c) goodwill or reputation, even if advised of the possibility of such damages.
The Website is controlled and offered by us from facilities in the United Kingdom. We make no representations that the Website is appropriate or available for use in other jurisdictions. If you access or use the Website from other jurisdictions you do so at your own risk and are solely responsible for complying with applicable laws.
We endeavour to ensure that information and other material placed on the Website by our users is correct and complete and use reasonable efforts to correct errors and omissions as quickly as practicable after being notified of them, but do not accept liability for any illegality arising from any errors or inaccuracies in or omissions on the Website.
We give no warranties, conditions, guarantees or representations, express or implied, as to:-
- the completeness or accuracy of the advice and information contained on the Website or any website to which it is linked;
- the content of the listings on the Website, including but not limited to the ownership, quality, authenticity of any photographs, compliance with description or fitness for purpose of any items;
- the completeness of the results of any search of our Website or that the items selected by the search are the only items on our Website which might meet the searcher's requirements.
We shall not be liable for any claims or losses of any nature arising directly or indirectly from any inability by you to access the Website.
We shall not be liable in contract or tort (including negligence and breach of statutory duty) for any indirect or consequential loss, howsoever caused or arising in connection with the Terms and Conditions or your use of the Website, or items purchased by you.
Nothing in these Terms and Conditions shall exclude or limit our liability for:
- death or personal injury caused by negligence; or
- fraud; or
- misrepresentation as to a fundamental matter; or
- breach of the terms implied by section 12 of the Sale of Goods Act 1979
- any liability which cannot be excluded or limited under applicable law.
If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
You agree to defend, hold harmless and indemnify Warstuff, its officers, directors, employees and agents, from and against any and all losses, costs, expenses, damages or other liabilities (including reasonable solicitors' fees) incurred by us from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against us: (a) in connection with your use of the Services or the use of the Service using your account, including any payment obligations incurred through use of the Services or (b) resulting from: (i) your use of the Website; (ii) your decision to supply credit information via the Website, including personal financial information; (iii) your decision to submit postings and accept offers from other members; (iv) any breach of contract or other claims made by members with which you conducted business through the Website; (v) your breach of any provision of this Agreement; (vi) any liability arising from the tax treatment of payments or any portion thereof; (vii) any negligent or intentional wrongdoing by any member; (viii) any act or omission of yours with respect to the payment of fees; (ix) your dispute of or failure to pay any invoice or any other payment; and/or (x) your obligations to another member. This defence and indemnification will survive this Agreement and your use of the Website.
14. Intellectual Property
Content License and Access.
When you submit content to the Website or when content is submitted on your behalf, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display and perform the content in connection with the Website, in any media existing now or in the future.
Subject to your compliance with the Terms and Conditions, we grant you a limited license to access and to use the Website and Services.
The website is for personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, licence, create derivative works from, transfer or sell any information obtained from the Website other than as expressly permitted in the Terms and Conditions. You may only download to your personal computer for viewing purposes and print out a number of pages of the Website for your personal use.
You agree that you will not attempt to reverse engineer or attempt to interfere with the operation of any part of the Website unless expressly permitted by law.
The Website or any portion thereof may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by us, in writing.
All Intellectual Property Rights (“IPR”) in the appearance and design of the Website and the materials and contents displayed on the Website shall belong to Warstuff, except to the extent that all IPR in any listing shall remain with the relevant Seller.
Reservation of Rights; Limited Licences.
We and our licensors retain all right, title and interest in and to all patent rights, inventions, copyrights, know-how and trade secrets relating to the Website. The Warstuff logo and name are trademarks of Warstuff, and may be registered in certain jurisdictions. All other product names, company names, marks, logos and symbols on the Website may be the trademarks of their respective owners. Except as expressly stated above, nothing in the Terms and Conditions confers any license under any of our or any third party's intellectual property rights, whether by estoppel, implication or otherwise.
Abuse of Intellectual Property Rights.
Please report problems, offensive or infringing content, and policy violations to us. We want to make sure that the content on the Website does not infringe upon the copyright, trademark or other rights of third parties. If you believe that rights have been violated, please notify us and we will investigate.
We will communicate with you by email (using the email you provided to us during the registration process, as amended by you) or by posting communications on the Website. You consent to receive communications from us electronically and you agree that these electronic communications satisfy any legal requirement that such communications be in writing. You will be considered to have received a communication 24 hours after sending (unless the sender is notified that the email address is invalid), or when we posts such communication on the Website. You must keep your email address updated, and you must regularly check the Website for postings. We may also send legal notice to you at the address provided during the registration process (as amended by you). In such case, notice shall be deemed received three days after the date of sending.
This Agreement shall become effective upon your acceptance or your use of the Website, and shall continue until terminated by us or you as provided for under the Terms and Conditions. Unless otherwise agreed to in writing between the parties, either party may terminate this agreement at any time upon notice to the other party. In such event, (i) we shall continue to perform those Services necessary to complete any open Transaction between you and another member; and (ii) you shall continue to be obligated to pay us and any sellers for any goods or services for which you have engaged from us or such Sellers in order to complete any such Transactions. When your membership is terminated, you may no longer access data, messages, files and other material you keep on the Website. The material may be deleted along with all your previous posts and bids.
Headings have been included for convenience only and will not be used in construing any provision of the Terms and Conditions.
No delay or failure by us to exercise any powers, rights or remedies under these Terns and Conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies include any other or further exercise of them.
We assume no liability or responsibility for the content of online auctions. Sellers are responsible for their listings and content as well as for the quality, quantity and other guaranteed criteria.
If any provision of the Terms and Conditions shall be prohibited by or adjudged by a court to be unlawful, void or unenforceable such provision shall to the extent required be severed from the Terms and Conditions and rendered ineffective as far as possible without modifying the remaining provisions of the Terms and Conditions and shall not in any way affect any other circumstances or the validity or enforcement of the Terms and Conditions.
You agree that in using the Services you will comply with all applicable laws, statutes and regulations concerning your use of the Services. In particular but without limitation you confirm that you will abide by the following laws:
German law (§§86a ff) prohibits the sale of Literature, DVD’s, MC’s, CD’s, games, videos and other image, sound or data carriers with NAZI propaganda, glorification of violence, anti-Semitism, invocation of racial hatred and similar contents.
You accept under the Terms and Conditions that in using the Services you must act in accordance with article §86 of the ABGB.
French law (Article R645-1 of the penal code) is designed to prevent access by French residents to Nazi memorabilia.
You accept under these Terms and Conditions that in using the Services you must act in accordance with Article R645-1 of the penal code.
20. Entire Agreement
The Terms and Conditions and any document expressly referred to in them represent the entire agreement between us and you in relation to the subject matter contemplated by the Terms and Conditions and supersede any prior agreement, understanding or arrangement between us and you, whether oral or in writing.