Livestock Lounge Limited Bidder Terms and Conditions

Introduction:

The Bidder Conditions together with the Other Documents set out the terms under which a Bidder may participate in Auctions on the Auction Site.

Each User wishing to be a Bidder must read the Bidder Conditions carefully and ensure that they understand them before participating in an Auction.

By registering as a User of the Auction Site, the User agrees to comply with and be bound by the Bidder Conditions.

If a User does not agree to comply with and be bound by the Bidder Conditions, the User will not be able to participate in an Auction as a Bidder.

  1. Definitions and Interpretation
  • In the Bidder Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Account” means a User account to access and use the Auction Site;

“Applicable Laws means all applicable laws and associated requirements of any Authority, including conventions, regulations, directives, statutes, statutory instruments, ordinances, by-laws, orders, notices, decisions, decrees, codes, rules, guidance, guidelines and codes of practice;

“Authority” means any international, national, federal, state, provincial, territorial, regional, municipal or local legislative, governmental or regulatory authority, including any branch, division, ministry, department, agency of the same and any court, tribunal, commission, board or similar authority, with jurisdiction over Us, any User or any matter arising in connection with the Auction Site or an Auction;

“Auction” means any auction that takes place on the Auction Site;

“Auction Site” means the part of Our Site which runs Auctions;

“Bidder” or “Bidders” means a User or Users who bid on Stock in an Auction;

“Bidder Conditions” means these terms and conditions;

“Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on or forms part of the Auction Site including User Content;

“Intellectual Property Rights” means patents and rights in inventions, trademarks, trade names, rights to prevent passing off or unfair competition, rights in internet domain names and website addresses, rights in designs, copyright (including rights in computer software and moral rights), database rights, rights in confidential information including know-how and all other intellectual property rights, in each case whether registered or unregistered and including applications (and the right to apply) for registration and all rights or forms of protection having equivalent or similar effect anywhere in the world;

“Listing” means a listing on the Auction Site advertising Stock for sale in an Auction;

“NBA” means the National Beef Association (company number 03678612), having its registered office address at Tanners House, 20 Gilesgate, Hexham, Northumberland, England, NE46 3QD;

“NBA Terms” means the terms and conditions of sale a) for use by individual members of the national beef association for private sales of pedigree cattle and b) for use by individual cattle breeders for private sales of pedigree cattle issued by the NBA

“Other Documents” means any other document governing the operation and use of Our Site including:

  • the “General Terms of Use” meaning the general terms of use for Our Site found HERE
  • the “Bidder Conditions” meaning the Auction Site terms and conditions for Bidders found at [insert link];
  • the “Seller Conditions” meaning the Auction Site terms and conditions for Sellers found at [insert link];
  • the “Privacy Policy” meaning the privacy policy for Our Site found HERE
  • the “Cookie Policy” meaning the cookie policy for Our Site found at [insert link];
  • the “Acceptable Use Policy” meaning the acceptable use policy for Our Site found HERE
  • the “Advertising Terms and Conditions” meaning the advertising terms and conditions for Our Site found at HERE

“Our Site” means the website https://livestocklounge.com/ of which the Auction Site forms part;

“Payment Service” means the payment service provided by the Third Party Payment Service Provider;

“Person” means, as the context requires, any natural person, body corporate, unincorporated association, partnership or other entity, whether or not having a separate legal personality;

“Seller” or “Sellers” means a User or Users who offer Stock for sale in an Auction;

“Stock” means anything advertised in Listings or sold in an Auction;

“Third Party Payment Service Provider” means PayPal (PayPal (Europe) S.à r.l. et Cie, S.C.A.) whose website is at https://www.paypal.com/uk/home;

“User” means Bidders, Sellers and any other user of the Auction Site;

“User Content” means any Content added to Our Site by a User;

“VAT” means value added tax chargeable under the Value Added Tax Act 1994 and any tax similar or equivalent to value added tax or performing a similar fiscal function; and

“We/Us/Our” means Livestock Lounge Limited a company registered in Scotland, company registration number SC570264 with its registered office at Swordale House, Matheson Road, Bonar Bridge, Scotland, IV24 3AP.

  • References in the Bidder Conditions to:
  • any Applicable Laws, policies and procedures include references thereto as amended, supplemented, replaced, extended or, as applicable, re-enacted from time to time;
  • the words “including”, “include” and “other” shall be construed without limitation;
  • the singular shall include the plural and vice versa unless the context otherwise requires; and
  • a Clause or sub-Clause means a clause of sub-clause of the Bidder Conditions unless specified to the contrary.
  1. Information About Us
  • The Auction Site is owned and operated by Us.
  • Our VAT number is (We are not VAT registered).
  • To contact Us, please email farming@livestocklounge.com
  1. Access to and Use of Auction Site
  • Access to the Auction Site is free of charge.
  • It is the Bidder’s responsibility to make any and all arrangements necessary in order to access the Auction Site.
  • Access to the Auction Site is provided “as is” and on an “as available” basis. We use all reasonable endeavours to ensure that the Auction Site is available and fully functional at all times, however, We may alter, suspend or discontinue the Auction Site (or any part of it) at any time and without notice. If the Auction Site (or any part thereof) is made unavailable and interrupts an Auction in which the User is a Bidder, where reasonably possible and practical, We will either extend the Auction accordingly or restart the Auction take any other action we deem to be fair to both Bidder and Seller. Subject to the foregoing and the remainder of the Bidder Conditions, We will not otherwise be liable to Users in any way if the Auction Site (or any part of it) is unavailable at any time and for any period.
  • Use of the Auction Site is also subject to the Other Documents. Each User must ensure that they have read them carefully and that they understand them.
  1. Age Restrictions

A User may only participate in an Auction if the User is at least 18 years of age.

  1. Auctions
  • The Auction Site is provided solely as an online venue for Bidders and Sellers to participate in Auctions.
  • We are not a party to any transactions or other relationships between Bidders and Sellers. Bidders hereby acknowledge and agree that:
  • Bidders are not making purchases from Us and are not entering into a contract with Us. A Bidder’s purchase is from the Seller and the Bidder’s contract is with the Seller;
  • We will not be a party to any dispute between a Bidder and a Seller or another Bidder. Any claims must be made directly against the party concerned;
  • We do not pre-screen Sellers or any Stock. We are not, therefore, in any way responsible for any Stock or for the content of any Listings; and
  • While all Sellers are required to comply with the Seller Conditions, which include provisions covering important matters such as payment methods, processing times and delivery methods, We recognise that all Sellers are different and may not accept the same payment methods, process transactions within the same time frame or offer the same delivery methods (or prices).
  • Once an Auction has begun, it will run for a pre-determined period of time. Sellers may end the Auction at any time before the end of that period without any obligation to any Bidder.
  • Sellers may change the starting price of Stock at any time, including once an Auction has begun, provided that no Bidder has placed a bid. Prices cannot be changed once a bid has been made (unless all bids are withdrawn).
  • A Bidder may withdraw any bid made in an Auction at any point up until the Auction reaches the end of its predetermined and stated duration. If an Auction ends at the pre-determined time and the Bidder with the highest bid will be the winning Bidder. If a winning Bidder wishes to cancel at this point, please refer to Clause 14.
  1. Intellectual Property Rights
  • The provisions of Clause 6 of General Terms of Use (Auctions) apply to all User Content submitted to the Auction Site, including any and all User Content in Listings.
  • Bidders must, at all times, respect the Intellectual Property Rights of Us and other Users. Under no circumstances may a Bidder use Intellectual Property Rights belonging to another Person without that Person’s prior written consent.
  1. Bidder Rules and Acceptable Usage Policy
  • When using the Auction Site and in particular when participating an Auction, Bidders must do so lawfully, fairly and in a manner that complies with the provisions of this Clause 7.
  • Bidders must:
  • ensure that the Bidder complies fully with all Applicable Laws;
  • always provide accurate, honest information to Sellers.
  • Bidders must not:
  • use the Auction Site in any way or for any purpose, that is unlawful or fraudulent;
  • use the Auction Site to knowingly send, upload or in any other way transmit data that contains any form of virus or other malware or any other code designed to adversely affect computer hardware, software or data of any kind;
  • use the Auction Site in any way or for any purpose, that is intended to harm any Person in any way;
  • engage in any form of bidding manipulation; and
  • use any personal details provided by a Seller except for the purposes of using the Auction Site in accordance with the Bidder Conditions.
  • When using the Auction Site, Bidders must not do anything that:
  • is calculated or is otherwise likely to deceive;
  • is intended or otherwise likely to infringe (or threaten to infringe) another Person’s right to privacy or otherwise uses their personal data in a way that a User does not have a right to;
  • misleadingly impersonates any Person or otherwise misrepresents a Bidder’s identity or affiliation in a way that is calculated to deceive;
  • implies any form of affiliation with Us where none exists;
  • infringes or assists in the infringement of, the Intellectual Property Rights of any other Person; or
  • is in breach of any legal duty owed to a third party including contractual duties and duties of confidence.
  • We reserve the right to suspend or terminate access to the Auction Site and/or a Bidder’s ability to participate in Auctions if a Bidder materially breaches the provisions of this Clause 7 or any of the other provisions of the Bidder Conditions. Further actions We may take include:
  • removing any User Content from the Auction Site;
  • issuing a Bidder with a written warning;
  • legal proceedings against a Bidder for reimbursement of any and all relevant costs resulting from a Bidder’s breach on an indemnity basis;
  • further legal action against a Bidder as appropriate;
  • disclosing such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
  • any other actions which We deem reasonably necessary, appropriate and lawful.
  • We hereby exclude any and all liability arising out of any actions that We may take in response to breaches of the Bidder Conditions.
  1. Purchasing from Sellers
  • As set out above in Clause 5, all transactions in Auctions are between Bidders and Sellers only. We are not a party to such transactions.
  • When making a purchase from a Seller as a winning Bidder, the Bidder expressly agrees that:
  • it has read the description and all details within the relevant Listing carefully and that the Bidder understands and agrees to any and all specific points and issues noted by the Seller;
  • subject to sub-Clause 8.3, the Bidder will pay for the Stock purchased in full and on time, using one of the Seller’s accepted payment methods via the Payment Service, details of which are provided below in Clause 9; and
  • the Bidder has provided complete and accurate delivery details to the Seller.
  • A Bidder may refuse to pay for the Stock and cancel the transaction if the Seller materially changes the description or price of the Stock after the Auction has ended.
  • Where the Seller and the Buyer have agreed to accept these prior to entering the Auction, any bargain made between the Seller and Buyer shall be governed by the NBA Terms provided that the Seller qualifies to use the NBA Terms. Where the Seller indicates that the NBA Terms are to be used, the Seller warrants to the Buyer that the Seller is entitled to offer the Stock subject to the NBA Terms. We accept no responsibility to the Seller or the Buyer for the content or use of the NBA Terms or that the parties are entitled to use the NBA Terms. Any disputes arising between the Buyer and the Seller where the NBA Terms have been used are the responsibility of the Seller and Buyer to resolve pursuant to the NBA Terms. Where the NBA Terms are to be used, the Seller and the Buyer agree to pay Us a fee (NBA Fee) to facilitate any transaction between the Seller and Buyer being subject to the NBA terms. The NBA Fee will be displayed on the Auction Site.
  1. Payment Service
  • All Payments on the Auction Site are made through the Payment Service provided by the Third Party Payment Service Provider.
  • Use of the Payment Service requires an account or guest user sign-in with the Third Party Payment Service Provider and will be subject to its own terms and conditions and privacy policy. Bidders will be required to read and accept those terms and conditions and privacy policy before making payments to Sellers.
  • By using the Payment Service, Bidders acknowledge and agree to Us sharing their personal information and/or information about their transactions on the Auction Site with the Third Party Payment Service Provider for the purposes of enabling the transactions contemplated and fraud prevention.
  • If We receive notice from the Third Party Payment Service Provider that a Bidder’s use of the Auction Site or the Payment Service is in breach of their terms or of any agreement between a Bidder and them, We may take actions including (i) those necessary to rectify a Bidder’s breach; (ii) removing a Bidder’s ability to use the Payment Service to make or accept payments on the Auction Site; and/or (iv) the suspension or termination of a Bidder’s Account.
  • The Third Party Payment Service Provider reserves the right to refuse the use of the Payment Service to anyone, for any reason and at any time.
  1. Payments to Sellers
  • All payments are processed using the Payment Service described in Clause 9.
  • When the Bidder pays for Stock, their payment will be credited to the Seller’s Payment Service Account less any transaction fee which the Seller has authorised us to deduct (Transaction Fee).
  • If a Bidder does not pay, the Seller may cancel the transaction. Please refer to Clause 14 for more information on the Seller’s cancellation rights.
  • We will not make any Bidder’s payment details (including card numbers, bank account numbers and sort codes) available to a Seller at any time or for any reason. All payment details are held securely and shared only with the Third Party Payment Service Provider.
  1. Taxes
  • It is the Sellers’ responsibility to collect and pay applicable taxes on any sales made through the Auction Site.
  • Where any tax (including VAT) forms a part of the price of any Stock on the Auction Site, the tax must be included in the price of the Stock.
  • VAT may be charged to Bidders on purchases and to Sellers on fees payable to Us.
  • If a Seller is VAT registered, the Seller may be required to charge VAT on the Stock that sold on the Auction Site.
  • For further information on VAT and other taxes in the relevant Bidder’s location, Bidders should contact their local tax authority.
  1. Delivery
  • Unless otherwise agreed between Bidder and Seller, Bidders who successfully bid for Stock are required (at the expense of the Bidder) to uplift the Stock from the Seller’s location as soon as is reasonably possible after payment is made at a time convenient for the Bidder and Seller. Unless a Listing has stated otherwise or unless the Bidder has agreed otherwise with the Seller, Stock must be uplifted no later than 10 calendar days after the date on which the Auction ends.
  • Bidders are responsible for ensuring that they check, are aware of and comply with all Applicable Laws including those relating to transportation, welfare and movement notifications when transporting Stock.
  • We are never responsible for delivering Stock to Bidders.
  1. Problems with Transactions and Bidders’ Rights
  • The Stock must be as described in the Listing, in accordance with any pre-contract information that is provided to Bidders.
  • If the Stock does not conform with the requirements outlined in sub-Clause 13.1, the Bidder must contact the Seller as soon as reasonably possible to inform the Seller of the problem. Depending on the nature of the problem, the following remedies will be available to the Bidder:
  • beginning on the day that the Bidder uplifts the Stock, the Bidder has a 5 calendar day right to reject the Stock and to receive a full refund if it does not conform;
  • if the Bidder does not wish to reject the Stock, if the rejection period does not apply or if it has expired, the Bidder may request the Seller to indemnify the Bidder against the costs incurred in remediating any problem (if possible) including veterinary bills;
  • if the Stock still does not conform to description and (where sub Clause 13.2.2 applies) the problem cannot be remedied within a reasonable time or without significant inconvenience to the Bidder, the Bidder may have the right to keep the Stock at a reduced price or to reject it in exchange for a refund of the price paid.
  • Please note that Bidders will not be eligible to claim under this Clause 13 in the following circumstances:
  • the Seller provides details of any problems with the Stock i.e. before the Bidder purchases it and it is because of that/those same issues that the Bidder subsequently wishes to exercise its rights to reject;
  • the problem is the result of acts of the Bidder or its agents.
  1. Further Transaction Cancellation Rights
  • Transactions can be cancelled with the Seller issuing, where applicable, a full refund of any sums paid (including delivery charges) in the following circumstances:
  • the Seller and the Bidder have mutually agreed to cancel the transaction before the Stock is dispatched;
  • the Seller and the Bidder have mutually agreed to cancel the transaction following receipt by the Bidder of the Stock and the Bidder has returned the Stock to the Seller;
  • the Bidder has failed to pay; or
  • the Seller has chosen to refuse service to the Bidder.
  • Refunds must be made within 10 days of:
  • the date on which the Seller and the Bidder agree the cancellation, under sub-Clauses 14.1.1 and 14.1.2; or
  • the date on which the Seller informs the Bidder that they are cancelling the transaction, under sub-Clause 14.1.4.
  • If a refund is issued, We will not refund any Transaction Fee deducted by us in respect of the transaction on the basis that We have delivered the service to both the Bidder and the Seller.
  1. Bidder Account Cancellation Rights
  • A Bidder may close its Account and cancel its agreement with Us by contacting Us at: farming@livestocklounge.com
  • Any outstanding sums due and payable to any Seller will remain payable and the Bidder’s Account will not be fully closed until all sums due have been paid and the relevant transactions completed or cancelled.
  1. Our Liability to Bidders
  • We are not a party to any transactions, other relationships or disputes between Bidders and Sellers. We do not pre-screen Sellers or any Stock that Sellers advertise in Listings. We will not be responsible for any aspect of an Auction or transaction and make no warranties as to the quality, safety or legality of any Stock purchased from Sellers through Auctions. Any claims pertaining to a transaction must be made directly against the Seller concerned.
  • We will be responsible for any foreseeable loss or damage that Bidders may suffer as a result of Our breach of the Bidder Conditions or as a result of Our negligence.
  • Subject to sub-Clause 16.2, to the fullest extent permissible by Applicable Laws, We will not be liable to Bidders for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
  • Nothing in the Bidder Conditions seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
  1. Communication and Contact Details
  • If a User wishes to contact Us with general questions or complaints, they may contact Us by telephone at 077967997467 or by email at farming@livestocklounge.com
  • For matters relating to the Auction Site including the Bidder Conditions, Auctions, transactions, Bidders and other Sellers, please contact Us by telephone at 077967997467 or by email at farming@livestocklounge.com
  • For matters relating to cancellations, please contact Us by telephone at 077967997467 or by email at farming@livestocklounge.com or refer to the relevant Clauses above.
  1. Data Protection
  • All personal information that We may use will be collected, processed and held in accordance with Applicable Laws including the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”).
  • For complete details of Our collection, processing, storage and retention of personal data including the purposes for which personal data is used, the legal basis or bases for using it, details of Bidders’ rights and how to exercise them and personal data sharing (where applicable), please refer to the Privacy Policy at https://livestocklounge.com/privacy-policy-2/
  • Sellers will also collect, hold and process Bidders’ personal information in the course of transactions (for example, names, email addresses and postal addresses). Sellers are required to have their own privacy policy in place to govern the collection, processing and holding of Bidders’ personal data. Please consult the Seller’s policy before entering into a transaction with them. Bidders should ensure that they have read, understood and agree to the Seller’s policy. Sellers are considered data controllers under Applicable Laws relating to data protection and will be responsible for complying with legal obligations and protecting Bidders’ rights.
  • Bidders must only use the personal data of other Users to the extent necessary to complete a transaction, to communicate about a specific transaction, to communicate via the Auction Site and/or to respond to messages from them. Bidders may not add any User to a mailing list, use a User’s data for marketing or retain any payment details. Bidders may only use another User’s personal data for additional purposes with their consent.
  1. Other Important Terms
  • We may transfer (assign) Our obligations and rights under the Bidder Conditions to a third party (this may happen, for example, if We sell Our business). If this occurs, Users will be informed by Us in writing. Bidders’ rights under the Bidder Conditions will not be affected and Our obligations under the Bidder Conditions will be transferred to the third party who will remain bound by them.
  • Bidders may not transfer (assign) their obligations and rights under the Bidder Conditions without Our prior written permission.
  • If any of the provisions of the Bidder Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provisions shall be deemed severed from the remainder of the Bidder Conditions. The remainder of the Bidder Conditions shall be valid and enforceable.
  • No failure or delay by Us in exercising any of Our rights under the Bidder Conditions means that We have waived that right and no waiver by Us of a breach of any provision of the Bidder Conditions means that We will waive any subsequent breach of the same or any other provision.
  • We may revise the Bidder Conditions from time to time in response to changes in relevant laws and other regulatory requirements.
  1. Law and Jurisdiction
  • The Bidder Conditions and the relationship between Bidders and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of Scotland.
  • Any disputes concerning the Bidder Conditions, the relationship between a Bidder and Us or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of Scotland.