TERMS AND CONDITIONS
Auction.ufccollectibles.com (the “Site”) is operated by BG Sports Enterprises Ltd t/a The Memento Group (“Memento”).
Please read the following terms and conditions (the “Terms”) carefully before using the Site. All users of the Site agree that access to and use of the Site are subject to the following Terms and other applicable law. If you do not agree to these Terms, please do not use the Site.
You acknowledge that by using the Site or purchasing any item on the Site and acceptance of these Terms creates a binding agreement between you and us only and that we are solely responsible for any claims you or any third party may have relating to the site or the item. Your contract for purchase of an item will have effect from our confirmation of your purchase and ends 14 days after the date of delivery of the relevant item to you. All purchases are subject to payment card verification.
Copyright and Intellectual Property Rights
The entire content included in the Site, including but not limited to text, graphics or code is copyrighted as a collective work under the United Kingdom and other copyright laws, and is the property of Memento. The collective work includes works that are licensed to Memento. Copyright 2003, Memento ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of the Site for the sole purpose of placing an order with Memento or purchasing Memento products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Site solely for your own non-commercial use, or to place an order with Memento or to purchase Memento products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of the Site is strictly prohibited, unless authorized by Memento. You further agree not to change or delete any proprietary notices from materials downloaded from the Site.
All trademarks, service marks and trade names of Memento used in the Site are trademarks or registered trademarks of Memento or its licensors.
The Site and the materials and availability of the Site are provided "as is" and without warranties of any kind, whether express or implied. Memento does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that any defects will be corrected, or that the Site or the server that makes the Site available are free of viruses or other harmful components. Memento does not make any warranties or representations regarding the use of the materials in the Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some jurisdictions do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Memento shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on the Site or the performance of the products, even if Memento has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Whilst we try to ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of any item you have ordered, we will inform you as soon as possible. If the price displayed was higher than the correct price, we will refund you the difference. Where the item's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the item to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the item to you at the incorrect (lower) price. If we are unable to contact you after making reasonable endeavours to do so, you agree that we may treat the order as cancelled. If you choose to cancel after you have already paid the incorrect price, you will receive a full refund from us.
These Terms and conditions are applicable to you upon your accessing the Site and/or completing the registration or shopping process. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Memento may deliver notice to you by means of e-mail, a general notice on the Site, or by other reliable method to the address you have provided to Memento.
Your use of the Site shall be governed in all respects by the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the courts of England and Wales although you may have additional rights afforded to you under applicable consumer laws of your country of residence.
Use of Site
Memento reserves the right to refuse service or access to the platform to anyone for any (or no) reason.
Harassment in any manner or form on the Site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Memento or other licensed employee, host, or representative, as well as other members or users on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
Orders on the Site
All orders placed on the Site across auctions and buy it now are subject to these Terms and our returns and refunds policy (see below).
It is your responsibility to provide the correct address at which you will be able to receive the delivery and we will not be responsible for any errors made herein.
The terms and conditions of the delivery service shall be applicable to the delivery of the item. Currently, this is [DHL] and the relevant terms and conditions can be found on [DHL]’s website ([www.dhl.com]).
We shall not be responsible for any loss or damage from the point that the item is delivered at the address provided.
If your order has been shipped, but you have not received your order within 14 days of receipt of the shipment confirmation, please inform our customer services team so that we can raise a claim with our contracted courier company.
Payment and your request and consent to our retention of your payment information
Before making a bid you must supply us information about the credit card (or other payment method we might allow from time to time) to which any winning bid will be charged; for fixed price offers that you make, you can provide payment information during any check-out process. If you register your payment method, such registration will be your consent to the Retained Payment Method Consent that appears below. Do not register to bid if you do not want to provide that consent.
Only valid credit cards or other payment method acceptable to us may be used and any (if any) refunds will be credited to the same method in our discretion. By designating or registering a payment method, you represent, warrant and agree that you:
a) have provided accurate information about a payment method that is valid and has a balance sufficient to cover a winning bid;
b) authorise us to verify your information and payment method (which we may do, among other ways, by making a small charge (e.g., £4) to your card temporarily -- but once validity is indicated the charge will be eliminated from your actual card statement);c) are authorised to use the designated method;
c) authorise us to charge your order (including all amounts dues such as taxes, shipping and other amount due hereunder) to your payment method; and
d) will keep your payment method and information valid and accurate. If your payment method cannot be verified, is invalid, or is not otherwise acceptable, your purchase (including winning bids) may be suspended or cancelled in our sole discretion. You agree that we may submit charges for processing even if your payment method has expired by the time we submit it. You must resolve any problem we encounter in order to proceed with your purchase. Your contract for your payment method (e.g., your credit card agreement with your credit card issuer) governs your payment method so you should refer to that agreement (not this one) with respect to your rights and liabilities as a payment method holder (such as a cardholder). Please note that taxes may be adjusted from any amounts shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates. You agree to make and keep a copy of records relating to your order such as your order confirmation page.
e) When you checkout online, your card details and personal information is entered on a secured page and transferred by SSL (a secure connection) to Elavon who are our secure e-commerce Payment Provider. Your card details are not stored by us.
Retained Payment Method Consent
You may not bid on or purchase an item without first providing a payment method. If we allow you to register your payment method, that means you want us to keep your payment information on file for use in subsequent auctions. By registering, you request us to do that. You also agree that we may charge to your payment method each subsequent purchase made on the Site using your credentials (e.g., password) until you remove your payment information. You may remove it by following the removal instructions provided once we allow registration or by contacting us at email@example.com. If you remove it before your purchase is complete, however, you will need to timely supply a substitute payment method in order to complete that purchase.
In case we need a signed consent from you, you agree: (a) to adopt your password as a symbol of your signature, and (b) that entering your password in a session using the retained information will be your signature for purposes of signing this Registered Payment Method Consent and/or ratifying any earlier signatures.
You agree to indemnify, defend, and hold harmless Memento, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.
In an attempt to provide increased value to our users, Memento may link to sites operated by third parties. However, even if the third party is affiliated with Memento, Memento has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Memento. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Memento seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work).
Complaints and Comments
If you have any complaints or comments about our Site or any of the products supplied to you, please contact us through the Contact Us section on the Site. Alternatively, you can call us Monday-Friday between 9am and 5pm local UK time. UK customers should call 01327 831536 Customers from outside the UK should call +44 (0) 1327 831536 or email our Customer Service Manager at firstname.lastname@example.org All complaints will be acknowledged within 24 hours of being received, either by telephone or in writing.
Customs and Duty
Unless otherwise stated, all items are shipped from the United Kingdom and may incur duty and other charges upon entering other countries. Any duty, clearance, tax or carrier charges must be borne by the recipient and we will not accept liability for any such costs.
We are unable to advise what the thresholds and rates are for other countries as these are determined by the respective governments and can vary significantly between countries and even items. If upon delivery there are any additional charges due our carrier will contact you to arrange payment.
We reserve the right to change auction rules from time to time, including per item up until the closing of any auction.
Bidding on an item is an offer to buy the item at the price in the bid, provided the bidder's offer is the winning bid at the close of the auction. Each item is its own separate auction.
All bids are made in automatic increments that we will set for each item (e.g., an increment might be £5, £10, £25 or another amount). You may set a “proxy” bid which is the highest amount you are willing to bid: you may increase that amount but may not decrease it.
All bids placed must be a minimum of £1 or in the increments outlined for each item. Some auctions may also be subject to a ‘reserve’ (this is a minimum amount that the seller (UFC Collectibles or private seller) wants and values the item as a condition of being willing to sell). We (UFC Collectibles) hold the right to establish a reserve amount for any item. If an item has a reserve, then this product will clearly be outlined as a ‘reserve auction’.
If a problem occurs with a winning bid in an open auction, we might offer you an opportunity to reinstate your currently unsuccessful bid to a currently winning status at your last bid price (i.e., you might become the winning bidder even though you thought you lost). We may contact you at our option. At your option, you may decline or accept the opportunity to become the winning bidder.
Bid manipulation or “shill” bidding of any kind is expressly forbidden, as is bidding for the sole purpose of increasing the purchase price. The credit card (or any other payment method that we allow from time to time) of the person with the winning bid may be billed at the auction’s close.
Bidders are prohibited from communicating with each other for the purpose of manipulating the final purchase price of an item and from "spamming" (sending unsolicited commercial email to users).
An auction closes at its specified ending time, or five minutes after the last bid is placed, whichever is later (e.g., if people are bidding within 3 minutes of each other, the auction will not end at the scheduled time but will go on until 5 minutes have passed without placement of another bid). Among other goals, this kind of rule is intended to help prevent buyers from being locked out of an auction due to a slow Internet connection.
Auction closing times are approximate, and Memento reserves the right to close an auction earlier or later than the scheduled time. Time clocks used by Memento or its service providers will control in the event of any conflicts regarding closing or other times.
The highest pound amount bid at each auction's close will be the winning bid for that auction. No bid may be viewed as the winning bid until we have confirmed it such as by sending you an email. We also try to confirm losing bids by email.
If the credit card or other payment method is declined for any reason, we may attempt to contact the winning bidder, by phone or e-mail. If we cannot verify your payment method or if we do not receive a BACs payment within 24 hours of the auction’s close, the next highest bidder will become the winning bid and be processed as described above until a bidder with a compliant payment method is found.
An admin fee of 5% is applied to each auction purchase. This will be added on payment of the auction item.
You are not entitled to any refunds or exchanges, so do not bid (directly or automatically via a proxy bid) unless you are willing to buy the item for the bid amount (plus taxes etc.).
You agree not to take any action that would violate applicable laws.
To report a violation of these Terms, please contact us by emailing to email@example.com