ex catalogue stock auctions with xcatauctions
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23 Nov. 2008
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Our Terms

Please also refer to website General Terms below

End of Catalogue / Clearance stock

This is surplus end of range stock which is believed to be in good condition. It may suffer from soiled or damaged packaging and normal manufacturing defects.

Customer Return Stock

This comprises of merchandise returned to the SOURCE COMPANY* as being faulty or defective in some way which for any reason cannot be returned to the original manufacturer. Also merchandise which has suffered from accidental damage within the SOURCE COMPANY’S distribution system, the merchandise may be damaged or it may simply be packaging damage. Part or incomplete items include multipart merchandise where one or more components is missing. In general this category will include both damaged and perfect stock, no guarantee as to the breakdown of damage and perfect stock whether expressed or implied by law will attach to any such sale.

1 (a) that the name of anysource company or of any associated firm or company will not be used in connection with the resale of merchandise.

(b) that the name of anysource company or of any associated firm or company or any trader mark belonging to any such firm or company will be removed by THE PURCHASER from the merchandise or marked in accordance with Xcatauctions instructions prior to resale.

(c) that on no occasion will any catalogue or other promotional literature belonging to anysource company or its associated firms and companies be used in any way whatsoever in connection with the resale of the merchandise.

(d) that all the MERCHANDISE sold to THE PURCHASER thereunder is sold without guarantee as to fitness for purpose and on the understanding that the purchaser will ensure that the goods are made safe and serviceable before re-sale. No warranty whether expressed or implied by law will attach to any such sale. It is the perogative of a purchaser to inspect the merchandise offered for sale. Xcatauctions will assume that such an inspection has been made. Arrangement to inspect can be made with appropriate warehouse staff.

(e) THE PURCHASER will indemnify Xcatauctions from and against any claims whatsoever resulting directly or indirectly from the resale of THE MERCHANDISE by THE PURCHASER

(f) no returns will be accepted from the purchaser, and no credit will be allowed for previously undiscovered defects, discrepancies in description or in quoted quantities.

(g) no statement made by any person as to the quality or condition of any merchandise on offer is to relied upon for the purpose of making an offer to purchase.

(h) All stock is sold 'ex warehouse' Xcatauctions Staff will provide assistance to load stock if required. Collection costs and arrangements are the responsibility of the purchaser.

(i) Any customer returning goods to any retail outlet of a SOURCE COMPANY in order to obtain a full refund will be liable for criminal prosecution by the SOURCE COMPANY.

2. SAFETY TESTS

(a) TOYS. Toys must be accompanied by a CE mark and the name and address of the EUROPEAN company responsible for the mark. Toys containing small parts as defined in BS 5665 must carry the statutory warning ieNOT SUITABLE FOR CHILDREN UNDER 3 YEAR. Plastic bags containing toys must be over 38 microns thick and should carry a child warning label. Toys should not be sold until the following checks have been carried out. Completeness of toy to enable safe assembly including instructions as necessary. Ensure that there are no sharp points or edges and that internal components are not exposed other than functional parts. Toys using low voltage mains power adapters are checked to British Standard 3456 before resale. It is fundamental to the conditions of sale that checks are carried out and that they are satisfactoryPRIOR TO RESALE.

(b) AUDIO

Merchandise is sold on the basis that it is repaired or reconditioned as necessaryPRIOR TO RESALE .Safety tests complying with BS415 must be carried out on merchandise and any remedial work completedBEFORE IT IS OFFERED FOR RESALE.

3. Title The title to each of the items or goods covered by this invoice is not legally transferred until complete payment has been made to Xcatauctions.

SOURCE COMPANY : A source company is designated as the company originally retailing stock to the general public.

Removal of Catalogue numbers

It is a standard requirement of supply that all traders adhere to the rules and regulations laid out below. These rules form an addition to our standard Terms & Conditions laid out on our Invoice.

All Catalogue Numbers or markings must be either crossed out with a permanent marker or obliterated from any and all cartons before re-sale i.e.

Any item carrying the JMB brand name or marking must be crossed out with a permanent marker or obliterated from any and all cartons. The JMB mark situated on the model identification sticker (found on the rear of most items) must be crossed out with a permanent marker or obliterated.

On no occasion will any catalogue or other promotional literature belonging to any catalogue or high street store be used in connection with the re-sale of any item, or be in view of or be left unattended in a public place where stocks are being sold by the trader or anybody acting on his behalf

There must be no use of the catalogues name or associated companies in any form for any reason in connection with the re-sale of stock.

Prams, Pushchairs and Nursery goods Safety Checks

All new and second hand prams and pushchairs must now meet BS 7409:1996. Older prams and pushchairs may be marked BS 4139 or BS 4792. However, even if a pram or pushchair is marked BS 7409:1996, it does not mean that it is safe now and you are advised to check any prams or pushchairs carefully. Many are subjected to very hard wear which may have caused them to become unsafe.

THE MAIN AREAS TO CHECK ARE:

  • Stability

  • No corrosion

  • No sharp edges or points

  • No finger traps (check the folding mechanism on handles particularly)

  • Two separate locking mechanisms to release before the chassis will fold

  • A 5 point harness which is secure and intact (older models may have a 3 point harness)

  • An effective brake

  • Wheels must be firmly attached and running smoothly

  • No small parts or loose fabric that can be detached easily by a child Prams and pushchairs must be sold with proper instructions and warnings.

Children's Car Seats

Should a car seat look second hand or faulty in any way it should be scraped and not sold, you cannot be sure that a second hand seat has not been involved in an accident and been damaged. The seat itself may look perfect but it could fail to protect a second time.

The current European Standard for car seats is ECE R44.03 No car seat should be sold without the proper fitting instructions.

WARNING : Any trader found not complying with any of our terms

and conditions or safety requirements will not be supplied with any stocks

and may also face legal action. There will be no second chances

General Terms and Conditions
This web-site is intended to be a friendly, enjoyable and useful experience, but as with anything concerning any kind of transactions there are risks involved and we strongly advise you to understand all of these terms before joining. If you spot a listing that you feel is violating the general terms and conditions of this web-site as stated below please let us know by contacting us.

Rights To Suspend or Terminate.
You agree that this web-site, in its own discretion, may terminate any auction or use of the service immediately and without notice if (a) We believe that you are not abiding by the general rules of this web-site
(b) You have repeatedly broken a certain term (c) You have listed a suspicious item (d) We believe you to be a non paying bidder. In most cases when we suspect foul play we will suspend your account/listing whilst we investigate further. If our investigation is conclusive then your account with us will be terminated.

Your Conduct.
You are solely responsible for the contents of your actions through this web-site. You must ensure that your participation in the selling or buying of items does not violate any applicable laws or regulations. By this we mean that you must check that you entitled to sell or buy the relevant item and that you are not prohibited from doing so by any law or regulation.
You must not transmit through the service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material. You must also not transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation.

Membership.
Membership to this web-site is only available to those you can form a legally binding contract. This web-site does not permit minors (under
16) to register. If any member fails to signup with their correct age the account will be terminated immediately.

General Terms.
This site acts as the window for sellers to conduct auctions and for bidders to bid on sellers' auctions. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items listed the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot and do not control whether or not sellers will complete the sale of items they offer or buyers will complete the purchases of items they have bid on.
In addition, note that there are risks of dealing with foreign nationals, underage persons or people acting under false pretence.
This Web-site shall not be responsible for any items sold by Auction, for any damage to items during transit or during the inspection period, nor for misrepresentations and/or breaches of contract by either buyer and/or seller. This web-site shall not be responsible for the cost of procurement of substitute goods or any losses resulting form any goods purchased or obtained.
This web-site assumes no liability for the content of the listings.
However if you fall victim of a fraudulent transaction we will assist you as much as we can.

Laws.
These Terms of Service shall be governed by and constructed in accordance with the laws of England and Wales and any disputes will be decided only by the Courts of England and Wales.
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