Auctionchex.com
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Terms

TERMS OF AGREEMENT:
This agreement is between two parties with the intention of completing a financial transaction. In order to complete this transaction, the two parties (Buyer and Seller) have agreed to utilize the services of auctionchex.com in order to facilitate the completion of the transaction.

CAUTION:
The use of this service is intended to reduce the risks to Buyers and Sellers of products and services sold over the internet however we strongly advise that you practice good judgment and sound precautionary measures by obtaining as much information as practical about the Buyer (and Seller) and the product and services being exchanged.

THE TRANSACTION:
Auctionchex retains the Purchase funds of the Buyer until the Seller has dispatched the item(s) to the Buyer.
ALL despatches must be via an insured means and one that provides proof of delivery. Upon confirmed receipt and/or acceptance of the item(s) by the Buyer, auctionchex.com will forward the Buyer's purchase money to the Seller.
If the Buyer does not accept the item(s) within the agreed inspection period, the Buyer will return the item(s) using the same delivery method, to the Seller and upon confirmed receipt by the Seller, auctionchex.com will return to the Buyer the purchase money less any fees due.
Both Buyer and Seller acknowledge and agree that auctionchex.com is providing its escrow service for the limited purpose of providing a system where the purchase monies and purchased item(s) can be confirmed as outlined above.
Auctionchex.com is responsible for informing both parties that the Buyer has received the item(s) from the Seller as acknowledged by notice from the Buyer or delivery service. Delivery is deemed completed when the delivery service has released the item(s) to the Buyer, regardless of any signature requirement.

LIABILITY:
As an escrow agent, auctionchex.com is neither responsible nor liable for the following:
Damage to goods in transit or during the Buyer's inspection period.:
It is the responsibility of the Buyer and the Seller to ship the item(s) by a bonafide method with adequate insurance to cover any losses or damage that may occur.
Any breaches or misrepresentations, nor for breaches of contract between the Buyer and Seller:
auctionchex.com is not liable for any damages arising from or connected with this agreement. The financial liability of auctionchex.com for any loss to either party is limited solely to the fees charged.
The Buyer and the Seller agree to use auctionchex.com escrow service at their own risk:
auctionchex.com will make every effort to perform its duties and responsibilities to the best of its ability however auctionchex.com makes no warranty that their services will meet the user's requirements or that the service will be uninterrupted, timely, secure or error free.
In the event that payment has been received in a currency other than GBP and a refund to the Buyer or Seller has to be made:
auctionchex.com will not be responsible and accepts no liability for the devaluation of funds refunded to the Buyer or Seller.

THE SELLER DECLARES:
The Seller declares that they have absolute and unrestricted title to the item(s) they have agreed to sell to the Buyer and that the sale does not contravene any United Kingdom law or any law of the sovereign nation they either reside in or are shipping to.
The Seller declares that they have the uncontested and legal right to sell the item(s) involved in this transaction.
The Seller must ensure that a copy of the dispatch documents, for goods sent to the Buyer, are available to be mailed or faxed promptly to auctionchex.com if so requested.

THE BUYER CERTIFIES:
The Buyer certifies that they will accept the item(s) in good faith and will inspect the item(s) within the inspection period and that if they do not reject the item(s) within said period, auctionchex.com will release the funds to the Seller unless an extended inspection period has been agreed upon prior to the expiry of the original inspection period. The Buyer further certifies that they will not alter, disassemble, convert or willfully damage the item(s) received from the Seller during the period of this transaction.
The Buyer agrees that auctionchex.com is not liable for damaged goods or faulty delivery. Responsibility for the safe and satisfactory delivery of goods is between the Buyer and Seller. Once the Buyer has accepted the item(s) and/or upon expiration of the inspection period, the funds released to the Seller are non-refundable unless agreed otherwise.
If notification by the Buyer to return the goods has been received by auctionchex.com within the agreed inspection period, auctionchex.com will not return money to the Buyer until confirmation from the Seller of the return of the item(s) has been received. Upon receiving notification and barring any claim by the Seller that the item(s) returned are not the same or in the same condition as those shipped to the Buyer originally by the Seller, the amount of the purchase price will be returned to the Buyer, less any fees accrued.

INDEMNIFICATION:
The Buyer and Seller agree to indemnify and hold harmless auctionchex.com from any claim or demand arising out of the Buyer's or Seller's use of auctionchex.com services or for breaches of this contract. In the event that the item(s) are unsatisfactory for any reason, the Buyer and Seller agree to look solely to each other for any and all legal remedies.

DISPUTE RESOLUTION:
Any dispute between either party and auctionchex.com arising out of or in connection with this Agreement shall be referred to and finally resolved by arbitration administered by C.E.D.R.'s Dispute Resolution Service and be pursuant to its rules. The place of arbitration shall be the United Kingdom.

GENERAL:
Users of this site are responsible for maintaining the confidentiality of their password and are solely responsible for any and all activities that may occur within their account. Any user of this Website agrees to immediately notify auctionchex.com of any unauthorized use of their account or any breach of security. auctionchex.com reserves the right to change this Agreement and to change the Website at any time. auctionchex.com will periodically make changes to this Agreement and the Website by posting changes on the Website. Any Seller, Buyer, or other user of this site acknowledges that they have the duty to periodically check the Website for any changes, and that, other than posting the changes on the Website, auctionchex.com has no obligation to send any Seller, Buyer or any other user of this Website any other notice of change to this Agreement or the Website. No such change will affect any transaction that is in progress. No oral modification to this Agreement shall be binding on any party. The Buyer and Seller acknowledge that auctionchex.com is NOT a trustee and that any interest accrued from any monies paid by the Buyer or Seller while that money is in an auctionchex.com Banking Account belongs to auctionchex.com.

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