DIGGER BIDDER – WEBSITE TERMS AND CONDITIONS

THIS DOCUMENT SETS OUT THE TERMS AND CONDITIONS (“TERMS”) ON WHICH DIGGER BIDDER LTD (“DIGGER BIDDER”, “US”, “WE”) PROVIDES YOU WITH ACCESS TO AND USE OF THE SERVICES LOCATED AT WWW.DIGGERBIDDER.COM (“WEBSITE”).

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. BY USING THE SERVICES IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS.

IF YOU ARE USING THE SERVICES ON BEHALF OF YOUR EMPLOYER OR ACTING AS AN EMPLOYEE, YOU WARRANT THAT YOU ARE AUTHORISED TO ENTER INTO LEGALLY BINDING CONTRACTS ON BEHALF OF YOUR EMPLOYER. THE SAME RIGHTS, LIMITATIONS AND RESTRICTIONS APPLY TO YOUR EMPLOYER. YOU AGREE THAT THESE TERMS ARE ENFORCEABLE AS IF THEY WERE A WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOUR EMPLOYER.

YOU ARE ADVISED TO PRINT AND RETAIN A COPY OF THESE TERMS AND CONDITIONS FOR YOUR FUTURE REFERENCE.

The General Conditions under Section A shall be applicable to all Registered Users and Non-Registered Users of the Website and/or the Services.

If you are a Buyer, Section B set out herein shall apply in addition to the General Conditions.

If you are a Seller, Section C set out herein shall apply in addition to the General Conditions.

IMPORTANT NOTICE: As a Registered User of the Website You will enter into a contract directly with a Buyer or Seller for the provision of the Goods listed on the Website. Digger Bidder is not a party to that contract, and Buyers and Sellers will be separately responsible and liable to one another under the terms of that contract.

SECTION A: GENERAL CONDITIONS
1. DEFINITIONS
2. INFORMATION ABOUT DIGGER BIDDER
3. REGISTRATION AND ACCESS TO THE SERVICE
4. FORMATION OF THE CONTRACT BETWEEN YOU AND DIGGER BIDDER
5. REGISTRATION
6. OUR OBLIGATIONS TO YOU
7. YOUR OBLIGATIONS TO US
8. USER SUBMITTED CONTENT
9. INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS
10. LICENCE
11. TERM AND TERMINATION
12. DISCLAIMER
13. EXCLUSION OF WARRANTIES AND LIABILITIES
14. PRIVACY STATEMENT
15. FORCE MAJEURE
16. DISPUTES AND COMPLAINTS
17. GENERAL
SECTION B: BUYERS ADDITIONAL CONDITIONS
18. PURCHASING GOODS
19. PURCHASING GOODS FOR A FIXED PRICE
20. PURCHASING GOODS VIA AUCTION
21. THE BID PROCESS
22. DELIVERY OF THE GOODS
23. TERMINATION
SECTION C: SELLERS ADDITIONAL CONDITIONS
24. SELLING GOODS
25. SELLING GOODS FOR A FIXED PRICE OR VIA ACTION
26. THE BID PROCESS
27. CHARGES AND PAYMENT
28. DELIVERY OF THE GOODS
29. YOUR ADDITIONAL OBLIGATIONS AS A SELLER
30. TERMINATION

SECTION A: GENERAL CONDITIONS

1. DEFINITIONS

The following words and expressions shall have the following meanings:

“Account” means the account which you set up when you register your details on the Website;

“Auction” means the online auction of Goods through the Website permitting Buyers to place Bids during the Auction Period in an attempt to become the Winning Bidder;

“Auction End Date” means the date upon which the Auction comes to an end and/or the date upon which the Fixed Price Goods can no longer be purchased; 

“Auction Period” means the duration of each Auction, as set by the Seller, during which Bids can be placed;

“Bid” means the placing of an offer by a Buyer during the Auction Period and confirming such action by clicking ‘Yes, place bid’;

“Buyer” means a person or business registered with Digger Bidder and having access to all or part of the Services, which are more particularly described on the Website;

“Content” means all information (in all current and future formats) created by Users, submitted to and/or published by Digger Bidder on the Website including, without limitation, Listings, messages, profiles and ratings;

“Contract” means the contract between Digger Bidder and You in respect of the relevant and applicable Services and which incorporates these Terms;

“Fixed Price” shall have the definition set out at clause 19.1;

“Goods” means the goods made available for purchase on the Website by the Seller;

“Highest Bid” means, at any time during an Auction, the then current highest Bid placed by any one Buyer in respect of the Goods;

“Insertion Fees” means the fees payable by a Seller to Digger Bidder for each Listing on the Website as set out below and on the Website from time to time;

“Intellectual Property Rights” means all intellectual property rights including, without limitation, patents, trade and service marks, trade names, domain names, right in designs, copyrights, moral rights, topography rights, rights in databases, trade secrets and know-how and in all cases whether or not registered or registrable and including registrations and applications for registration of any of these and rights to apply for the same, and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these anywhere in the world;

“Listing” means the creation of a listing of Goods made available for purchase on the Website via an Auction, for a Fixed Price or a combination of an Auction and a Fixed Price;

“Listing Information” means the information provided in relation to a Listing, which includes, without limitation, an accurate description and photographs of the Goods;

“Login Details” means the usernames and passwords used by you to access certain functionalities of the Website;

“Network” means the electronic communications network used by Us to provide the Services;

“Non Registered User” means a person or business who is not a Registered User and to whom Digger Bidder has granted access to view and Use the Website and Use certain features and functionalities of the Services as described on the Website;

“Price” means the amount payable for the Goods, being either the Highest Bid in an Auction or the Fixed Price of the Goods quoted on the Website and which may be subject to VAT;

“Privacy Statement” means such policy in relation to data protection and privacy as is displayed on the Website from time to time;

“Profile” means information, including, without limitation, the username, ratings history and company details (where applicable) relating to the Registered User (which may or may not be fully accessible by other Users) held by Digger Bidder and published on the Website;

“Purpose” means to copy, display, distribute, sub-licence, host, retain for archiving purposes, publish for Digger Bidder’s own business purposes, including but not limited to purposes in respect of the Services and/or the Website;

“Registered User” means a Buyer or Seller with an Account;

“Final Sale Fees” means the fees payable by a Seller to Digger Bidder for each sale made via the Website as set out below and on the Website from time to time;

“Seller” means a person or business registered with Digger Bidder and offering Goods for sale to Buyers on the Website;

“Seller Fees” means the combination of Insertion Fees and Final Sale Fees;

“Seller Terms” means any terms and conditions of the Seller for the purchase of their Goods made available on the Website from time to time;

“Services” means the services made available by Digger Bidder to Users through the Website;

“Use”, “use” means having access to the relevant and accessible Services and “Using” shall be construed accordingly;

“User” means both Registered Users and Non-Registered Users of the Website;

“Winning Bidder” means the Buyer who, at the end of the Auction Period, has placed the Highest Bid for the Goods; and

“You”, “you”, “Your”, “your” means, where applicable, the Non Registered User or the Registered User.

2. INFORMATION ABOUT DIGGER BIDDER

2.1 This Website (and its domain name) is owned and managed by Digger Bidder and/or its licensors.

2.2 Digger Bidder Ltd is registered in England and Wales under company number 08257142 and with our registered office at 9 Suffolk Road, Westbury, Wiltshire, BA13 3FD and main trading address at Suite 175, 3 Edgar Buildings, George Street, Bath, BA1 2FJ.

2.3 The Website is an online marketplace offering Buyers the opportunity to purchase Goods and participate in Auctions by placing Bids and Sellers the opportunity to sell Goods for a Fixed Price or via an Auction. You can access the Website either as a Non Registered User or Registered User.

2.4 Digger Bidder may be contacted at Suite 175, 3 Edgar Buildings, George Street, Bath, BA1 2FJ or by email at enquiries@diggerbidder.com or by telephone on 0845 220 6050.

3. REGISTRATION AND ACCESS TO THE SERVICE

3.1 You must be:

  • 3.1.1 where you are an individual, eighteen (18) years old or over;
  • 3.1.2 legally capable of entering into binding contracts; and
  • 3.1.3 not in any way prohibited by the applicable law in the jurisdiction which you are currently located to enter into these Terms,
  • to Use the Website.

3.2 You may, at our sole discretion, access certain features and elements of the functionalities of the Services as a Non Registered User.

3.3 In the event you wish to access additional features and functionalities of the Services, you shall be required to become a Registered User.

3.4 By Using the Website and/or the Services, you warrant that you have the right, authority and capacity, in respect of your status as a Non Registered User or Registered User, to enter into and be bound by these Terms.

4. FORMATION OF THE CONTRACT BETWEEN YOU AND DIGGER BIDDER

4.1 The date for the commencement of your Contract with Us shall be determined as follows:

  • 4.1.1 if you are a Non Registered User, then upon your first use of the Website; or
  • 4.1.2 if you are a Registered User, then upon the registration of your details with Us;
  • and such Contract shall be effective and in force until terminated by either party in accordance with clause 11, 23 or 30 hereunder.

4.2 Notwithstanding the foregoing, we reserve the right at our sole and absolute discretion and for any reason whatsoever to:

  • 4.2.1 accept or reject your application as a Registered User; and/or
  • 4.2.2 refuse you access to the Website and/or Services or part thereof.

5. REGISTRATION

5.1 In order to sell or buy Goods on the Website you will need to set up an Account as a Registered User.

5.2 By registering your details and setting up an Account you consent to Digger Bidder conducting verification and security procedures in respect of the information provided by you online.

5.3 You hereby warrant that the information provided by you to Digger Bidder is true, accurate and correct. You further warrant that you shall promptly notify Digger Bidder in the event of any changes to such information.

5.4 Upon the completion and submission of the online registration form on the Website, you shall be sent an email (“Registration Email”) to the email address you provided on the registration form. This Registration Email will contain your Account password. Your Account will not be accessible until you have received the Registration Email with your Account password.

5.5 Where you are a Registered User, we will provide you with Login Details to access certain features and functionalities of the Services. You shall keep your Login Details confidential and secure. Without prejudice to Digger Bidder’s other rights and remedies, we reserve the right to promptly disable your Login Details and suspend your access to the Services (in part or in whole) in accordance with clause 11 if we have reason to believe that you have breached this clause 5.5.

6. OUR OBLIGATIONS TO YOU

6.1 Our ability to provide the Services and the availability of the Website may be impaired by conditions or circumstances that are beyond our control, including, without limitation, third party service providers, geographic or atmospheric conditions, local physical obstructions, software and hardware features or functionality of your personal computer operating system and the number of other Users logging onto the Website, server and Network at the same time.

6.2 Digger Bidder relies on third party providers (such as network providers, data centres and telecommunication providers) to make the Website and the content therein and the Services available to you. Whilst Digger Bidder takes all reasonable steps available to it to provide you with a good level of service, you acknowledge and agree that Digger Bidder does not warrant that the Website shall be uninterrupted or fault-free at all times. Digger Bidder therefore shall not be liable in any way for any losses you may suffer as a result of delays or failures of the Services and Website as a result of Digger Bidder’s service providers.

6.3 Digger Bidder reserves the right to make changes to the Services and/or the Website or part thereof from time to time and we may add, remove, modify and/or vary any elements of features and functionalities of the Services.

6.4 Digger Bidder shall be entitled at its own discretion to suspend the Website for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades and shall not be liable to you for any losses, damages, costs or expenses arising from or in connection with any suspension or unavailability of the Website, including but not limited to preventing you from selling or purchasing any Goods, or using any of the Services available on the Website.

6.5 Digger Bidder also reserves the right from time to time to monitor your Use of the Website and/or Services.

7. YOUR OBLIGATIONS TO US

7.1 You are entitled to, subject to the terms herein, upgrade from Non Registered User status to Registered User at any time during the term of your Contract.

7.2 You shall comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including, without limitation, any and all consumer law, export control laws and regulations.

7.3 You hereby warrant and undertake to us that you have the legal capacity to enter into these Terms and You shall at all times:

  • 7.3.1 not do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the Network;
  • 7.3.2 comply with instructions issued by Digger Bidder (or its employees or representatives) from time to time relating to the Website and/or Services;
  • 7.3.3 co-operate with reasonable security or other checks or requests for information made by Digger Bidder from time to time;
  • 7.3.4 not use the Website and/or Services and shall not do anything that will infringe any Intellectual Property Rights or other rights of any third parties, including, without limitation, posting any information (in any format) on the Website which may be deemed to be obscene, defamatory, libellous or slanderous, or which may cause injury to, invade the privacy of or otherwise violate other rights of any person;
  • 7.3.5 not use any information obtained using the Website and/or the Services otherwise than in accordance with these Terms;
  • 7.3.6 contact our team immediately by clicking the ‘Report User’ link on the user profile page or by email at enquiries@diggerbidder.com or by telephone on 0845 220 6050 if you suspect fraudulent, unlawful or illegal use of the Website and/or the Services;
  • 7.3.7 notify Digger Bidder immediately of any circumstances where any Intellectual Property Rights or any other rights of any third party may have been infringed;
  • 7.3.8 use the information retrieved from the Services and/or the Website at your own risk and that you shall be solely responsible for any illegal conduct, infringement of any third party Intellectual Property Rights and/or any breaches in any applicable laws and legislations;
  • 7.3.9 not do anything which involves the transmission of junk mail, chain letters, unsolicited mass mailing, instant messaging, “spimming” or “spamming”; and
  • 7.3.10 comply with all applicable laws, regulations and legislations in respect of your Use of the Website and/or the Services.

7.4 For the avoidance of doubt, as a User, you shall at all times be fully liable for the breach of any of these Terms by a third party using your Login Details to access the Services.

7.5 You shall at all times maintain a valid active email address for your use of the Website and respond promptly to any questions received from a User in relation to a purchase on the Website.

7.6 Digger Bidder reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the terms set out in this clause 7.

7.7 In the event that you have a dispute with another User, you hereby release Digger Bidder from any claims, demands and damages (whether actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such dispute.

8. USER SUBMITTED CONTENT

8.1 Where you Use the Website and/or Services as a User, you undertake:

  • 8.1.1 not to submit Content of whatsoever nature on the Website which is or may be construed to:
    • 8.1.1.1 promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
    • 8.1.1.2 harass or advocate harassment of another person;
    • 8.1.1.3 display pornographic or sexually explicit material of any kind;
    • 8.1.1.4 promote any conduct that is abusive, threatening, obscene, defamatory or libellous;
    • 8.1.1.5 promote any illegal activities, including but not limited to violating someone else’s privacy or providing or creating computer viruses;
    • 8.1.1.6 infringe the rights (including the intellectual property rights) of any third party; and
    • 8.1.1.7 solicit a password or any other personally identifying information from other Users of the Website and/or Services for unlawful and illegal purposes.

8.2 Digger Bidder has the sole and absolute discretion to accept, modify, edit, vary, re-format, or reject the Contents submitted to it by the User for the publication of such Contents on its Website.

8.3 You acknowledge that submitting Content does not guarantee that such Content, or any part thereof, shall appear on the Website, whether or not the submission of such Content is part of the Services.

8.4 You hereby grant to Digger Bidder a non-exclusive, perpetual, irrevocable, worldwide licence to, at its sole discretion, choose to display or to remove any Content or any part of the same that you make available on the Website.

8.5 You hereby warrant and undertake to us that you will contact Digger Bidder using the ‘Report User’ link on the user profile page or at enquiries@diggerbidder.com immediately if you consider any Content submitted by another User to breach any of the Terms herein.

8.6 If you feel that any Content submitted by another User is objectionable, please contact Digger Bidder at enquiries@diggerbidder.com or select the ‘Report User’ link. Digger Bidder shall use its reasonable endeavours to review the relevant Content as soon as it is practicable and shall take such action as it deems necessary, if any at all.

9. INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS

9.1 Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Digger Bidder to You, any Intellectual Property Rights owned by and/or licensed to Digger Bidder and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Digger Bidder and/or its licensors.

9.2 Unless otherwise expressly set out to the contrary, all Intellectual Property Rights in the Content shall remain exclusively with You and/or Your licensors.

9.3 You are expressly prohibited from:

  • 9.3.1 reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website;
  • 9.3.2 removing, modifying, altering or using any registered or unregistered marks/logos owned by or licensed to Digger Bidder; and
  • 9.3.3 doing anything which may be seen to take unfair advantage of the reputation and goodwill of the Website and/or Service or could be considered an infringement of any of the Intellectual Property Rights owned and/or licensed to Digger Bidder without first obtaining the written permission of the owner of such Intellectual Property Rights.

9.4 You warrant and represent that you own or are licensed to use any and all patents, trade marks (whether registerable or non-registerable), designs, rights in database, rights in software (including, without limitation, the source and object code), copyright and all proprietary rights in all the Content that you submit to the Website as part of your use of the Services.

10. LICENCE

10.1 Subject to these Terms, you hereby grant Digger Bidder a non-exclusive, perpetual, non-terminable, transferable, sub-licensable and royalty-free licence to use the Intellectual Property Rights owned by and/or licensed to you in the Content for the Purpose.

10.2 You hereby unconditionally and irrevocably waive all moral rights attaching to the Content pursuant to Chapter IV of Part I of the Copyright, Design and Patents Act 1988 and any similar or corresponding rights.

10.3 You hereby agree that Digger Bidder may:

  • 10.3.1 upon obtaining prior consent from You (such consent not to be unreasonably withheld), refer to You in any of its marketing material as a customer of Digger Bidder and refer to the type of services that Digger Bidder has provided to You; and
  • 10.3.2 use any of your trademarks and/or logos in Digger Bidder marketing and publicity materials for its publicity and marketing purposes.

10.4 You hereby indemnify and shall keep Digger Bidder indemnified against all losses, liabilities, costs and expenses (including, without limitation, legal costs) suffered or incurred by Digger Bidder arising from or in connection with any infringement of any third party Intellectual Property Rights arising out of or in connection with Digger Bidder’s use and/or possession of the Content for the Purpose.

11. TERM AND TERMINATION

11.1 Subject to clause 11.2 and 11.3 and unless otherwise expressly set out to the contrary in these Terms, our Contract with you shall remain in force:

  • 11.1.1 where you are a Non Registered User, for the duration in which you Use the Website; or
  • 11.1.2 where you are a Registered User, for the duration of your registration with us.

11.2 Digger Bidder may terminate your Contract at any time and for any reason on the provision of no less than fourteen (14) days written or email notice to you.

11.3 Digger Bidder reserves the right to suspend and/or terminate your access to the Website and/or the Services immediately on notice if:

  • 11.3.1 the Network owner ceases to make the Network available to Us;
  • 11.3.2 We believe that You and/or someone using your Login Details has failed to comply with one or more of these Terms;
  • 11.3.3 We believe that there has been fraudulent use, misuse or abuse of the Website and/or the Service, including any breach of clause 7.3 and/or 7.4; or
  • 11.3.4 We believe that you have provided us with false, inaccurate or misleading information in respect of your registration and/or Use of the Website and/or the Service.

11.4 For the avoidance of doubt, if your Services have been terminated by Us in accordance with these Terms, your access to the Services (in whole or in part) as a User shall cease.

11.5 Upon the termination of your Contract for any reason and subject to payment of an additional fee, we shall provide you with such access to the Website for a period of 30 days from the termination of the Contract to enable you to retrieve any of your Content stored on the Website. On the expiry of the aforementioned period, you will no longer have access to the Content and we reserve the right to delete or destroy any such Content in our possession and/or stored on the Website.

12. DISCLAIMER

12.1 The Website may include facts, views, opinions, advice and recommendations from other Users which may or may not be endorsed by Digger Bidder and Digger Bidder shall to the maximum extent permitted by law exclude all liability in respect of the reliability, legality, legitimacy, accuracy, correctness, defamatory nature, completeness, timeliness or otherwise of all information published or made available to you on the Website and/or the Services.

12.2 All information published on the Website and/or made available through the Services including, without limitation, the Content, is intended as information only and does not in any way constitute advice of any nature. Your use and reliance on the information made available on the Website and/or through your use of the Service shall be at your own risk and Digger Bidder shall not be liable whatsoever for any damages and/or loss which you may incur as a result of or in connection with your use and reliance of such information and/or Content.

12.3 Commentary and other materials posted on the Website or provided by Digger Bidder are not intended to amount to advice on which reliance should be placed. Digger Bidder therefore disclaims all liability and responsibility arising from any reliance placed on such materials by any User of the Website, or by anyone who may be informed of any of its contents. Further, responsibility for decisions taken on the basis of information, suggestions and advice given to you by Digger Bidder shall remain solely with you.

12.4 Digger Bidder does not in any way participate nor shall it be liable in any way for whatever reason for any communication, transaction, meet-up, set-up or relationship between you and other Users of the Website. Digger Bidder therefore recommends that you take all safety precautions when contacting other Users, viewing or inspecting Goods, and/or arranging payments outside of the Website.

13. EXCLUSION OF WARRANTIES AND LIABILITIES

13.1 Unless expressly provided to the contrary in these Terms and to the maximum extent permitted by law, Digger Bidder excludes all representations, warranties, obligations and liabilities in connection with the information provided through the use of the Service and/or the Website, including but not limited to warranties of satisfactory quality, non-accuracy, completeness, reliability, fitness for a particular purpose or otherwise.

13.2 Subject to clauses 13.3, 13.4 and 13.5, if Digger Bidder fails to comply with these Terms, Digger Bidder shall be entitled to be given reasonable opportunity to rectify any errors and to re-perform its obligations hereunder.

13.3 Digger Bidder does not warrant or guarantee the accuracy, correctness, reliability, suitability or at all in respect of any Content or any other information made available to you through your use of the Website and/or Services. Digger Bidder advises you not to rely on it to assist in making or refraining from making a decision, or to assist in deciding on a course or specific cause of action. If you so intend to use and/or rely upon any Content, or any other information made available to you through your use of the Website and/or Services, you do so at your own risk and liability.

13.4 In the event that a claim or action is brought against Digger Bidder in connection with or arising from your activities or Use of the Services and/or the Website, including any breach by you of these Terms or any charges or complaints made by other parties against you, you agree to pay, hold harmless and defend Digger Bidder in such a claim or action. You also agree to cooperate as fully as reasonably required in the defence of any claim and allow Digger Bidder to assume the exclusive defence and control of such matter.

13.5 Links to third party websites may from time to time appear on the Website. Such third party websites are not the responsibility of Digger Bidder and Digger Bidder accepts no responsibility for the availability, suitability, reliability or content of such third party websites and does not necessarily endorse the views expressed within them.

Our liability if you are a personal User

13.6 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms and such amount that we may pay to you for such loss or damage you suffer under or arising out of your Contract shall be limited in the aggregate to five hundred pounds (£500.00).

13.7 We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.

13.8 In the event that you have a claim or right of action against any other User arising from their Use of the Service, you agree to pursue such a claim or action independently of and without any demands from Digger Bidder, and you fully and completely release Digger Bidder from all claims, liability and damages arising from or in any way connected to such claim or action.

13.9 We do not exclude or limit in any way our liability for:

  • 13.9.1 death or personal injury caused by our negligence;
  • 13.9.2 fraud or fraudulent misrepresentation;
  • 13.9.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
  • 13.9.4 breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples).

Our liability if you are a professional User

13.10 Nothing in these Terms limits or excludes our liability for:

  • 13.10.1 death or personal injury caused by our negligence;
  • 13.10.2 fraud or fraudulent misrepresentation; and
  • 13.10.3 any breach of the obligations implied by section 2 of the Supply of Goods and Services Act 1982.

13.11 Digger Bidder’s maximum liability to you under, arising from or in connection with your Contract, whether arising in contract, tort (including negligence) or otherwise, shall not exceed in aggregate five hundred pounds (£500.00).

13.12 Subject to clause 13.10, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

  • 13.12.1 any loss of profits, sales, business, or revenue;
  • 13.12.2 loss or corruption of data, information or software;
  • 13.12.3 loss of business opportunity;
  • 13.12.4 loss of anticipated savings;
  • 13.12.5 loss of goodwill; or
  • 13.12.6 any indirect or consequential loss howsoever arising, and including, without limitation, any loss in respect of which you have notified Digger Bidder may be incurred.

14. PRIVACY STATEMENT

We enforce a strict privacy policy which is available by clicking here. The terms of the Privacy Statement form part of these Terms and you agree to be bound by them.

15. FORCE MAJEURE

15.1 Digger Bidder shall not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by events outside its reasonable control (“Force Majeure Event”).

15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Digger Bidder’s reasonable control and includes in particular (without limitation) the following:

  • 15.2.1 strikes, lock-outs or other industrial action;
  • 15.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  • 15.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
  • 15.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  • 15.2.5 impossibility of the use of public or private telecommunications networks; and
  • 15.2.6 the acts, decrees, legislation, regulations or restrictions of any government.

15.3 Digger Bidder’s performance under these Terms is deemed to be suspended for the period that the Force Majeure Event continues, and Digger Bidder shall have an extension of time for performance for the duration of that period. Digger Bidder will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which its obligations under these Terms may be performed despite the Force Majeure Event.

16. DISPUTES AND COMPLAINTS

16.1 In the event that you have a dispute with another User, you hereby release Digger Bidder from any claims, demands and damages (whether actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such dispute.

16.2 If you have reason to believe that any of the terms herein have been breached or you have a complaint to make, please email Digger Bidder at: enquiries@diggerbidder.com or write to: Suite 175, 3 Edgar Buildings, George Street, Bath, BA1 2FJ. All notification and communication to Digger Bidder should be sent to the contact details provided herein.

16.3 If you have any complaints in relation to another User, we would advise in the first instance to discuss this with that User. In the event that such discussions do not result in a resolution to the complaint, you may contact Digger Bidder by clicking the ‘Report User’ link on the user profile page. Digger Bidder will use its reasonable endeavours to assist with the matter, however, please note that the contract for the purchase of the Goods is between the Buyer and Seller and Digger Bidder is not a party to that contract.

17. GENERAL

17.1 If Digger Bidder fails at any time to insist upon strict performance of its obligations under these Terms, or if it fails to exercise any of the rights or remedies to which it is entitled under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve you from compliance with such obligations.

17.2 A waiver by Digger Bidder of any default shall not constitute a waiver of any subsequent default.

17.3 No waiver by Digger Bidder of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

17.4 For the avoidance of doubt, references to ‘writing’ shall be deemed to include email.

17.5 No delay in exercising or non-exercise by you and/or Digger Bidder of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Digger Bidder’s rights. Rather, any such waiver or release must be specifically granted in writing.

17.6 Digger Bidder reserves the right to use third party suppliers or sub-contractors at any time and in any way in respect of the performance of its obligations under these Terms.

17.7 If any of these Terms is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.

17.8 These Terms and any document expressly referred to in them represent the entire agreement between you and Digger Bidder in respect of your use of the Website and shall supersede any prior agreement, understanding or arrangement between you and Digger Bidder, whether oral or in writing.

17.9 You acknowledge that in entering into these Terms, you have not relied on any representation, undertaking or promise given by or implied from anything said or written whether on the Website, the internet or in negotiation between you and Digger Bidder except as expressly set out in these Terms.

17.10 Digger Bidder may alter or amend these Terms by giving reasonable notice on the Website or in writing to you (including via email). By continuing to Use the Services and/or the Website after expiry of the notice period, you will be deemed to have accepted any amendment to these Terms. If, on receipt of such notice, you wish to terminate your agreement with Digger Bidder, you may do so by giving Digger Bidder notice of termination, with such termination to take effect on the date upon which the amended terms and conditions would otherwise have come into effect.

17.11 These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you are a consumer and live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident (“Local Law”). In the event English law deprives you of any legal protection which is accorded to you under Local Law, these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

17.12 These Terms do not create any rights under the Contracts (Rights of Third Parties) Act 1999 (“Act”) which are enforceable by any person who is either not a party to them or who is not a provider of the relevant goods and/or services.

SECTION B: BUYERS ADDITIONAL CONDITIONS

18. PURCHASING GOODS

18.1 You acknowledge and agree that when you purchase Goods from the Website, you will enter into a contract directly with a Seller for the provision of those Goods. Digger Bidder is not a party to that contract, and Buyers and Sellers will be separately responsible and liable to one another under the terms of that contract.

18.2 You acknowledge and agree that when purchasing Goods, You have read and understood the description of the Goods provided by the Seller in the Listing Information. Digger Bidder does not vet or verify the accuracy of the Listing Information and you enter into a contract for the sale of those Goods at your own risk.

18.3 All Goods are supplied by Sellers. Digger Bidder does not manufacture the Goods. Digger Bidder makes no warranty that the description of the Goods or the Listing Information provided by the Seller is accurate. For the avoidance of doubt, any photographs of the Goods available on the Website are provided by the Seller.

18.4 Digger Bidder uses third party payment handlers to process your payment. By purchasing Goods from the Website you agree that you have given Digger Bidder permission to do so.

19. PURCHASING GOODS FOR A FIXED PRICE

19.1 A Seller may, at its entire discretion, offer to sell Goods on the Website for a fixed price (“Fixed Price” Goods). In order to purchase Fixed Price Goods from the Website you will need to set up an Account as a Registered User and click the ‘Buy Now’ button on the relevant Listing. In order to complete the purchase, you will also need to click the ‘Yes, Buy Now!’ button on the confirmation of order page.

19.2 Unless otherwise expressly set out to the contrary or in cases of obvious error, the Fixed Price of the Goods shall be as set out on the Website at the discretion of the Seller.

19.3 In order to purchase Fixed Price Goods, you will be required to click ‘Yes, Buy Now!’. You acknowledge and agree that by clicking ‘Yes, Buy Now!’ You will enter into a contract with the Seller for the purchase of the Goods and You have an obligation to pay the Fixed Price which may be subject to VAT as specified in the Listing Information. The Seller’s preferred payment method will be specified on the Listing and the purchase invoice generated when you purchase the Goods. This invoice is automatically generated by Digger Bidder following the sale of the Goods and can be edited by the Seller to include payment notes.

19.4 Upon clicking ‘Yes, Buy Now!’ you shall be sent a purchase confirmation by email confirming the Fixed Price and details of the Goods you have committed to purchase. An invoice for the sale will be generated by Digger Bidder and will remain accessible for you to view within your Account on the Website. This invoice can be edited by the Seller to include payment notes. Payment for the item can be completed on the Website via PayPal (using debit/credit card details or a PayPal account) or the Seller can request payment by another means and not through the Website (for example, by cash, cheque or bank transfer).

20. PURCHASING GOODS VIA AUCTION

20.1 In order to participate in an Auction you will need to set up an Account as a Registered User.

20.2 The current Highest Bid for the Goods shall be as set out on the Website.

20.3 Upon placing a Bid, you shall be sent a confirmation email confirming the Bid. You acknowledge and agree that by placing a Bid, and in the event that you have the Highest Bid at the end of the Auction Period, You have entered into a contract with the Seller for the purchase of the Goods and You have an obligation to pay the Price which will amount to the Highest Bid and which may be subject to VAT as specified in the Listing Information.

21. THE BID PROCESS

21.1 You acknowledge and agree that once you have placed a Bid you may not withdraw or cancel the Bid without the Seller’s prior consent. You must present such written consent to Digger Bidder at least 5 hours before the end of the Auction Period for your Bid to be retracted or cancelled.

21.2 Each Auction will have a specified Auction Period which will appear in relation to each Listing. No Bids may be placed once the Auction Period has ended. The Seller is only obliged to supply the Goods to the Winning Bidder. In the event of a dispute regarding the Winning Bidder, Digger Bidder’s decision is final.

21.3 You can place a Bid by entering the price you wish to pay for the Goods, which must be higher than the current Highest Bid, and then clicking on ‘Yes, place bid’. There is no limit to the number of Bids you may place. Once you have placed your Bid, you will receive an email which will confirm the details of your Bid. As a Buyer with the Highest Bid, you will receive notification in the event that you are outbid by another Buyer.

21.4 You warrant that all Bids placed by you constitute a genuine attempt to purchase the Goods. For the avoidance of doubt, artificial bidding in an attempt to increase the end Highest Bid is strictly prohibited.

21.5 In the event that you are the Winning Bidder, you will receive an email notification from Digger Bidder including details of the Goods you have won. A purchase invoice including detailed payment instructions will be generated by Digger Bidder and will be immediately available in your Account. Payment for the item can be completed on the Website via PayPal (using debit/credit card details or a PayPal account) or paid not through the Website (for example, by cash, cheque or bank transfer).

21.6 Digger Bidder reserves the right to cancel an Auction at any time and for any reason. In the event that an Auction is cancelled by Digger Bidder, the current Highest Bid will not be the Winning Bidder and the Goods will not be deemed to have been sold.

22. DELIVERY OF THE GOODS

22.1 When purchasing Goods, a Seller may, at its entire discretion, offer to deliver the Goods to you for an additional fee as set out on the Website or as agreed with the Seller directly.

23. TERMINATION

23.1 You may terminate your use of the Website as a Buyer without cause on the provision of not less than 30 days written notice to us. In such event:

  • 23.1.1 you shall cease all use of the Website on or before the date of termination;
  • 23.1.2 all rights granted to you hereunder shall cease on the date of termination; and
  • 23.1.3 we shall delete your content and Goods from the Website on the date of termination or when reasonably practicable thereafter.

Termination of this Section B shall not affect the rights of either party accruing or accrued prior to termination.

SECTION C: SELLERS ADDITIONAL CONDITIONS

24. SELLING GOODS

24.1 You acknowledge and agree that when you sell Goods on the Website, you will enter into a contract directly with a Buyer for the provision of those Goods. Digger Bidder is not a party to that contract, and Buyers and Sellers will be separately responsible and liable to one another under the terms of that contract.

24.2 In order to sell Goods on the Website you will need to set up an Account as a Registered User.

24.3 You shall procure, at all times, the accuracy and completeness of all Listing Information and your Seller Terms, which shall comply in all respects with all relevant consumer laws.

24.4 You warrant that the Goods advertised for sale by you on the Website are mechanically sound and in working order unless specifically stated to the contrary in the Listing Information.

24.5 You shall not offer for sale through the Website any Goods that is or that contains:

  • 24.5.1 offensive or obscene material (or anything that may reasonably be considered to be the same);
  • 24.5.2 firearms, ammunition or any offensive weapon;
  • 24.5.3 stolen goods or goods to which you do not hold the legal title, including goods which are subject to a finance agreement;
  • 24.5.4 any material that infringes the rights of third parties, including any intellectual property right;
  • 24.5.5 prescription, controlled and/or illegal drugs;
  • 24.5.6 poisons and dangerous substances;
  • 24.5.7 any item where a licence is required to sell, distribute or offer for sale such item, unless you have provided a certified copy of the relevant valid licence to us;
  • 24.5.8 any item, the sale of which is subject to export restrictions;
  • 24.5.9 any item whose sale, distribution or offering for sale is prohibited by any applicable law.

24.6 All Listing Information uploaded onto the Website by you shall be in the format required by us and shall relate strictly and solely to the Good(s) you wish to advertise, which shall all be products connected with plant machinery and similar activities. We reserve the right to edit and/or remove any Listing Information at any time and for any reason, including where we reasonably believe that the Listing Information is inaccurate or incomplete, does not meet with its formatting requirements and/or does not relate to plant machinery or any similar activity.

24.7 You may choose to accept payment for the Goods via a method other than arranging payment through the Website. In such circumstances you warrant and undertake to notify Digger Bidder that the Goods have been purchased by clicking the ‘Mark Paid’ button within 5 business days of the payment being received from the Buyer.

24.8 Digger Bidder uses third party payment handlers to process any payment made through the Website. By selling Goods on the Website you agree that you have given Digger Bidder permission to do so.

25. SELLING GOODS FOR A FIXED PRICE OR VIA ACTION

25.1 You may offer to sell Goods on the Website either for a fixed price (“Fixed Price” Goods), which can be purchased by a Buyer at any time when they click the ‘Buy Now’ button on the relevant Listing, or via an Auction.

25.2 The Listing Information for Goods will be made available on the Website for a period of between 1 and 30 days, as specified by you, after the Listing Information has been uploaded onto the Website by you. After this period, the Listing Information will be removed from the Website by Us but will be accessible in your Account for a period of 30 days after which the Listing Information will be archived.

25.3 In the event that a Buyer purchases Goods from the Website, an invoice will be automatically generated by Digger Bidder. You may edit the invoice to include payment notes relating to your preferred payment method, such as bank details or a postal address for cheques. You warrant that the Buyer will be provided with sufficient information to make payment to you within 5 business days of the invoice being generated.

25.4 When the Auction Period comes to an end, you acknowledge and agree that You have entered into a contract with the Buyer with the Highest Bid for the sale of the Goods they have won and You have an obligation to sell them the Goods.

26. THE BID PROCESS

26.1 A Buyer may contact you to obtain your permission to withdraw or cancel a Bid. You agree to respond promptly to such a request, and agree that such permission will not be unreasonably withheld, for example and without limitation, in the event of mistake, a change in the Listing Information, or a failure to communicate.

26.2 In the event of a dispute regarding the Winning Bidder, Digger Bidder’s decision is final.

27. CHARGES AND PAYMENT

27.1 You may sell Goods via the Website by paying the applicable Insertion Fees and/or Final Sale Fees using any of the accepted methods of payment, which are set out on the Website or notified to you.

27.2 The Insertion Fees will amount to the following:

  • 27.2.1 in the event that you create a Listing of Goods to be sold at Auction with a reserve price, £25;
  • 27.2.2 in the event that you create a Listing of Goods to be sold at Auction with a reserve price and an additional ‘Buy Now’ (Fixed Price) option, £25;
  • 27.2.3 in the event that you create a Featured Listing, £15, which will be payable in addition to any Insertion Fee specified in clauses 27.2.1 and 27.2.2.

27.3 In the event that the Goods are not successfully sold via the Website, the Insertion Fees for that Listing will be immediately due and payable to Digger Bidder. Digger Bidder will generate an invoice for the amount of the Insertion Fees which you can view within your Account on the Website.

27.4 In the event that the Goods are successfully sold via the Website:

  • 27.4.1 the Insertion Fees for that Listing will be due and payable to Digger Bidder upon your receipt of payment of the Goods from the Buyer; and
  • 27.4.2 the Final Sale Fee, which will be the lesser of 3% of the Price or £100, will also be due and payable to Digger Bidder upon your receipt of payment of the Goods from the Buyer.
  • Digger Bidder will include the Insertion Fees and Final Sale Fee within the Seller Fees invoice as set out at clause 27.5 below.

27.5 Digger Bidder will invoice you for the amount of the Seller Fees when you receive Payment for the Goods from the Buyer through the Website, or when you select the ‘Mark Paid’ tab in accordance with clause 24.7. You can view this invoice within your Account on the Website.

27.6 All Insertion Fees and/or Final Sale Fees shall be paid within 30 days of receipt of an invoice and are non-refundable for any reason whatsoever. In the event that you do not make payment within 30 days, Digger Bidder reserves the right to charge interest on the outstanding Insertion Fees and/or Final Sale Fees and suspend your Account.

28. DELIVERY OF THE GOODS

28.1 You warrant and undertake to deliver the Goods within a reasonable period of time, and within 14 days of the Buyer purchasing the Goods from the Website.

29. YOUR ADDITIONAL OBLIGATIONS AS A SELLER

29.1 You shall comply with all policies and guidelines of Digger Bidder as published on the Website from time to time and/or emailed to You.

29.2 You shall not conduct any direct marketing using personal information (which, for the avoidance of doubt, shall include all email addresses) that came into your possession through your use of and activities on the Website, nor will you disclose such personal information to any third party without the applicable data subjects express written consent. Furthermore, you shall not include in the Listing Information or any other communication with any Buyers any link to any URL located outside the Website, nor any advertising for any product or service other than your Goods.

29.3 You warrant and undertake not to use the Services to enter into contracts for the sale of Goods to Buyers outside of the Website.

29.4 You hereby indemnify and shall keep indemnified Digger Bidder in full and on demand against all costs (including reasonable legal costs), claims, damages, losses and expenses incurred or suffered by Digger Bidder arising as a result of any claim or action brought by the Buyer in connection with the Goods, the Listing Information, infringement of Intellectual Property Rights or any right of a third party.

29.5 You hereby indemnify and shall keep indemnified Digger Bidder in full and on demand against all costs (including reasonable legal costs), claims, damages, losses and expenses incurred or suffered by Digger Bidder arising out of or in connection with any claim or action made against Digger Bidder for actual or alleged infringement of intellectual property rights arising out of or in connection with the Goods and/or the Listing Information.

29.6 You hereby warrant, represent and guarantee that you have the right to promote, sell and distribute your Good(s).

29.7 You warrant, represent and guarantee that you shall comply with all applicable legislation in respect of the Listing Information and that the Listing Information shall not infringe any intellectual property rights, or any other rights of any third party.

30. TERMINATION

30.1 You may terminate your use of the Website as a Seller without cause on the provision of not less than 30 days written notice to us. In such event:

  • 30.1.1 you shall fulfil all orders placed with you by Buyers through the Website on or before the date of termination;
  • 30.1.2 you shall cease all use of the Website on or before the date of termination;
  • 30.1.3 all rights granted to you hereunder shall cease on the date of termination; and
  • 30.1.4 we shall delete your content and Goods from the Website on the date of termination or when reasonably practicable thereafter.

Termination of this Section C shall not affect the rights of either party accruing or accrued prior to termination.