Last Updated October 2018
1.1 Auction Period means the period in which the Lot is available on the Website for sale.
1.2 Bidder refers to any registered member who participates in an auction via this Website by submitting a bid.
1.3 Buyer is the Bidder who has made the highest value bid for the relevant Lot at the time the auction closes.
1.4 Buyer’s Commission has the meaning given to in paragraph 10.
1.5 Norman’s Pond, us, our, we means Global Pond Ltd, registered in England and Wales under company number 11475393 and with its registered office at 91 Princess Street, Manchester M1 4HT and VAT number is GB 306 0808 31.
1.6 Intellectual Property Rights means all intellectual property rights wherever in the world arising, whether registered or unregistered (and including any application), including copyright, know-how, confidential information, trade secrets, business names and domain names, trademarks, patents, petty patents, utility models, design rights, database rights and all rights in the nature of unfair competition rights or rights to sue for passing off.
1.7 Listing Fee has the meaning given to in paragraph 10.
1.8 Lot means any item which is offered for sale via auction on the Website.
1.9 Primary Payment Method is the payment information that a Seller or Bidder provides to Stripe Inc (our third party payment provider) and designates as their primary method of payment.
1.10 Reserve is the minimum price a Seller would accept for the Lot.
1.11 Seller means the individual or company who offers the Lot.
1.12 Seller’s Commission has the meaning given to it in paragraph 10.
1.13 Services are the online auction services (and any complementary services) which Norman’s Pond makes available through the Website to users.
1.14 Website is www.normanspond.com (as amended from time to time).
- About Norman’s Pond
2.1 We operate the Website and provide the Services to users of our Website who wish to buy or sell Lots.
2.2 You can contact us by telephoning our customer service team at +44 0800 228 9333 or by writing to us at firstname.lastname@example.org or 91 Princess Street, Manchester M1 4HT.
2.3 If you buy or sell a Lot on or through our Website, the contract for sale is between the Seller and the Buyer, and Norman’s Pond is not a party to that contract. You are solely responsible for your interactions with other users. We do not, at any time, have possession of the Lot(s).
3.1 Anyone may browse our Website. In order to use our Services, however, you must register as a member in accordance with paragraph 5.
4.2 Norman’s Pond reserves the right from time to time, without prior notice, to:
a) change the Website;
b) stop providing the Website, or features of the Website, to you or to members generally or create usage limits for the Website.
5.1 In order to be permitted to offer a Lot or to bid on a Lot, you must first register as a member of the Website, unless you have already registered as a member on one of our sister sites (where such registration enables you to login to our Website).
5.3 You can register by providing all information required or by signing in with your Google (or other social network) account details.
5.4 You must keep your chosen password and any information provided to us as part of our security procedures, confidential. You must not disclose such information to any third party (with the exception of those authorised to access your account on your behalf). If you know or suspect that anyone other than you or the authorised users know your password, you must promptly notify us at email@example.com.
5.5 If you are registering in order to offer a Lot for sale via the Website, you will be required to provide proof of identification (including proof of address) to Norman’s Pond.
5.6 You will also be required to provide your Primary Payment Method before you will be permitted to offer a Lot or bid for any Lot. We do not store any information in relation to your Primary Payment Method (or any other payment method). This is processed and stored by Stripe Inc.
- Accessing and Using our Website / Services
6.1 You agree not to engage in any of the following activities:
a) copying or distributing any part of the Website in any medium;
b) bypassing the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein;
c) interfering with the proper working of the Website and/or our Services;
d) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
e) except as otherwise expressly permitted by Norman’s Pond, using the Website for any commercial solicitation purposes;
f) collecting or harvesting any personal data, including account names, from the Website;
g) uploading invalid data, viruses, worms, or other software agents through the Website;
h) taking any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure;
i) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers hosting the Website;
j) transmitting spam, chain letters, or other unsolicited email;
k) using any robot, spider, scraper or other automated means to access our Website for any purpose;
6.2 Without limitation to the foregoing, registered members and their authorised users may not use this Website
a) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
b) in any way that is or is likely to be unlawful or fraudulent, or has or is likely to have any unlawful or fraudulent purpose or effect; or
c) in any way that breaches or is likely to breach any applicable local, national or international law or regulation;
6.3 We reserve the right, but have no obligation, to monitor disputes between you and other members. Norman’s Pond shall have no liability for your interactions with other members, or for any member’s action or inaction.
6.4 If you are registering with Norman’s Pond on behalf of any other person, you represent that you have the authority to legally bind that person.
- Listing An Item For Sale
7.1 You may submit a request to offer a Lot for sale via the Website to Norman’s Pond by completing the relevant details, uploading a variety of high quality images of the Lot(s) (we may request more) and, if so desired, providing a Reserve for the Lot.
7.2 We will then review the proposed Lot, and will contact you if we have any queries in relation to the Lot. We shall have absolute discretion as to whether we accept the Lot and list it for sale.
7.3 Once the Lot is accepted, Norman’s Pond is authorised to deduct the Listing Fee from your Primary Payment Method.
7.4 Where you have indicated a Reserve for the Lot, you authorise us to sell the Lot on your behalf at a price lower than the Reserve on the proviso that your net proceeds from the sale of the Lot are the same that they would have been had the Lot been sold for an amount equal to the Reserve, by us making a corresponding reduction in the amount of the Seller’s Commission payable by you.
7.5 You hereby acknowledge and agree that following submission of auction particulars in relation to a particular Lot, you may not list or sell the Lot to any person by any other means, including by any other auction, dealership, or listing service unless or until we notify you that either:
a) the Lot has failed to sell through the Website, including if any Reserve has not been achieved.
b) the Lot has not been accepted and will not be listed for sale; or
7.6 You are solely responsible for the accuracy, content and legality of the Lot and warrant that you are the legal owner of such Lot and are capable of transferring ownership of it to the Buyer. You must provide an accurate description of the Lot you are selling to enable the Buyer to make an informed purchasing decision. You must not, at any time, misrepresent the provenance, specification or any other details regarding the Lot, including in your responses to Bidders.
- Bidding on a Lot
8.1 If you are considering placing a bid for a particular Lot, you are responsible for reading the description of the Lot carefully before making a bid. If you have any questions regarding the Lot you should raise this directly with the Seller prior to bidding and, wherever possible, we recommend that you inspect the Lot you intend to bid on in person.
8.2 You acknowledge that once you place a bid on a Lot, you are making an irrevocable offer to purchase that Lot and are committing to pay the Seller the amount entered in as your bid and to pay to Norman’s Pond the Buyer’s Commission as specified in paragraph 10.
- Online Auction Process
9.1 The opening and closing date and time of the auction for each Lot shall be solely determined by Norman’s Pond in our sole discretion.
9.2 Each bid submitted by a Bidder shall be final and legally binding as soon as it is submitted to the Website and may not be withdrawn.
9.3 Norman’s Pond shall be entitled to rely on all bids submitted from a member’s account during the Auction Period. A Bidder must submit the highest offer at the time the auction closes in order to win the Lot. If you place a bid, which is subsequently beaten, you will not be awarded the Lot unless you subsequently increase your bid and are the highest bidder at the time the auction closes.
9.4 After the expiry of the Auction Period, Norman’s Pond shall notify the Seller and (if applicable) the Buyer with details of the sale results of the Lot.
9.5 Bidders acknowledge and agree that the Lot is sold by the Seller and not Norman’s Pond. Norman’s Pond hereby disclaims all liability arising from the Lot sold to the fullest extent permissible by law.
9.6 Access to the Website and/or the Services is not guaranteed and Norman’s Pond reserves the right to suspend or terminate any aspect of the Services at any time and without notice. Without limiting the foregoing, we may suspend access to the Website or the Services to carry out scheduled or unscheduled maintenance.
9.7 Norman’s Pond accepts no liability for any failure or delay in executing bids or for any errors contained in bids placed via the Website.
9.8 Norman’s Pond provides the Services and the Website "as is" and without any warranty or condition, express, implied or statutory. Without limiting the foregoing, we accept no liability for any failures, delays or errors caused by interruptions in the availability of the Website or the Services or any errors or defects in their content or functionality, any software and/or hardware defects (whether yours or ours) and/or any internet connection problems (whether yours or ours), and Norman’s Pond does not represent or warrant that the Services will be error-free, free of viruses or other harmful components, or that any defects will be corrected.
10.2 Fees payable to Norman’s Pond:
Listing Fee: In order to offer a Lot for sale via the Website you are required to pay a listing fee of £90 (inclusive of any applicable VAT), regardless of whether the Lot sells or not.
Seller’s Commission: If the Lot is sold, a 5% commission (excluding VAT) will be payable to Norman’s Pond which will be calculated by reference to the final selling price of the relevant Lot on the Website.
Buyer’s Commission: If you are the Buyer, a 5% commission (excluding VAT) will be payable to Norman’s Pond which will be calculated by reference to the final selling price of the relevant Lot on the Website and will be payable in addition to the final bid price to be paid to the Seller.
10.3 Norman’s Pond may add new services for additional fees or amend fees for existing services, at any time, in its sole discretion, and upon providing 30 days’ advance notice.
10.4 The commission payable to Norman’s Pond is exclusive of VAT or any other applicable sales tax which will be payable by the Seller or Buyer (as appropriate).
10.5 The Buyer of the Lot shall be responsible for any delivery or collection costs and applicable sales taxes, registration fees, regulatory and electronic processing charges, inspection charges, emission testing charges, and any other fees required by law, any or all of which may be added to the listed price to arrive at the final sale price of a Lot.
10.6 If we are unable to process payment for the sums payable to us by you by charging such sums to your Primary Payment Method, Norman’s Pond may collect sums owed to us by you by charging other payment methods on file and retaining collection agencies or legal counsel.
- Terminating your Account
11.1 If you are a consumer:
b) you can terminate your membership of this Website for any reason under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 within 14 days of registering with us. In such circumstances, we will be entitled to recover any fees owed for the Services provided up to the date of termination (if any);
c) and are currently a Bidder on an active Lot(s) or a Seller of an active Lot(s), you acknowledge that any termination in accordance with paragraph 11.1(b) above will not take effect until after the Auction Period in respect of those Lots has ended.
11.2 Otherwise, you may delete your account at any time in which you are not selling or bidding on an active Lot by logging onto your account and reviewing your profile settings.
- Intellectual Property Rights
12.1 Norman’s Pond and its licensors retain all Intellectual Property Rights in all or any part of the Website, the content published on the Website and the Services.
12.2 The trade marks, products and company names mentioned on the Website or made available via the Website are the trademarks of their respective owners and the rights in such marks are reserved to their respective owners.
- Your Content
13.1 You retain ownership of any content and material provided by you to us or uploaded to the Website (Your Content).
13.2 By submitting Your Content, you grant to Norman’s Pond and our affiliates a perpetual, irrevocable, royalty-free, worldwide, sub-licensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of Your Content, in any commercial or non-commercial manner whatsoever, in whole or in part, in any and all forms of media, whether now known or hereafter developed, and without further notice to you.
13.3 To the fullest extent permitted under applicable law, you waive your moral rights in Your Content and promise not to assert such rights or any other Intellectual Property Rights you have in Your Content against us, our sub-licensees or our assignees.
13.4 We retain the right, in our sole discretion and without prior notice, to remove or refuse to post any of Your Content for any reason.
13.5 You represent and warrant that:
b) you have obtained permission from any individuals that appear in Your Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; and
c) Your Content does not:
i) contain false or misleading information;
ii) infringe the intellectual property, privacy, publicity, contractual or other rights of any third party;
iii) contain any libellous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content;
iv) contain computer viruses, worms or other harmful files.
13.6 Norman’s Pond is not responsible or liable for failure to store posted content or other materials you transmit through the Website. You should take measures to preserve copies of any data, material, content or information you post on the Website.
13.7 Norman’s Pond has the absolute right to remove and/or delete without notice any of Your Content within our control that we deem objectionable. You consent to such removal and/or deletion and waive any claim against Norman’s Pond for such removal and/or deletion.
13.8 You are solely responsible for Your Content and, where you are acting in the course of a business, you hereby agree to indemnify Norman’s Pond from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the representations and warranties provided by you in paragraph.
- Privacy And Your Personal Data
Your privacy and personal information are important to us. Any personal data that you provide to us will be dealt with in accordance with our Privacy Notice, which explains what personal data we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal data and how to contact us and your appropriate supervisory authority if you have a query or complaint about the use of your personal data.
- Limitation Of Norman’s Pond’s Liability
a) death or personal injury caused by our negligence;
b) fraud; or
c) any other liability which cannot be excluded or limited under applicable law.
15.4 While we try to keep Norman’s Pond safe and secure, Norman’s Pond does not and cannot guarantee or warrant that the Website will be free from infection, viruses, worms, Trojan horses, or other code that manifests contaminating or destructive properties. Norman’s Pond does not warrant or represent that the Website will be uninterrupted or error free.
15.6 If you have a dispute with any other member, you release Norman’s Pond (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any such dispute.
- Complaints: Online Dispute Resolution
16.1 If you are unhappy with the Website or any of our Services, please contact us at firstname.lastname@example.org and we will seek to resolve your complaint internally. If you are unhappy with a particular Lot that you have purchased, please contact the Seller directly using the contact details provided.
16.2 If we are unable to resolve your complaint through our internal procedures, we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. You may also seek recourse through the EU’s online dispute resolution platform. You can visit the platform at http://ec.europa.eu/consumers/odr. Please use email@example.com as our contact address in the platform.
16.3 Otherwise, the courts of England and Wales shall have jurisdiction in accordance with paragraph 21.2.
- Entire Agreement
- Third Party Rights
19.2 A waiver by Norman’s Pond of any default shall not constitute a waiver of any subsequent default.
- Governing Law And Jurisdiction