User Agreement
 Printable Version
Welcome to bid4poultry.co.uk. We are a company incorporated in the United Kingdom carrying on business as an auction site for the utilisation by registered users to buy and sell live birds, hatching eggs and all things associated with poultry, game birds waterfowl and other birds.
To be eligible for membership of bid4poultry.co.uk you must read and accept all of the terms and conditions in this User Agreement and the documents referred to herein, including Privacy Policy, Failure to Transact Policy and Forum Rules plus the links contained within. This User Agreement constitutes a legally binding agreement between you and bid4poultry.co.uk upon acceptance of a succesful registration.
You are bound by this Agreement upon registering and therefore confirm that you are 18 years or over and can form legally binding contracts.
1. Membership
Members agree to have one User Name and one User ID only. Should any Member attempt to aquire further memberships, we will take action in removing excess accounts with the original account being suspended and/or terminated at our sole discretion.
2. Information Provided
Information provided by Members will be treated in accordance with our Privacy Policy.
Members must provide a valid email address to hold an account – this will be validated by us. Should we be unable to contact you through the email address provided, your account will be suspended until such time as we are able to contact you through a current and valid email address.
Members may alter or change their registered email address details in the account page under personal page, provided that at all times those details include a valid and current email address.
3. Auctions
All auctions are based on the English Auction format.
Definition: The auction is opened when the seller sets a suggested opening bid, which is the starting price or reserve price for the item on sale. The seller then accepts increasingly higher bids from Members who have registered. This auction is transparent as the identity of all bidders is disclosed during the auction. The highest bidder at any given moment is considered to have the standing bid, which can only be overridden by a higher bid from another Member. If no Member challenges the standing bid prior to the auction ending, the Member with the standing bid becomes the winner, and the item is sold to the highest bidder at a price equal to his or her bid.
3.1 Bidding & Winning
Members of bid4poultry.co.uk agree to complete the sale of an item listed if you are the highest bidder, or are the highest bidder and have met the minimum/reserve price of an auction listing, as appropriate.
When you place a bid on a listed auction item, you agree to be bound by the terms of sale in the seller’s listing, provided that the terms do not violate this User Agreement and are lawful.
Questions regarding individual listings must be clarified PRIOR to placing a bid on an item, as once you have placed a bid you will be contractually obliged to complete the transaction if that bid is successful. Misunderstandings or unclear listings will not invalidate a sale or purchase.
bid4poultry.co.uk will not guarantee or accept any liability for any item listed or the content contained within a listing.
Purchases through bid4poultry.co.uk are entirely at the risk of the winning bidder.
Members purchasing live birds agree:
- To Abide by the Welfare & Transport legislation, where applicable.
This legislation constitutes that any bird being transported over 65k is done so using ‘transporter authorisation’, (an application form is available for download from the Defra Website) and that a ‘Certificate of Competence’ has been obtained. For more information please contact DEFRA or alternatively you can all 0845 6038395.
The Regulations do not apply to the transport of animals:
- where the transport is not in connection with an economic activity;
- transport to or from veterinary practices or clinics under veterinary advice; where the animal is an individual animal accompanied by its owner (or other responsible person) and is fit for journey; or
- where the animal is an individual animal accompanied by its owner (or other responsible person) and is fit for journey; or
- where animals are pet animals accompanied by their owner on a private journey.
Hobby Breeders (below is a definition supplied by Defra)
Many people who keep animals as a hobby exhibit animals, occasionally breed them (e.g. ‘cat fancy’ breeders) and sometimes sell or exchange surplus animals. Frequently, these animals may be transported in the family car or even on public transport. We have therefore concluded that these hobby breeders are excluded from scope where their income source does not exceed the expenses of the hobby.
We are aware that some people also keep farm livestock and poultry as a hobby, including rare breeds. These animals may be shown for competitive exhibition purposes and, when used for breeding, surplus animals may be sold or exchanged. It is our view that owners of these animals should not be subject to the full force of the Regulation where the animals are kept purely as a hobby and not for commercial purposes.
If the animals are kept with a view to operating a business, e.g. where subsidy payments are claimed or for the selling of offspring, meat and meat products, wool, eggs, cheese, milk etc (this is not an exhaustive list), then they will fall within the Regulation’s scope. To avoid any potential for prosecution, a hobby keeper would need to show that the animals are not being moved for commercial purposes.
- That all movements are at the risk of the purchaser. No liability for movements can be held by bid4poultry.co.uk. Any queries relating to transport legalities must be directed to DEFRA and not bid4poultry.co.uk and by acceptance of the User Agreement the Member accepts full and complete liability.
bid4poultry strongly recommends that buyers segregate/quarantine new birds for a minimum period of 14 days to ensure the health of current stock held on their property.
3.2 Listing & Selling
Sellers are required to list items for sale in the correct category with accurate and appropriate descriptions and provide such information as we may request. Terms of the sale must be set down clearly within your listing, along with relevant/appropriate pictures. Any member using false, inaccurate or misleading descriptions or photographs fraudulently or to enhance/increase bids during an auction/sale will have their account suspended and/or terminated.
Sellers accept that any item listed may be cancelled upon application to bid4poultry.co.uk providing that the listing has no bids placed on the item. In order to cancel a listing you must apply through the 'contact us' link at the bottom of the home page and include the item number, User ID, password and reason for cancellation. You agree to pay a charge for cancellation of your listing as set out in Section 13 and in applying for the cancellation authorise us to debit this charge to your account.
Sellers that list items for sale and then proceed to sell the item outside of bid4poultry.co.uk before the listing ends agrees to pay the commission on the start price/highest bidders price. Any item marked as SOLD on the live listing will have the cancellation charge (as per section 13) debited to their account and the listing removed.
Sellers are obliged to complete a transaction with the highest bidder (or the highest bidder who has met the minimum/reserve price), except where the highest bidder fails to make payment in accordance with the terms of sale detailed in the auction listing.
bid4poultry.co.uk may suspend and/or terminate your use of the site if we consider you to be participating in any fraudulent activity.
In accepting this User Agreement, if you are selling you agree to be bound to complete the transaction of an item to the winning bidder. Winning bidders that refuse to complete a transaction will be dealt with as described in our Failure to Transact Policy.
You agree not to sell or offer for sale:
- Any live birds or hatching eggs as defined in the ‘Wildlife & Countryside Act 1981’
- Any members listing under this Act will have their account terminated with immediate effect and their details passed to the relevant authority for prosecution.
- Any material of an adult/explicit nature including content either written or photographic
- Any firearms, knives or item which could be considered as ‘an offensive weapon’ or alike.
- Any dangerous items including items likely to cause harm to persons or property.
Members selling live birds agree to:
- Abide by the Welfare & Transport legislation as detailed in the ‘bidding and winning’ section of this User Agreement.
- Refund/replace any dead/sick birds, transported through a courier service, upon arrival with the purchaser. However, it is the responsiblity of the purchaser to prove the birds were received in a dead/sick state to the seller before a refund/exchange can take place.
Sellers also agree not to list personal or business websites including telephone numbers as advertising in their individual listing(s). For an Advertising quotation please apply through bid4poultry.co.uk via the 'contact us' link on the home page.
3.3 Members Using Courier Services to move Live Birds
Members Agree:
- To adhere to and be bound by third party agreements which are outside bid4poultry.co.uk.
- Comply with current container sizes in relation to age/size/quantity of birds being moved.
- Not to hold bid4poultry.co.uk liable for losses incurred whilst using services provided by any third party.
- Obtain certificates and authorisations for movement, where necessary.
NO LIABILTY CAN BE PLACED UPON bid4poultry.co.uk FOR DEAD OR SICK BIRDS and we do not guarantee the authenticity or safety of any item sold which is listed on the website.
Members are responsible for ensuring that they comply with the relevant laws relating to the sale, transporation, welfare and safety of live birds and hatching eggs and bid4poultry.co.uk accepts no liability for failure to comply, nor for any loss or damage caused as a result of a Member’s failure to comply.
4. The Feedback System
Members buying through bid4poultry.co.uk may rely on the feedback system put in place in order to decide whether or not they trust the seller enough to place a bid on an item, which in turn could lead to a binding contract between buyer and seller. For this reason bid4poultry.co.uk have introduced a feedback system for buyers and sellers to use. In order to maintain the accuracy of the feedback system it is essential that Members do not take any action which might undermine or otherwise interfere with the feedback system.
Feedback is only permitted between buyer and seller. Members are unable to leave feedback for themselves as Members who hold more than one account will be in direct violation of this User Agreement, and their account(s) will be suspended and/or terminated.
Feedback is permenant and cannot be altered once left. However, negative feedback cannot be left on hatching eggs. In order to balance a buyers experience with that of a seller bid4poultry.co.uk only allows neutral feedback on hatching eggs. Thus enabling both parties to leave relevant feedback. This is due to fertility being reduced when eggs are sent through the postal system and being therefore outside a seller’s contol. Neutral feedback left for sellers in respect of clear eggs (which have been candled between days 7 and 10) or poor hatch rates will be permenant and irreversible. Whilst this feedback does not decrease the feedback score neither will it increase it, making a fairer system for all involved.
Sellers and buyers are able to leave positive, neutral and negative feedback for each other. By accepting this User Agreement Member agree to leave fair and honest feedback to enable buyers to transact with sellers who are achieving satisfactory standards.
We urge Members to try and work in conjunction with each other to resolve any difficulties before leaving negative feeback.
Any Member acquiring a feeback score of –3 will have their account terminated.
5. Interference with the Website
Any changes to the bid4poultry.co.uk website are undertaken through the authorised administrators. Any Member engaged in interference, damage, sabbotage and alike will have their account terminated and prosecution may be brought against them.
Members are urged to report any problems, offensive content and policy breaches to us.
6. Listing Formats
- Auction
A starting bid is placed when an item is listed and Members place further bids on the item in increments set by the seller until the auction is closed/finished.
- Fixed Price
A set price is listed by the seller. When a buyer accepts this price by clicking the ‘buy now’ button, the listing is effectively closed/finished – there is no bidding.
- Reserve Price
The minimum price a seller is prepared to accept for their item
- Sealed Tender
TBC
7. Fees
Registering and bidding on bid4poultry.co.uk is free of charge.
Sellers agree to pay fees to list and sell items, as detailed in our Schedule of Fees which forms part of this Agreement. On acceptance of this Agreement sellers agree to pay to bid4poultry.co.uk the listing fee, commission (not payable if an item does not sell), along with enhancement and feature fees (if applicable) pertaining to each individual listing when the item has been successfully listed. This fee will be automatically generated and sellers will be invoiced on a 4 weekly basis. All invoices will be emailed on a 4 weekly basis and all fees must be settled in full with 7 days. Your account balance can be viewed under My Account. It is the Members responsibility to make a payment to bid4poultry.co.uk, fees are not collected automatically. Please click on the ‘make payment’ button to pay fees.
Payment of Fees is not reliant on members being paid for their items as bid4poultry.co.uk Ltd is an advertising service.
Any chargebacks raised on members accounts in relation to fees will incur a £15.00 charge, which becomes immediately payable.
Unless otherwise stated, all fees are quoted in GB Pounds Sterling.
Any changes to the fee structure or charges will be placed on our ‘news’ section of the home page and will be effective 14 days from the date of posting.
Fees associated with auction listings are shown on the listing page, therefore the total fees will be reviewable and determined at the time of listing.
Sellers are responsible and liable for:
- payment of fees (and associated fees ie chargebacks) to bid4poultry.co.uk.
- Payment of any tax/VAT accrued through using bid4poultry.co.uk to the relevant authorities.
8. Transactions though bid4poultry.co.uk
bid4poultry.co.uk promotes the meeting of Members for the purposes of buying and selling items listed for sale through an auction process.
bid4poultry.co.uk are not directly involved in any transaction through the website and therefore are unable to control the authenticity of auction listings along with the condition, welfare and safety of items offered for sale. We cannot guarantee Members that transactions will actually take place as a result of an auction listing, or a winning bid though we will de everything in our power to bring about a successful transaction.
We advise Members to be cautious with transactions undertaken using bid4poultry.co.uk as all use of bid4poultry.co.uk is entirely at the risk of the Members. bid4poultry.co.uk be held responsible in any way for transactions between buyers and/or sellers either intentionally or unintentionally, and we cannot be held liable for typographical errors or misrepresentations contained in listings.
9. Shill Bidding
A ‘shill bid’ is a bid placed on an item by the seller or another person known to the seller (eg a friend, family member or other representative) in order to increase the price of the item under auction.
This practice is prohibited on bid4poultry.co.uk. Any Member taking part, or being suspected of taking part in shill bidding will have their account terminated with immediate effect.
10. Liability
bid4poultry.co.uk accepts no liability for use of the site in transactions between Members.
Members accept sole responsibilty for the legality of their actions when using bid4poultry.co.uk in order to successfully sell and/or purchase goods.
Consumers rights are not affected.
Members confirm, upon acceptance of this Agreement, that bid4poultry.co.uk cannot and will not be held liable for any claim made by any party as a result of use of the website and that bid4poultry.co.uk cannot and will not be held liable for any losses incurred as a direct/indirect result of internet failures of any kind including technical failures or malfunctions.
11. Agreement Amendments
This User Agreement may be amended from time to time, at our discretion. Amendments will be presented on the ‘news’ section within the home page and will be effective 2 days from the date of posting.
12. Forum
Only registered members with authorised accounts may contribute to forum threads. Members agree that in using the forum NO SALES, ATTEMPTED SALES, SHARING OF PERSONAL INFORMATION or any such activites will be permitted as per the forum rules and as such members accounts may be suspended/terminated without notice.
Members agree to be bound by and act in accordance with the forum rules.
13. Charges
13.1 Cancellation of Listings
Members agree to pay charges for cancelling auctions early. These charges are as follows:
£1.50 to cancel any single auction and/or buy it now listing, so long as NO BIDS have been placed on the item.
£3.50 to cancel any single auction and/or buy it now listing that HAS BIDS placed upon it.
These charges are to cover advertising the item (from the start of the advert until cancellation) and administration costs.
13.2 Non Payment of Account Invoice(s)
Any member who does not pay their account invoice relating to fees accrued for advertising and/or selling items through bid4poultry.co.uk Ltd within 7 days of the invoice being sent to the email address registered to their account, agrees that:
- Members accounts will be automatically suspended until all invoices are paid in full and the account is brought up to date. In suspension of the account they will not be able to access any functions within the site except that of loggin in to pay any outstanding invoices.
- If an invoice remains outstanding for 7 days there will be a late payment charge of £2.50.
- A charge of £2.50 will be added for every week & upto 12 weeks thereof that the invoice remains outstanding.
- If after 12 weeks an invoice remains outstanding, a £35 County Court Fee for submission to the local County Court will be placed upon the account and an application made. Bid4poultry.co.uk Ltd will also seek to claim interest upon any application made through the County Court process. Once these charges have been applied to the members account no refund will be given under any circumstances.
13.3 Charges for Card Payments Online adn Cheques
Accounts paid by the following methods are subject to charges as follows:
- 65p - cheque payment
- 20p plus 3.4% of invoice total - paypal payments
- free - bank transfer via internet/telephone banking (Our Sort Code is 40-08-05 and our Account Number is 21435051)
Charges will be applied to generated invoices according to the payment method selected in the Members account Preferences. Any member selecting a payment method and not paying by the stipulated method set within the Preferences of the Members Account will be subject and hereby agree that a £5 administration charge will be added to the Members account.
Bid4poultry.co.uk Ltd cannot be held responsible for payments not being accepted by third parties, it is solely the responsibility of the account holder to ensure Accounts are up to date and paid on time.
CONFIRMATION OF YOUR ACCEPTANCE OF THIS USER AGREEMENT
bid4poultry.co.uk will begin supplying our service to you upon acceptance of this User Agreement. Unless you and bid4poultry.co.uk agree to the contrary, you will be unable to cancel this Agreement under the Consumer Protection (Distance Selling) Regulations 2000 (or any equivelent legislation within the UK/EU) once the supply of our services has begun.
By initialing the box below you are confirming that you:
- have read this User Agreement, Privacy Policy, Failure to Transact Policy, Schedule of Fees along with all of the links contained within (together “the User Agreement”).
- understand and accept the User Agreement in its entirety.
- agree to be bound by the User Agreement
- agree to report any misuse of bid4poultry.co.uk according to the terms of the User Agreement.
- are 18 years of age or older and can form legally binding contracts.
- accept that any abuse or misuse of bid4poultry.co.uk by you will result in your account being terminated and blacklisted.
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