1. These terms and conditions apply to all users of the auction and other trading services (the “Logshed Services”) available from the website located at (the “Logshed Website”). By using the Logshed Services or otherwise accepting these terms and conditions, you are entering into a legally binding contract with Logshed (“Logshed”). These terms and conditions, together with any other agreements, policies or documents referred to in these terms and conditions, will govern your use of the Logshed Website.
Logshed is owned by Five Industries LLP a company registered in England a Wales with company number OC419174 with registered office at:
27 OLD GLOUCESTER STREET
You can contact us by writing to this address or by sending an email to: firstname.lastname@example.org
2. Logshed may, in its sole discretion, amend these terms and conditions at any time by posting amended terms and conditions on the Logshed Website. All amended terms shall be effective 14 days after being posted. Logshed will endeavour to notify all registered users by email that the terms and conditions have been changed and refer users to the Logshed Website. Your continued use of the Logshed Website after any amended terms and conditions have been posted on the Logshed Website and have taken effect will be taken as your agreement to the amended terms and conditions.
3. In order to use the Logshed Website and the Logshed Services, you must be over the age of 18 or, for a legal entity, you must have authority to form a legally binding contract. Before using the Logshed Services, you must complete a registration form and send all required information to Logshed via the Logshed Website. Once Logshed has received and approved this information, it will notify you that your registration is complete and provide you with a user ID and password specific to the Logshed Website. You will also need to set up a PayPal account for payment and receipt of the deposit on any item which you buy or sell via the Logshed Website and you will need to give details of this account to Logshed.
4. You are responsible for all action taken under your user ID and password on the Logshed Website. You therefore agree that you will only use your own user ID and password when using the Logshed Services and will keep your user ID and password safe at all times and not transfer them to any other person or legal entity.
5. You also agree to ensure that your contact details which are held by Logshed, including your email address, are correct at all times and that you will update them on the Logshed Website whenever necessary.
6. You agree that you will not do any of the following:
(i) breach any of these terms and conditions or documents referred to in them;
(ii) breach any rules or policies set out on the Logshed Website;
(iii) use the Logshed Website for any illegal purpose;
(iv) use the Logshed Website in a way that may impair its performance, corrupt its content or otherwise harm its overall functionality;
(v) distribute spam, other unsolicited electronic communications or distribute viruses whilst using the Logshed Website;
(vi) compromise the security of or attempt to gain access to confidential information on the Logshed Website;
(vii) manipulate sale prices in any way, including by bidding through a secondary account, shill bidding or communicating with other buyers or sellers; or
(viii) attempt to change or otherwise interfere with other users’ listings.
7. Logshed reserves the right, in its sole discretion, to disapprove, suspend or terminate your user registration at any time.
8. If you are selling an item, you agree that when you list an item to be auctioned or sold by a classified advertisement via the Logshed Website, the description that you post on the Logshed Website will be accurate and not misleading. You take full responsibility for the accuracy of the content of any listing and the item itself. You also warrant that you own the item outright and are entitled to sell it.
9. You may stipulate a reserve price for any item when you post the listing.
10. If you cancel an item after bidding has commenced, you agree to pay a fee as set out in the Fees Schedule on the Logshed Website.
11. At the end of an auction of any of your items, Logshed will notify you by email whether your item has been sold via the Logshed Website and, if so, the amount of the winning bid and details of the buyer.
12. Logshed will also notify you when it has received the deposit from the buyer after which Logshed will deduct its fee (as set out in the Fees Schedule on the Logshed Website) and forward the remainder of the deposit to your PayPal account. Until and unless a deposit is received from the buyer, Logshed shall not be liable to pay the balance of the deposit to you. Once an auction has ended, you agree to deliver the item to the buyer or contact the buyer to arrange collection by (depending on what is stated in the listing) within the timescale detailed in the listing.
13. By posting a listing on the Logshed Website, you grant Logshed an irrevocable, worldwide licence to any rights you may have in the content of that listing (including copyright and any other intellectual property rights). You also waive any moral rights you may have in the content of that listing.
14. You acknowledge that Logshed has no control over inaccurate or deceptive information posted nor over the ownership, quality, safety or legality of any item listed.
15. If you are bidding for an item, you acknowledge that once you have placed a bid for an item on the Logshed Website, it may not be retracted.
16. The Logshed Website provides an automatic bidding tool whereby you can enter the maximum bid you are prepared to pay for an item. The automatic bidding system will keep that amount secret from the seller and any other buyers but will automatically bid up to that maximum on your behalf against other bidders. If, during the course of the auction, you are outbid, Logshed will notify you by email and invite you to respond with a higher bid.
17. If you bid for and are successful in winning an item auctioned on the Logshed Website, Logshed will notify you by email at the end of the auction and inform you of the amount of the winning bid. You agree to pay a deposit to Logshed (details of the amount of the deposit are set out in the Fees Schedule on the Logshed Website) via your PayPal account within 48 hours of the end of the auction. This deposit is non-returnable (under any circumstances) to you by Logshed. You agree to deliver the remainder of the payment to the seller within the timescale and in the manner stipulated by the seller in the item’s listing. You also agree to accept delivery of the item or to arrange with the seller to collect the item depending on what is stated in the listing.
18. You acknowledge that there are certain types of item which may be listed on the Logshed Website (particularly land and machinery) for which a legally binding contract for sale cannot be created by a bid alone. For these types of transaction, further actions may be necessary by one or both parties to create a legally binding contract. These may include requirements such as for there to be a valid contract in writing, for a particular form to be completed and/or for the transaction to be registered with organisations such as land registries or vehicle licensing agencies.
19. Where a buyer successfully bids for this type of item, the bid represents a serious intention for the buyer to buy the item at the agreed price and both the seller and the buyer agree to carry out all further actions and complete all documents necessary for the sale of the item to take place at the agreed price. Whether or not these further actions and documents are completed, Logshed shall be entitled to payment of its fee and to forward the balance of the deposit to the seller.
20. There is no charge to register as a user of the Logshed Website, to list an item for sale by auction or to bid on an item in an auction. Logshed will charge a fee to the seller for any item that is successfully sold in an auction via the Logshed Website, in accordance with the Fees Schedule on the Logshed Website. Logshed will deduct its fee from the deposit paid by the buyer then forward the remainder of the deposit to the seller via PayPal.
21. The fee for listing an item for sale through a classified advertisement via the Logshed Website is as set out in the Fees Schedule on the Logshed Website. You must pay the listing fee for a classified advertisement to Logshed via your PayPal account when you list the item.
22. You acknowledge that Logshed is providing a facility in the form of the Logshed Website for sellers to list items for sale and for buyers to bid for those items. Each transaction is between the two users buying and selling the relevant item and Logshed is not a party to any contract relating to the sale of an item. Logshed does not at any point have possession, control or ownership of any item listed for sale.
23. Logshed does not review listings posted by users and does not guarantee the quality, safety or legality of items listed, the suitability of an item for any purpose, the truth or accuracy of listings, the ability of users to buy or sell the items or that any transaction will complete.
24. Sellers are solely responsible for the quality, safety and legality of their items listed for sale and the truth and accuracy of their listings.
25. You will not hold Logshed responsible for any loss you may incur resulting from the action or inaction of any other user, nor for ensuring that a user actually completes any transaction. If you have a dispute with another user of the Logshed Website, you release Logshed from any claims, demands or damages arising out of or connected with any such dispute.
26. Logshed will use its reasonable endeavours to ensure that users have access to the Logshed Website and the Logshed Services but you acknowledge that Logshed does not guarantee to provide an uninterrupted service and at times access may be interrupted. You acknowledge that Logshed shall not be liable for any losses arising from your use or inability to use or access the Logshed Website for any reason or losses due to delays, corruption of data, failure of delivery of data or service interruptions.
27. Regardless of anything to the contrary in the above paragraphs, if Logshed is found liable, its maximum liability to you is limited to the amount of fees you have paid for the Logshed Services during the 12 month period prior to the date the damage or loss occurred.
28. Nothing in these terms and conditions shall limit or exclude Logshed’s liability for fraudulent misrepresentation, for death or personal injury caused by Logshed’s negligence or for any other liability that cannot be limited or excluded by law.
29. You agree to compensate Logshed for any claims or losses it incurs which result from you breaching any of these terms and conditions or arise from your use of the Logshed Website or Logshed Services.
30. If Logshed is named as a party in any legal proceedings brought against you by another user of the Logshed Website, you agree to compensate Logshed for any costs which it incurs in defending such proceedings.
32. You acknowledge that users of the Logshed Website may need to share personal and financial information in order to complete sales. You agree to use any personal information supplied by another user only in accordance with applicable laws and solely for the purposes of concluding transactions arranged via the Logshed Website, using the Logshed Services or other uses to which the user has explicitly consented.
33. You acknowledge that Logshed cannot be held responsible for how other users treat your personal data which you provide to them.
Disputes Between Users
34. In the event of any dispute between you and another user relating to a transaction facilitated by the Logshed Website, this dispute must be resolved between you and the other user. Logshed is not a party to any contract for the sale of an item via the Logshed Website and cannot become involved in the resolution of any such dispute.
35. In order for the Logshed Website to operate effectively, Logshed requires users to comply with these terms and conditions. If you encounter any problems or become aware of any breaches by other users of these terms and conditions or any other policies referred to in them, please notify Logshed immediately.
36. If Logshed becomes aware that you are in breach of these terms and conditions, acting illegally, infringing any third party rights or otherwise acting inconsistently with the spirit of these terms and conditions, Logshed may suspend or terminate your user registration which means that you will no longer be able to use the Logshed Services.
37. A person who is not a party to this agreement does not have the right to enforce any of these terms and conditions.
38. If any provision contained in these terms and conditions or any other document referred to in them is found to be invalid, illegal or unenforceable, that provision shall be deemed to be deleted and the rest of the terms and conditions shall remain in force.
39. Logshed may at any time set off any liability of you to Logshed against any money owed by, or other liability of, Logshed to you, whether or not either liability arises under these terms and conditions. Any exercise by Logshed of this right shall not limit or affect any other rights or remedies available to it.
40. If Logshed fails to exercise any of its rights under these terms and conditions, this will not constitute a waiver of that or any other right nor will it affect any subsequent exercise of that right or any other right that Logshed may have.
41. Logshed may at any time and without your consent assign, transfer or otherwise deal with its rights and obligations under these terms and conditions.
42. These terms and conditions and any documents referred to in them constitutes the whole agreement between you and Logshed and supersedes all previous agreements between you and Logshed in relation to your use of the Logshed Website.
43. Nothing in these terms and conditions shall create any partnership, joint venture or agency relationship between you and Logshed.
44. These terms and conditions and any claim arising out of them shall be governed by and construed in accordance with the law of England and Wales. You agree to submit to the exclusive jurisdiction of the courts of England and Wales which means that, if you bring a claim against Logshed, you must do so in a court located in England or Wales.