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 Terms
& Conditions |
Terms and conditions
Introduction. These terms and conditions govern the legal relationship between Asia Trading Post Co Ltd, a company registered in Thailand (“thaitrademe”, “we” or “us”), and registered users of our website (“Users”).
Defined terms. The following expressions, used in these terms and conditions, have the particular meanings set out below:
“the Conditions” means these terms and conditions, as the same may be modified from time to time by “thaitrademe” in accordance with section 1.4 below
"the Website” means “thaitrademe” auction website,
“Lot” means any goods offered for sale through the Website
“Seller” means, in respect of “thaitrademe” Auction, the User who listed the Lot for sale; and in respect of a Wanted Auction, any User who offers to sell the Lot
“Buyer” means, in respect of a “thaitrademe” Auction, any User who bids to buy the Lot; and in respect of a Wanted Auction, the User who invited other Users to offer a Lot for sale
“Parties” means, in respect of a Standard Auction, the Seller and the successful Buyer; and in respect of a Wanted Auction, the Buyer and the successful Seller
“Agreement” means the contract incorporating the Conditions, formed between us and any User
“Sale Contract” means, in respect of any Lot, the contract formed between the Parties (to which, for the avoidance of doubt, “thaitrademe” is not a party)
“Standard Auction” means an auction in which a User offers goods for sale through the Website and invites other Users to submit bids
“Wanted Auction” means an auction in which a User invites seeks to purchase goods through the Website and invites other Users to submit offers to sell.
Formation of the Agreement. All prospective buyers and sellers of Lots are required to register as users of the Website prior to making their first bid or trade. By registering as a User, and subsequently by making a bid or trade, you are accepting the then current version of the Conditions and agreeing to be bound by the legal obligations that the Agreement creates. Persons simply browsing the Website may do so without registration.
“Thaitrademe” Membershipthe web site services are available only to individuals who can form legally binding contracts under applicable law. Our services are not available to minors or those users who have been temporarily or indefinitely suspended.
Registration Fees. “thaitrademe” charges a fee displayed on line, for verification of user details at the time of registration. Should a potential user's details not pass verification or the application to join is refused for any other reason at “thaitrademe” discretion, the fees used for processing the application are not refundable.
Termination of Membership by User. A user may terminate their membership of “thaitrademe” at any time by writing, emailing or telephoning “thaitrademe”. “Thaitrademe” contact details can be found on the web site. Account closure cannot be made retrospectively and any registration or annual fee paid prior to the date and time of notification of account closure will be forfeit. Acknowledgement of account closure will be made by email to the User's registered email address.
Reservations. “thaitrademe” reserves the right:
1/.to modify the Conditions at any time and without prior notice to Users, by posting the Conditions as modified on the Website;
2/.to terminate this Agreement with regard to any User who knowingly and/or repeatedly breaches its terms, and to prohibit access to the Website by such Users;
3/. to suspend access to the Website and the User registration of any User, on expiry of the credit or debit card or other payment method entered by the User on his User Registration;
4/. to remove any Lot from the Website, without notice to Sellers or Buyers and without giving reasons (and in particular any Lot that comprises or includes prohibited items listed online on our help pages. The list may be updated at any time and includes products or services that advertisement or sale of which would be illegal under Thailand legislation).
5/. to contact it's registered users from time to time with news of new offers and other matters of potential interest to users.
Place of contract, governing law and jurisdiction. The Agreement shall be deemed to have been formed in Thailand (regardless of the nationality of the User or the jurisdiction from which he accesses the Website), and shall be governed by Thai law. Users submit to the non-exclusive jurisdiction of the Thailand Courts in relation to all matters arising out of the Agreement.
Possession, title and condition of Lots
Sellers’ warranties. Every Seller is responsible for ensuring that he is in a position to sell a Lot before offering that Lot for sale. By offering a Lot for sale, the Seller warrants to us that the Lot is in his possession, that it is in the state described on the Website, and that he has good title and authority to sell it.
Formation of Sale Contracts
Standard Auctions. In relation to Standard Auctions:
1/. if the highest bid exceeds the reserve price, the Seller is obliged to accept the highest bid;
2/. bids are legally binding on Buyers once the auction is complete and may give rise to enforceable obligations under a Sale Contract without any further action on the part of the Buyer, the Seller or “thaitrademe”. “Thaitrademe” will consider an application for bid retraction made in writing before auction close to “thaitrademe”.
Wanted Auctions. In relation to Wanted Auctions:
1/. offers for sale by Sellers cannot be cancelled once placed, and may give rise to enforceable obligations under a Sale Contract without any further action on the part of the Seller or “thaitrademe”;
2/. offers for sale may be accepted by the Buyer, at any time within 48 hours of the close of the auction period, in accordance with the terms of the Wanted Auction;
3/. the Sale Contract becomes legally effective upon acceptance by the Buyer of a Seller’s offer for sale.
Notification of contact details. At conclusion of the auction, we will notify the Parties of the formation of the Sale Contract, and provide each of them with the other’s contact details.
Completion of Sale Contract. The Parties are responsible for completing the Sale Contract, including making arrangements between themselves to effect a speedy exchange of goods and payment. It is the responsibility of the Seller to collect payment from the Buyer and to deliver the Lot in a timely manner; and it is the responsibility of the Buyer to make payment and satisfy itself that the Lot conforms to its description.
For the avoidance of doubt, “thaitrademe” shall have no obligation to Users in respect of ensuring performance of a Sale Contract, other than to notify the relevant parties in accordance with section 3.3 above. “thaitrademe” cannot become involved in resolution of disputes between Parties, but will provide what relevant factual information it can to both Parties and to any outside agency appointed by either Party to resolve any dispute.
Pricing and payments
Pricing of Lots
Tax. All prices listed by Sellers or bid by Buyers using the Website must be inclusive of all Thai taxes (including VAT or other sales taxes, if any) payable in respect of the Sale Contract. The Seller is responsible for payment of all such taxes.
Delivery charges. Delivery Charges are included or not in the pricing of Lots according to the indication in the Lot description.
“Thaitrademe” Fees. “thaitrademe” charges a commission on each Sale Contract, calculated as a proportion of the sale price of the Lot, in accordance with the commission structure set out on the web pages. The commission is payable by the Seller on formation of the Sale Contract, and the Seller hereby authorises payment to “thaitrademe” of such commission by means of the credit or debit card or other payment method entered by the Seller on his User Registration.
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