Terms of Service

AGREED TERMS

1. About us

1.1 Company details. LRC Motorcycle Auctions (we and us) is a company registered in Northern Ireland, and our registered office address is at 103 Armagh Road BT62 3DN Portadown. Our UK VAT number is ***********. We operate the website https://lrcmotorcycleauctions.co.uk/.
1.2 Contacting us. Contact us via email at info@lrcmotorcycleauctions.co.uk to give us formal notice of any matter under the Contract is set out in 16.2.

2. Our contract with you

2.1 Our contract. These terms and conditions (Terms) apply to the order by you and supply of goods by us to you (Contract). By ticking the box on our website and placing an order, you agree to be bound by these Terms. No other terms are implied by trade, custom, practice or course of dealing.
2.2 Seller of Record. LRC Motorcycle Auctions is a third-party marketplace so the Seller of Record (SoR) may vary. The Seller of Record will be clearly identified on every product listing.

2.3 Entire agreement. The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
2.4 Language. These Terms and the Contract are made only in the English language.
2.5 Your copy. You should print a copy of these Terms or save them to your computer for future reference.

3. Placing an order and its acceptance

3.1 Placing your bid. Please follow the onscreen prompts to place your bid. Whenever you place a bid, you agree to buy the item if you win the auction. Each bid is an irrevocable offer by you to buy the goods specified in the order (Goods) subject to these Terms. If your bid is successful you are bound to purchase the Goods from the seller.
3.2 Proxy bid. In order to place a proxy bid, the bid must be equal to, or greater than, the following formula:

Current bid + (2 x incremental bid)

For example:

Current bid - £42

Incremental bid for £30 to £50 - £3

Minimum bid to be considered proxy - £42 + (2 x £3) = £48

3.3 Correcting input errors. Our bidding process allows you to check and amend any errors before submitting your bid to us. Please check your bid carefully before confirming it. You are responsible for ensuring that your bid is complete and accurate.
3.4 Reserve price. The Goods may be subject to a minimum reserve price set by the seller. If the reserve price isn't met, the item won't be sold to the highest bidder and may be relisted for sale. We reserve the right to reject any bids which we feel in our sole discretion do not reflect reasonable value.
3.5 Acknowledging receipt of your order. After you win an auction, you will receive an email from us acknowledging that we have received your order, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in 3.6.
3.6 Accepting your order. If you see 'reserve not met' after placing a bid, you won't win the item, even if you're the highest bidder at the end of the auction. We will confirm our acceptance to you by sending you an email that confirms that the Goods have been dispatched or are available for collection (as applicable) (Dispatch Confirmation). The Contract between you and us will only be formed when we send you the Dispatch Confirmation. If you are collecting the Goods, Goods must be collected within 48 hours of the Dispatch Confirmation.
3.7 If we cannot accept your order. We reserve the right to refuse an order at any time for any reason at our absolute discretion. If we are unable to accept your order or are unable to supply you with the Goods for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Goods, we will refund you the full amount including any delivery costs charged as soon as possible.
3.8 Questions during auctions. You may ask us questions about the Goods via the website during an auction. Although we make reasonable efforts to ensure any replies and information provided is accurate, we make no representations, warranties or guarantees, whether express or implied, that any such replies and information is accurate, complete or up to date.
3.9 Aftersales. These Terms shall also apply to aftersales (if applicable).

4. Our goods

4.1 The images of the Goods on our website are for illustrative purposes only and may include stock images. Although we have made every effort to display the products accurately, we cannot guarantee the accuracy of the colours, sizes or styles and Goods may vary slightly from those images.
4.2 Although we have made every effort to be as accurate as possible, due to the nature of the business, all sizes, weights, capacities, dimensions and measurements indicated on our website may not be accurate.
4.3 The Goods listed on our website are sold ‘as is, where is, and with all faults’ and inventory may vary by +/- 10%. All implied terms under the Sale of Goods Act 1979 as to quality and fitness are excluded to the fullest extent possible.
4.4 The packaging of your Goods may vary from that shown on images on our website.
4.5 We reserve the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirement.
4.6 Clearance stock. This is surplus end of range stock, which is believed to be in mostly brand new condition.

4.7 Each category may include damaged. No auction lot is the same, therefore the breakdown of damaged to brand new stock is completely unique for each sold lot.
4.8 LRC MOTORCYCLE AUCTIONS provides no guarantee/warranty for any individual items included in our Motorcycle Auctions.

5. Return and refund

5.1 Your offer to purchase the Goods constitutes an irrevocable offer which may not be withdrawn by you. We will only accept the return of Goods at our absolute discretion. We do not take responsibility for discrepancies in the description or quantities of the Goods, and you do not have the right to refuse an order. Subject always to clause 4.3, if any items are missing from the order, we may offer a refund for the missing Goods at our sole discretion in accordance with clause 5.2.
5.2 If any items are missing from the Order, you must:

notify us immediately using the contact details set out at clause 1.2; and
provide photographic evidence of the Goods contained in the delivery;
complete a refund request form.

Once we are in receipt of the requirements set out in this clause 5.2, we may, at our sole discretion, offer a pro-rata refund for the missing items.

5.3 We reserve the right to refuse an order at any time. If we refuse an order, we will use our reasonable endeavours to process a refund within 48 hours of confirmation from us of such refusal.

6. Prohibited activities

6.1 You must not:

1. re-sell the Goods on any marketplace that is specified in the listing;
2. engage in any action with a seller on the website designed to complete or facilitate a transaction outside of the LRC Motorcycle Auctions website;
3. share or request direct contact information from a seller prior to completing a sale;
4. misuse feedback, returns, or payment dispute processes;
5. use any of LRC MOTORCYCLE AUCTIONS’ or the major retailer’s pictures, images, logos or packaging for resale purposes;
6. collude to copy, reproduce, transmit, publish, display, distribute or commercially exploit or create derivative work or such material and content from this website, the use of which is strictly prohibited.

7. Buyer’s Obligations

7.1 The buyer shall:

act conscientiously and in good faith towards LRC Motorcycle Auctions, its Marketplace Sellers and other Buyers, and not allow its interests to conflict with the duties that it owes to LRC Motorcycle Auctions and its Marketplace Sellers under this Contract and the general law;
comply with all instructions of LRC Motorcycle Auctions from time to time concerning the use of the Website and the marketing and sale of the Goods on the Website, and generally to perform its obligations in the best interests of LRC Motorcycle Auctions;
comply with all applicable laws, statutes, regulations, and codes, and comply with any conditions binding on it in any applicable licences, registrations, permits and approvals;
acknowledge that all stock is sold without guarantee. The responsibility is with the Buyer to make sure items comply with all applicable laws, statutes, regulations, and codes, and comply with any conditions binding on it in any applicable licences, registrations, permits and approvals before resale;
be liable for criminal prosecution if it attempts to return goods to the Source Company or major retailer in order to obtain a full refund;
remove the name of any major retailer, company or any trade mark from the merchandise prior to resale. Any item, tags, markings, labels and packaging carrying the major retailer’s name must be removed prior to resale;
all responsibilities and liabilities lie with the customer to make sure that the items are repaired to current safety standards. The customer must have done the relevant tests; functionality test, PAT test and any other testing recommended by the Environment Agency Authority;
In any event, if the above terms and conditions are not complied with or met, LRC MOTORCYCLE AUCTIONS reserve the right to prosecute the and all LRC MOTORCYCLE AUCTION’s legal costs will be paid for by the Buyer.

8. Delivery, transfer of risk and title

9.1 An estimated delivery date will be provided in the Dispatch Confirmation. Occasionally delivery to you may be affected by an Event Outside Our Control. See 15 (Events outside our control) for our responsibilities when this happens. Time of delivery is not of the essence.
9.2 Delivery is complete once the Goods have been unloaded at the address for delivery set out in your order or collected by you or a carrier organised by you to collect them from us (as applicable), and the Goods will be at your risk from that time.
9.3 You own the Goods once we have received payment in full, including all applicable delivery charges.
9.4 If we fail to deliver the Goods, our liability is limited to the cost of the Goods. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of Goods.
9.5 When your Goods are to be delivered to you, you must ensure that you are available to receive the Goods at the time they are due to be delivered to you. In the event that we are unable to deliver the Goods to you at such time and date, then we shall charge you for all related costs and expenses (including additional haulage costs) relating to the delayed delivery and any subsequent delivery that needs to take place.
9.6 When your Goods are to be collected by you, you must ensure that you collect the Goods at the time agreed for collection, and in any event within 48 hours of the Dispatch Confirmation. In the event that you do not collect the Goods at such time and date, then we shall charge you for all related costs and expenses (including additional storage costs) relating to the delayed collection and any subsequent collection that needs to take place. In the event that you do not collect the Goods within 7 days of the Dispatch Confirmation, at our sole discretion we may cancel your order and issue you with a refund of the price of the Goods, less related costs and expenses (including storage costs).

10. No international delivery

10.1 LRC Motorcycle Auctions EU ships to countries within the EU.

11. Price of goods and delivery charges

11.1 The price of Goods excludes VAT (where applicable) which shall be charged in addition at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.
11.2 The price of the Goods does not include delivery charges. You must pay the applicable delivery charges in addition to the cost of the Goods. Our applicable delivery charges are as advised to you during the check-out process. To check relevant delivery charges, please refer to our Delivery Charges page https://LRCMotorcycleAuctions.co.uk/policies/shipping-policy.
11.3 We sell a large number of Goods through our website. It is always possible that, despite our reasonable efforts, some of the Goods on our website may have an incorrect reserve price. If we discover an error in the reserve price of the Goods you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Goods at the correct minimum price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Goods and refund you any sums you have paid.

12. How to pay

12.1 When you bid on the Goods you are obliged to complete the purchase in the event that you win the auction.
12.2 You can only pay for Goods using a debit card or credit card. We accept the following cards: VISA and Mastercard.
12.3 You must pay for the Goods by 12:00am (midnight) on the day of your successful bid.
12.4 If you do not pay for the Goods in accordance with clause 10.3, we may cancel your order and an unpaid cancellation will be recorded on your account. Customers who have excessive unpaid cancellations may have limits imposed by a seller or by us or lose their buying privileges.
12.5 Payment for the Goods and all applicable delivery charges is in advance. Bids are legally binding and at the end of the auction we will charge your stored credit or debit card using automatic payments at midnight or shortly thereafter unless you have submitted an online payment for the Goods in accordance with clause 10.3. before midnight on the day of the auction concluding.
12.6 We will send you a payment remittance and invoice for the payment made for the Goods, delivery charges and any other charges relating to the order. This will be issued to you via email after the Dispatch Confirmation is sent.

13.Our warranty for the goods

13.1 The Goods are intended for use only in the UK. We do not warrant that the Goods comply with the laws, regulations, or standards outside the UK.
13.2 We provide a warranty that on delivery, the Goods shall, subject to clause 4, conform in all material respects with their description.
13.3 Subject to se 11.4, if:

1. you give us notice in writing within 2 days of completion of delivery of the Goods that some or all of the Goods do not comply with the warranty set out in 11.2;
2. we are given a reasonable opportunity of examining the Goods; and
3. we ask you to do so, you return the Goods to us or the seller (as we specify) at your cost,

we will, at our option, replace the defective Goods, or refund the price of the defective Goods in full.

13.4 We will not be liable for breach of the warranty set out in 11.2 if:

1. you make any further use of the Goods after giving notice to us under 11.3;
2. you alter or repair the Goods without our written consent;
3. the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
4. the Goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.

13.5 We will only be liable to you for the Goods' failure to comply with the warranty set out in 11.2 to the extent set out in this 11.
13.6 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
13.7 These Terms also apply to any replacement Goods supplied by us to you.

14. Our liability: your attention is particularly drawn to this clause

14.1 References to liability in this 12 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
14.2 We do not guarantee that the website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the website for business and operational reasons at any time.
14.3 The content on the website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the website.
14.4 Where the website contains links to other sites and resources provided by third parties, these links are provided for information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
14.5 The website may include information and materials uploaded by other users of the website. This information and these materials have not been verified or approved by us. The views expressed by other users on the website do not represent our views or values.
14.6 We do not guarantee that the website will be secure or free from bugs or viruses. We cannot be held liable for any errors on the website, inability to use the website, or problems with registration or accepting bids.
14.7 Any items of equipment may not comply with the Health and Safety a Work etc. Act 1974 and other health and safety legislation. It is your responsibility to ensure compliance with health and safety regulations.
14.8 The seller will be the exporter of record. You must comply with all applicable export or import control laws. We reserve the right to cancel an auction or rescind a sale if there is a potential breach of export or import control regulations.
14.9 You should not rely on the photographs contained on the website. We reserve the right to use stock images. Stock images are not an accurate reflection of the Goods. Colours and sizes may vary. You should therefore read the description carefully before placing a bid. No warranty is given.
14.10 Nothing in these Terms limits or excludes our liability for:

1. death or personal injury caused by our negligence;
2. fraud or fraudulent misrepresentation; or
3. any other liability that cannot be limited or excluded by law.

14.11 Subject to 12.10, we will under no circumstances be liable to you for:

1. any loss of profits, sales, business, or revenue;
2. loss or corruption of data, information or software;
3. loss of business opportunity;
4. loss of anticipated savings;
5. loss of goodwill; or
6. any indirect or consequential loss.

14.12 Subject to 12.10, our total liability to you for all losses arising under or in connection with the Contract will in no circumstances exceed 100% of the price of the Goods.
14.13 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.

15. Reporting a seller

15.1 You should report a seller if you think they are not complying with our terms. This includes (but is not limited to):

1. they do not intend to complete the sale and purchase of Goods;
2. they have provided you with false contact information;
3. they provided an inaccurate description of the Goods;
4. they offer to sell you the Goods outside of our website;
5. the listing infringes on someone else’s copyright; and
6. they send inappropriate messages.

16. Termination

16.1 Without limiting any of our other rights, we may suspend the supply or delivery of the Goods to you, or terminate the Contract with immediate effect by giving written notice to you if:

you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 14 days of you being notified in writing to do so;
you fail to pay any amount due under the Contract on the due date for payment;
you fail to take delivery of the Goods or collect the Goods (as applicable) on the date and time specified by us;
you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
your financial position deteriorates to such an extent that in our reasonable opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.

16.2 Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.
16.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.

17. Events outside our control

17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
17.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:

we will contact you as soon as reasonably possible to notify you; and
our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

17.3 We may cancel the Contract affected by an Event Outside Our Control which has continued for more than 90 days. If we opt to cancel, we will notify you of such cancellation. Immediately upon receipt of such notice, you will return (at our cost) any relevant Goods you have already received and we will refund the price you have paid, including any delivery charges.

18. Communications between us

18.1 When we refer to "in writing" in these Terms, this includes email.
18.2 Any notice or other communication given under or in connection with the Contract must be in writing and be delivered by hand, sent by pre-paid first class post or other next working day delivery service, or email.
18.3 A notice or other communication is deemed to have been received:

if delivered by hand, at the time the notice is left at the proper address;
if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
if sent by email, at 9.00 am the next working day after transmission.

18.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
18.5 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

19. Data protection

19.1 We may collect, use, store and transfer different kinds of personal data about you as follows:

1. Identity Data: includes first name, maiden name, last name, username or similar identifier, title, date of birth and gender.
2. Contact Data: includes billing address, delivery address, email address and telephone numbers.
3. Financial Data: includes bank account and payment card details.
4. Transaction Data: includes details about payments to and from you and other details of products you have purchased from us.
5. Technical Data: includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access our website.
6. Profile Data: includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
7. Usage Data: includes information about how you use our website, products and services.
8. Marketing and Communications Data: includes your preferences in receiving marketing from us and our third parties and your communication preferences.

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). Please refer to our privacy policy at https://LRCMotorcycleAuctions.co.uk/policies/privacy-policy (privacy policy) for more information about the data we collect, and the different methods we use to collect data about you.

19.2 We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

1. Where we need to perform the Contract.
2. Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
3. Where we need to comply with a legal obligation.

19.3 We will only use your personal data for the purpose for which we collected it which include the following:

1. To register you as a new customer.
2. To process and deliver your order.
3. To manage your relationship with us.
4. To enable you to complete a survey.
5. To improve our website, products/services, marketing or customer relationships.
6. To recommend products or services which may be of interest to you.

19.4 We may share your personal data with external third parties, such as the sellers of the Goods. More detail can be found in our privacy policy.
19.5 We may transfer, store and process your personal data outside the UK. More detail can be found in our privacy policy.
19.6 Under certain circumstances, you have rights under data protection laws in relation to your personal data including the right to receive a copy of the personal data we hold about you, the right to request erasure of your personal data, and the right to make a complaint at any time to the Information Commissioner's Office, the UK regulator for data protection issues (www.ico.org.uk). More detail can be found in our privacy policy.
19.7 If you are looking for more information on how we process your personal data including on data security, data retention and lawful processing bases, please access our privacy policy.

20. General

20.1 Assignment and transfer.

1. We may assign or transfer our rights and obligations under the Contract to another entity.
2. You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.

20.2 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
20.3 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.
20.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
20.5 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
20.6 Governing law and jurisdiction. This Contract is governed by English and Welsh law and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the English and Welsh courts.