General Terms and Conditions

This web site is intended to be a very friendly, enjoyable and useful experience, however, as with anything concerning any kind of transaction there are risks involved and we strongly advise you to understand all of these terms before joining. If you spot a listing that you feel is violating the general terms and conditions of this web site as stated below please let us know by contacting us.

Intellectual Property.

All materials provided on this web site, including but not limited to information, documents, products, logos, graphics, images, auctions, and services are the wholly owned and copyrighted work of 4 Sail Now. None of the materials posted on this site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission from 4 Sail Now. You may not "mirror" any materials contained on this web site on any other server or site without 4 Sail Now's prior written permission.

Bidding and Buying.

As a buyer, you have a legal obligation to complete a transaction with a seller if you purchase an item using a fixed price format or if you are the highest bidder at the end of an auction (meeting or above the minimum bid price or reserve price) and your bid is accepted by the seller, unless the transaction is prohibited by law or by these terms and conditions.

By bidding on an item you agree to be bound by the conditions of the sale included in the item’s description provided that those conditions of sale are not in breach of these terms and conditions or otherwise unlawful.

Listing and Selling.

If you are a seller, you must ensure that you are legally able to sell each item included in a listing on the site, and that it is lawful to sell the item to UK residents. You MUST describe the item and all terms on the listing page. Your listing may only include text descriptions, graphics, pictures and other content relevant to the sale of that item and you are responsible for ensuring that you have the right to use all content in your listing. In all “Dutch Auctions” (Multiple item auctions) items must be identical, unless otherwise clearly stated in the item description.

Listing an item in an auction indicates your intent to sell this item to the highest bidder, who meets or exceeds the minimum bid price (or in the case of a reserve auction, who meets or exceeds the reserve price) and is irrevocable. This intent to purchase is legally binding. Upon completion of the auction it is your responsibility to conclude the sale with the winning bidder. In order to list (post) an item on this auction site you must agree to the following terms:

- You will not inflate the price of your item by bidding on the item yourself.

- You will not engage in any fraudulent or illegal activity.

- You will not infringe on any third party copyright, trademark, service mark or patent.

- You will not spam (send unsolicited email) to users of this site. Spamming will result in immediate termination.

- You will not use the listing as an advert or for any other marketing purpose which is not related to the item for sale.

Rights To Suspend or Terminate.

You agree that 4 Sail Now, at its own discretion, may terminate any auction or use of the service immediately and without notice if:

(a) We believe that you are not abiding by the general rules of this web site.
(b) You have repeatedly broken the terms and conditions of use of this web site.

(c) You have listed a suspicious item.

(d) We believe you to be a non paying bidder. In most cases when we suspect foul play we will suspend your account/listing whilst we investigate further. If our investigation is conclusive then your account with us will be terminated.

(e) Your Reputation goes below 50% after 3 or more ratings.

(f) We have any other valid reason to Suspend or Terminate your account.

Fees.

You agree to pay all fees incurred from your use of this web site. All fees incurred through the use of this web site are non-refundable. We reserve the right to change fees without prior notice, however, in most cases we will try to inform users before any such changes are made.

Your Conduct.

You are solely responsible for the contents of your auctions through this web site. You must ensure that your participation in the selling, buying or listing of items does not violate any applicable laws or regulations. By this we mean that you must check that you are entitled to sell or buy the relevant item and that you are not prohibited from doing so by any law or regulation.

You must not transmit via this service any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material. You must also not transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation.

Membership.

In order to register on this site you must provide your true name, a valid email address and be over 16 years of age.

Membership of this web site is only available to those who can form a legally binding contract. This web site does not permit people under the age of 16 to register. If any member fails to sign up with their correct age the account will be terminated immediately.

General Terms.

This site acts as the window for sellers to conduct auctions and for bidders to bid on sellers' auctions. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items listed. Furthermore, 4 Sail Now cannot guarantee the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot and do not control whether or not sellers will complete the sale of items they offer or buyers will complete the purchases of items they have bid upon.

4 Sail Now shall not be responsible for any items sold by auction, for any damage to items during transit or during the inspection period, or for misrepresentation and/or breach of contract by either buyer and/or seller. Furthermore, we shall not be responsible for the cost of procurement of substitute goods or any losses resulting from any goods purchased or obtained.

4 Sail Now assumes NO liability for the content of any listings.

However, if you become the victim of a fraudulent transaction we will assist you as much as we can.

Limitation of Liability

4 Sail Now SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES SUFFERED AS A RESULT OF PURCHASING OR SELLING ITEMS ON THIS WEB SITE. IN NO EVENT SHALL THE SITE OWNER BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER ARISING, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEB SITE, EVEN IF THE SITE OWNER HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE TO HOLD MLOT HARMLESS FROM, AND YOU COVENANT NOT TO TAKE ANY LEGAL OR OTHER ACTION AGAINST BID MARINE, ASSERTING ANY CLAIMS BASED ON OR RELATED TO THE USE OF THIS WEB SITE.

Laws.

These Terms of Service shall be governed by and constructed in accordance with the laws of Scotland and any disputes will be decided only by the Scottish Courts.