Terms & Conditions
1. Who we are
"Curated Cranks" / "we" / "us" and "our" means Curated Cranks Limited, company registration number 12886120 and the registered office of which is at c/o Crown House, 27 Gloucester Street, London, WC1N 3AX.
2. About our terms
These Terms explain how you may use this website www.curatedcranks.com (the “Site”). Additional to these Terms, the following terms apply to your use of the Site:
- You should read these Terms carefully before using the Site.
- By accessing or using the Site or otherwise indicating your consent, you agree to be legally bound by these Terms and the documents referred to in them.
- If you do not agree with or accept any of these Terms, you should stop using the Site immediately.
- If you have any questions about the Site, or you would like to make a complaint about our services, please contact us by e-mail on: firstname.lastname@example.org
The following definitions shall apply:
- "Auction Listing" means any Bicycles and Accessories listed for sale on the Site;
- "Buyer" means a person who registers with us for the purpose of submitting bids for the purchase of an Auction Listing;
- "Buyer Premium" (the "Fees") means the fees payable to Curated Cranks by the Buyer
- "Content" means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Site;
- “Live Auction” has the meaning given to it in clause 6.3
- "Seller" means the person who registers with us for the purpose of listing a Bicycle or Accessory for sale;
- "Terms" means these terms and conditions of use as updated from time to time under clause 22;
- "You" means a Buyer or a Seller or any other person accessing, browsing or using the Site or its Content (and "your" shall have the same meaning).
4. Using the site
- We only provide a platform for a Seller to post their Auction Listing for sale and a Buyer to bid on an Auction Listing with the intent of purchasing such Auction Listing. We do not act as agent for any party and we are not involved in the contracting process nor are we a party to the sale contract between the Buyer and the Seller.
- You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site.
- The Site is intended for use only by those who can access it from within the European Union and the Channel Islands and Isle of Man. If you choose to access the Site from locations outside the European Union, Channel Islands and Isle of Man, you are responsible for compliance with local laws where they are applicable.
- We may prevent or suspend your access to the Site if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.
- As a condition of your use of the Site, you agree:
- not to use the Site for any purpose that is unlawful under any applicable law or prohibited by these Terms;
- not to use the Site to commit any act of fraud;
- not to use the Site to distribute viruses or malware or other similar harmful software code;
- not to use the Site for purposes of promoting unsolicited advertising or sending spam;
- not to use the Site to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
- not to use the Site in any manner that disrupts the operation of our Site or business or business of any other entity;
- not to use the Site in any manner that harms minors;
- not to promote any unlawful activity;
- not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
- not to use the Site to gain unauthorised access to or use of computers, data, systems, accounts or networks; and
5. Your account with us
- The Site is available for users if you are at least 18 years old. In order to use the Site as a Buyer or Seller you must first register, and you will need to provide at least the following information:
- Name (First and Last)
- Telephone Number
- Email Address
- such other information we may request at sign up to verify your identity.
- For a Seller, you must confirm that you have legal ownership of the Auction Lot, preferably with proof. If the Bicycle is subject to finance the amount outstanding must be confirmed prior to listing with an explanation of how this will be cleared if it is indeed linked to the Bicycle
- If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
- We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
- If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.
6. Listing a bicycle or accessory for sale on our site
- You must first submit a request for listing through the Site, using the sell pages. Further information can be found in our FAQs.
- Curated Cranks will consider the proposed Auction Listing request and confirm if the bike or accessory is accepted to be listed on the Site. There will be a pre-auction period where you will need to provide us with required photos, videos, supporting information, and wait for the Auction Listing to go live.
- After the Auction Listing is accepted for listing, you shall be committed to have the Auction Listing hosted with us exclusively for at least a 7- to 14-days (a "Live Auction"). This means that during this period, you shall not use another means of sale unless we agree and notify you in writing of our consent.
- You can require a reserve for the Auction Listing. Further information can be found on our How it Works page.
- Curated Cranks gives no warranty or representation as to the anticipated or likely selling price of any Auction Listing. Any estimate given, whether written or oral, as to the estimated selling price of any Auction Listing is a statement of opinion only and may be subject to revision from time to time at Curated Cranks sole discretion and should not be relied upon as an indication of the actual selling price.
- If a Buyer makes the highest bid on the Auction Lot and that bid is below the reserve set by the Seller, Curated Cranks has, in its absolute discretion, the right to make up the difference between the highest bid on the Auction Lot and the reserve set by the Seller. In that case, the Seller is deemed to have waived the reserve and will accept the Buyer’s highest bid together with the balancing payment from Curated Cranks.
- If you are a Seller: you are solely responsible for the factual accuracy of, and for any judgments or opinions expressed in, the description of each Auction Listing entered by you, and for any error, misstatement or omission of information in that description, as well as the condition, authenticity and quality of the Auction Listing. If you are a Seller you represent and warrant that you are the legal owner of the Auction Listing and free to sell the Auction Listing listed on the Site and that the sale to the successful Buyer will be free of any charges or encumbrances and transfer ownership to the Buyer.
- If you as the Seller withdraw your Auction Listing from sale, or from the Coming Soon list, you will be obliged to pay the fees to Curated Cranks in accordance with clause 11 that would have been paid by the Buyer, calculated on the last reserve you agreed with Curated Cranks or if none (including an Auction Listing on the Coming Soon list) a minimum charge of £200 inclusive of Value Added Tax (if applicable).
7. Seller content and description
- The description of the Auction Listing is, to the best of the Seller's knowledge, accurate and not misleading. The Seller has notified (or will before the Live Auction notify) Curated Cranks in writing of any material alterations to the Auction Listing of which the Seller is aware, and of any concerns expressed by third parties in relation to the authenticity, provenance, origin, age, condition or quality of the Auction Listing, and has provided Curated Cranks with all such information in the Seller's possession or control.
- Curated Cranks shall not be liable to the Seller or the Buyer for any error or misstatement in or omission from the description of any Auction Listing where Curated Cranks has:
- provided the Seller with a copy of the description within a reasonable time prior to the Live Auction; and,
- neither the Seller nor any person on his behalf has notified Curated Cranks in writing within a reasonable time before the Live Auction of any error or misstatement in or omission from the description, and Curated Cranks may treat that description as accepted by the Seller.
- Curated Cranks has no duty to the Seller or the Buyer to investigate the accuracy of the description of any Auction Lot provided by or on behalf of the Seller.
- If a sale is lost because of the failure of the Seller to disclose to Curated Cranks all information which may reasonably be expected to affect the provenance, title, value or any other aspect of the Auction Lot, the Seller shall pay the fees to Curated Cranks in accordance with clause 11.
- The Seller gives Curated Cranks the full and absolute right to photograph and illustrate any Auction Listing consigned for sale, and to use such photographs and illustrations at any time at its absolute discretion (whether or not in connection with the Live Auction).
- Photographs and illustrations used for the Auction Listings are for identification purposes only. They may not show the true condition and colour, (which may be inaccurately reproduced) of the Auction Listing.
- Estimates and descriptions for the Auction Listings may be amended at Curated Cranks' discretion from time to time by notice to the Seller given orally or in writing before or during a Live Auction.
8. Bidding for a bicycle or accessory on our site
- If you are a Buyer bidding for an Auction Listing you acknowledge that it is your responsibility to:
- arrange an inspection of an Auction Listing you intend to bid on, via Curated Cranks, should you wish to;
- check the accuracy of your bids, all bids are made at your own risk;
- directly contact the Seller to purchase the Auction Listing once;
- your bid is approved by us as the highest bid on the Auction Listing, subject to achieving any reserve required by the Seller unless the reserve is waived by the Seller, and
- you pay the Curated Cranks Buyers Premium Fees
- check the Auction Listing at the point of collection;
- independently determine the description, ownership, value, condition, authenticity and quality of the Auction Listing; and
- pay shipping, delivery costs, or any collection costs associated with your purchase of an Auction Listing.
- As a Buyer you agree that each bid submitted for an Auction Listing is:
- a legally binding obligation by you, that if your bid is successful and achieves any reserve required by the Seller (unless the reserve is waived by the Seller), you shall pay the Fees; and
- that you are making an irrevocable offer to purchase that Auction Listing and you shall pay to the Seller the final amount of your highest bid.
- If you as the successful Buyer fail to complete the purchase of the Auction Listing (including failing to pay to the Seller the final amount of your highest bid within the timeframe agreed with the Seller) for any reason other than the default of the Seller, you will be obliged to pay the Fees to Curated Cranks in accordance with the Fees clause.
- If a Buyer makes the highest bid on the Auction Lot and that bid is within 5% of the reserve set by the Seller at the end of the auction, Curated Cranks has the right to provisionally sell the Auction Lot. The highest bid placed during the Live Auction will remain open for acceptance by the Seller for 24 hours following the Live Auction. During this period, Curated Cranks will take steps to contact the Seller and determine whether they are willing to accept the bid. Following confirmation from the Seller, Curated Cranks will notify the Buyer whether the Seller is willing to accept the bid. The Buyer’s bid will be deemed to be rejected if the Seller has not notified us in writing of its willingness to accept within 24 hours following the auction ending. This 24-hour period can be extended by written agreement between us and the Buyer. If the Seller rejects the Buyer’s bid, Curated Cranks may offer to make up any shortfall to the reserve set by the Seller. Where the Buyer is notified that the Seller is willing to accept the bid, of if Curated Cranks has offered to make up any shortfall to the reserve by the Seller your bid is successful and you shall pay our Fees.
- If your bid is successful, subject to achieving any reserve required by the Seller unless the reserve is waived by the Seller, you will pay to the Seller the final amount of your highest bid within 7 working days of the auction ending unless otherwise agreed with the Seller. If you do not make payment in full to the Seller within the 7 working days, or within the timeframe agreed with the Seller, you will lose the right to purchase the Auction Listing and the Fees paid and payable to Curated Cranks will not be refundable.
- It is for the Buyer and Seller to agree a suitable payment method for the Auction Listing.
- Curated Cranks may at its discretion remove any bid made by a Buyer bidding for an Auction Listing if:
- you have made a clear typographical error;
- we believe the Seller is bidding for the relevant Auction Listing, or we believe you are bidding on behalf of the Seller.
9. Auction process and sales outside Curated Cranks
- The process and rules for selling and buying an Auction Listing, in addition to these Terms, are found in our How it Works and FAQ’s
- We have the right, at our absolute discretion, to withdraw any Auction Listing from the Coming Soon List or a Live Auction, whether the Auction Listing has a reserve or not. We are not required to provide any reason for exercising this right of withdrawal. We have the right to re-run any Live Auction (for a shorter period) and offer for sale again any relevant Auction Listing, if in our absolute discretion it is in the best interests of Buyers and the Seller due to delays, interruptions or errors having affected the original Live Auction. In such circumstances, if the Buyer who has made the highest bid on any affected Auction Listing in the original Live Auction that is being re-run has already paid our fees in accordance with clause 11, we will refund you those fees paid.
- Buyers and Sellers shall not engage in any activity designed to complete or facilitate a transaction for the sale or purchase of an Auction Listing outside of the Site. If any sale of an Auction Listing is concluded outside of the Site in any event the Seller will be obliged to pay the fees to Curated Cranks in accordance with clause 11 that would have been paid by the Buyer had the Auction Lot been sold via the Site, calculated on the last reserve you agreed with Curated Cranks or if none a minimum charge of £200 inclusive of Value Added Tax (if applicable).
10. Dispute relating to a sale
- Any dispute with respect to the sale of any Auction Listing shall be resolved between the Buyer and Seller and without the participation of Curated Cranks.
11. Our Fees
- Using the Site is free for Sellers, except where otherwise stated in these Terms. Clauses 6.8, 7.4 and 9.3 require the Seller to pay to us the fee that would have been paid by the Buyer, and the provisions of this clause shall apply to the Seller in those circumstances.
- For the Buyer who has made the highest bid on the Auction Listing, subject to achieving any reserve required by the Seller unless the reserve is waived by the Seller, you will pay to us the Fee calculated on the final selling price of the Auction Listing per the Fee Schedule (see Buyers Premium table in the How it Works page)
- You will be invoiced the Fee by us if you are successful in the auction. The fees payable to us are non-refundable, your legal rights as a consumer are not affected.
- Curated Cranks will issue an invoice to either the Buyer or Seller as applicable via our payment provider, Stripe.
- You agree to pay Curated Cranks the applicable Fee, which are automatically payable upon you winning an auction.
- If we do not receive this fee within 3 days of the auction ending, or if you as the successful Buyer fail to complete the purchase of the Auction Listing for any reason other than the default of the Seller, or lawful cancellation or termination of the purchase contract, we will attempt to sell the Auction Listing to an alternative bidder. The fees payable to Curated Cranks will remain payable.
- The fees for our service will be charged in pounds sterling (£) (GBP) and inclusive of VAT. You are responsible for paying all the applicable taxes in the region. We and our payment processor cannot be held liable for any tax liabilities you incur as part of any transaction.
- If your payment is not received by us under this clause 11, we may also charge interest on any balance outstanding at the rate of 4% a year above the Bank of England’s base rate.
12. Your privacy and personal information
13. Cancelling this contract
- Consumers’ right to cancel: These cancellation instructions apply to the contract between you and Curated Cranks for the provision of the online auction service. It does not apply to the cancellation of any contract to purchase an Auction Listing following a winning bid.
- Cancelling your account: Unless you are participating in a Live Auction, you can cancel your account membership with us at any time by informing us of your decision at email@example.com.
- If you are a Seller who has listed an Auction Listing or a Buyer who has submitted a bid on an Auction Listing during a Live Auction you cannot cancel this contract until the end of the Live Auction.
14. Submitting information to the site
- While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential.
- You must not provide Content that is illegal, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate.
- You warrant that any such Content does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
- Any Content you upload to the Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your Content, but you are required to grant us and other users a limited licence to use, store and copy that Content and to distribute and make it available to third parties. The rights you license to us are described in clause 15.1.
- You cannot provide Content that you do not have the right to submit, unless you have the owner’s permission; this includes material covered by someone else’s copyright or any other proprietary right.
- We also have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy.
- We will not be responsible, or liable to any third party, for the content or accuracy of any Content posted by you to the Site and/or Curated Cranks.
- We have the right to remove any posting you make on our Site if, in our opinion, your post does not comply with the content standards posted on the Site.
- The views expressed by other users on our Site do not represent our views or values.
15. Ownership, use and intellectual property rights
- When you upload or post content or submit material to Curated Cranks or the Site, you grant to us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, modify, distribute and display descriptions and images of your Auction Listing in connection with the service provided by the Site and across different media and for the purposes of marketing and promotion of the Site and Curated Cranks. You represent and warrant that you own or otherwise control all of the rights to the content that you upload or post.
- The Site and all intellectual property rights in it including but not limited to any Content are owned by us, our licensors or both (as applicable). Intellectual property rights mean rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We and our licensors reserve all of our and their rights in any intellectual property in connection with these Terms. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.
- Nothing in these Terms grants you any legal rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.
- "Curated Cranks" and our logo are our trademarks. Other trademarks and trade names may also be used on the Site. The use of any trademarks on the Site is strictly prohibited unless you have our prior written permission.
17. Accuracy of information and availability of the site
- While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on the Site is at your own risk.
- We may suspend or terminate the operation of the Site at any time as we see fit.
- News, articles, podcasts or similar media are provided for your general information purposes only and to inform you about us and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
- While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.
18. Hyperlinks and third-party sites
- The Site may contain hyperlinks or references to third-party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not mean that we endorse that third party’s website, products or services. Your use of a third-party site may be governed by the terms and conditions of that third-party site.
- You may create a link to our Site from another website without our prior written consent provided no such link:
- creates a frame or any other browser or border environment around the content of our Site;
- implies that we endorse your products or services or any of the products or services of, or available through, the website on which you place a link to our Site; or
- displays any of the trademarks or logos used on our Site without our permission or that of the owner of such trademarks or logos.
- We reserve the right to require you to immediately remove any link to the Site at any time, and you shall immediately comply with any request by us to remove any such link.
19. Limit on our responsibility to you
- Limit on our responsibility to you if you are a consumer:
1.1 If you are a consumer, except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
19.1.1. losses that:
188.8.131.52. were not foreseeable to you and us when these Terms were formed; or
184.108.40.206. that were not caused by any breach on our part;
19.1.2. business losses; and
19.1.3. losses to non-consumers.
- Limit on our responsibility to you if you are not a consumer:
2.1 If you are not a consumer, our liability under or in connection with the contract (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) shall be as set out in this clause 19.2.
2.2 Subject to clause 19.2.5 our total liability shall not exceed the sum of monies paid or payable to us by you for the services under this contract.
2.3 Subject to clause 19.2.5, we shall not be liable for consequential, indirect or special losses.
2.4 Subject to clause 19.2.5, we shall not be liable for any of the following (whether direct or indirect):
220.127.116.11. loss of profit;
18.104.22.168. loss or corruption of data;
22.214.171.124. loss of use;
126.96.36.199. loss of production;
188.8.131.52. loss of contract;
184.108.40.206. loss of opportunity;
220.127.116.11. loss of savings, discount or rebate (whether actual or anticipated);
18.104.22.168. harm to reputation or loss of goodwill.
2.5 Notwithstanding any other provision of the contract, our liability shall not be limited in any way in respect of the following:
22.214.171.124. death or personal injury caused by negligence;
126.96.36.199. fraud or fraudulent misrepresentation; or
188.8.131.52. any other losses which cannot be excluded or limited by applicable law.
2.6 A sale contract for an Auction listing is between a Seller and a Buyer. Curated Cranks does not guarantee and is not responsible for the performance of a Buyer or a Seller participating in a sale of any Auction Listing. We shall not be responsible for their obligations in the sale contract and we exclude all liability arising from the sale contract.
2.7 We cannot guarantee the continuous operation of or access to our Site. Bid update and other notification functionality via our Site may not occur in real-time. The functionality of our Site is subject to delays, interruptions and errors beyond Curated Cranks control.
2.8 Curated Cranks shall have no liability for any such delays, interruptions, errors or other problems referred to in clause 19.2.7
20. Events beyond our control
- We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
21. Rights of third-parties
- No one other than a party to these Terms has any right to enforce any of these Terms.
- No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause 22. We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.
23. Unenforceable provisions
- If any provision of these Terms is found to be unenforceable, all other provisions shall remain unaffected.
24. Jurisdiction and applicable law
- If you are a business user, the courts of England and Wales will have exclusive jurisdiction in relation to these Terms and English law will apply to these Terms.
- If you are a consumer user, the courts of the United Kingdom will have non-exclusive jurisdiction in relation to these Terms and English law will apply to these Terms.
These Terms were last updated 9 November 2020.