Online trading rules
1 Our trading services
Our website, desktop and mobile applications provide a convenient way to buy and sell scrap metal over the internet and are operated by Scrap Bays Limited. We provide an online auction facility through which scrap metal dealers can buy and sell scrap metal (the Services). It is important that you read and understand these terms before using the Services. By accessing or using the Services, you agree to be legally bound by these terms, as they may be modified from time to time.
We reserve the right to change these terms at any time. Amendments will take effect when posted on our website. However, the terms that are current at the start of a particular transaction will continue to apply until that transaction is completed.
2 Our role
Our applications are a place for scrap metal dealers to buy and sell to each other. We do not have and never intend to have any contractual involvement in your transactions and at no stage auction, buy or sell or purport to auction, buy or sell any of the scrap metal displayed on our site. Any disputes between buyers and sellers are just that: we will not become involved. You must therefore take the utmost care to screen the parties with whom you deal. We will not screen the parties or scrap metal on your behalf and this is a feature of the relationship between you and us that you willingly accept.
3 Registration and qualification to use the Services
3.1 You are required to register with us by completing the registration form on our home page and submitting it to us. There are three ways to register: as a Scrap Dealer, as an Other Merchant or as a Tradesperson.
3.2 Scrap Dealers may buy and sell scrap metal on the auction platform and are advertised to Tradespersons. They are required to have a current scrap metal dealers’ licence in order to register and they pay a subscription.
3.3 Other Merchants may sell scrap metal on the auction platform. They may not buy on the platform and they may not advertise. They do not pay a subscription.
3.4 Tradespersons may not buy or sell scrap metal on the auction platform but they may advertise. They do not pay a subscription.
3.5 Only adults (that is, those aged 18 years and over) are entitled to enter into legally binding contracts and as a result only adults are entitled to use the Services. Any individuals who are unable to form legally binding contracts are prohibited from using the Services. By registering you are making a statement, upon which we are entitled to rely, that you are aged 18 years or older and capable of forming a legally binding contract.
4 Information you provide
4.1 You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free licence to use any information you provide to us or other users of our services, for example during the registration, listing or bidding process.
4.2 Such information shall be legal, decent, honest and truthful, shall not infringe any third party’s rights, shall not contain any viruses or other malicious computer programming codes and shall not link to any other websites. Without limiting the above, all information you provide shall be accurate and complete and all registration details shall contain your correct business name, address, and other requested information.
5.1 You are solely responsible in all respects for all use of and for protecting the confidentiality of any email verification number and password which may be given to or selected by you for use on our applications. You may not share these with or transfer them to any third parties. You must immediately notify us of any unauthorised use of them or any other breach of security regarding the Services.
5.2 We use third party services to secure and protect your credit card information and assist your trading experience. Any losses incurred or sustained by you in transmitting any information shall be borne solely and exclusively by you and in no event shall any such losses in whole or in part be borne by us. If you are using a public computer, you must sign out when you have finished.
6 Availability of site
While we will use all reasonable endeavours to make our Services available, we cannot guarantee that they will operate continuously or without interruptions. This could affect bidding or other aspects of an auction or sale.
7 General rules governing bidding and buying
7.1 To use and rely on the Services we provide, all participants must understand their obligations to other users of our Services.
7.2 Your placing of a bid entitles us and any seller to rely on your bid and as a result when you place a bid you warrant and undertake that you have the legal right to make such a bid and to enter into any such transaction.
7.3 When you place a bid you also acknowledge and agree that if you have placed the highest bid at or above any reserve price, you have entered into a contract with the seller to buy the item.
7.4 Sellers may set a reserve price and bidders may set a maximum bid. Where a reserve price is less than the maximum bid the reserve will be deemed to be met and the buyer will be informed of what the reserve is and that they have met it. Bidding will then continue in the usual way.
7.5 If you list items for sale at a reserve price, you have the option to consider bids received below that reserve price.
7.6 If you are the highest bidder after an auction has closed and the seller accepts your bid, you must pay a commission fee of 1% of the purchase price to Scrap Bays and complete the transaction. The commission fee is deducted from the purchase price when you make payment to the seller.
7.7 You can terminate the contract of sale in only limited circumstances as provided by law, such as where the items purchased differ materially from the description provided by the seller.
7.8 Please read our Returns Policy regarding returns, refunds and dispute resolution. Your acceptance of these terms and conditions entitles us to assume you have read the Returns Policy.
7.9 Please note that copies of the Auctions (Bidding Agreements) Acts 1927 and 1969 are held at our place of business.
8 General rules governing listing and selling
8.1 In relation to all scrap metal you sell or offer for sale through the Services:
8.1.1 you must be the absolute unencumbered legal owner with the right to sell the scrap metal; and
8.1.2 your sale or the use of the scrap metal must not infringe any third party rights or be unlawful in any way.
8.2 If selling, you must list all of your items with accurate and appropriate descriptions providing the name, quality and grade of the material to be sold, specifying the length of time the items are to be listed for, and any other information which we may request (together, the Listing Information). Once you post the Listing Information, the item becomes a Listed Item. Once an item becomes a Listed Item, you are making an irrevocable offer to auction or sell.
8.3 Any seller receiving at least one bid at or above any stated applicable minimum or reserve requirement is obliged to complete the transaction with the highest bidder following closure of the auction unless the seller fails to meet the terms of the listing or the buyer is unable to authenticate the identity of the seller.
8.4 A Listed Item will remain listed on the site until:
8.4.1 it is sold; or
8.4.2 the seller-specified listed time expires; or
8.4.3 we receive notice via the applications that you wish to de-list it.
8.5 You must not contact any buyers directly in a sale of Listed Items whether offered by you or another seller.
8.5 You must not directly or indirectly place bids on Listed Items you offer for sale on our site or manipulate bidding in any other way.
9 Subscription and Commission Fees
9.1 Scrap Dealers pay a monthly subscription of £165, after a six month free trial period. Other Merchants and Tradespeople are not advertised and do not pay a subscription.
9.2 When a bid is accepted, Scrap Bays takes payment of the commission fee from the buyer’s card through its payment provider. The commission fee is 1% of the purchase price. The balance of 99% is paid to the seller which means the seller ultimately pays the commission fee.
9.3 All prices are inclusive of VAT and included in the price when calculating the 1% commission. This remains the case when the seller is not registered for VAT.
9.4 If a deal falls through, Scrap Bays refunds the commission to the buyer and conducts an internal review of the failed transaction. Scrap Bays may blacklist any person that uses the auction platform and applications.
9.5 Payment of the subscription fee is made by direct debit. The commission is paid by credit card. Payment for materials purchased on the applications is made by bank transfer.
9.6 Buyers are responsible for the costs of delivery and insurance.
Scrap Bays has in its sole discretion the right to issue a warning, temporary suspension, or termination of your registration to use our Services at any time. The circumstances in which we may do so include when you:
11.1 trade through Scrap Bays’ platform without a current scrap metal dealers’ license;
11.2 fail in any other way to comply with the requirements of the Scrap Metal Dealers Act 2013;
11.3 act inconsistently with and/or in breach of these terms and conditions;
11.4 at any time violate or attempt to violate any rights of any other user of the Services or third party;
11.5 are engaged in any fraudulent activity; or
11.6 fail to make any payments due to us in accordance with these terms.
12 Compliance with laws
You agree to comply with all applicable laws, statutes and regulations concerning your use of the Services.
13 General release
13.1 We act merely as an introductory service providing a forum allowing sellers and buyers of scrap metal to come together, the former to list and sell items and the latter to bid for them and buy them.
13.2 Therefore we have no control whatsoever over the accuracy of any of the listings or the capacity of any seller or buyer to transact. Nor do we have any control over the grade, quality or quantity of any material delivered, or the legality of any transaction.
13.3 Consideration should always be given to the nature of internet transactions and the risks involved. You may never meet or speak to the other party to the transaction and, as a result, you must proceed with care and judgment when using the Services.
13.4 In recognition of the above, you waive any claim you may have against us that is in any way connected with a dispute you have with another user of our Services, auction platform and applications and you agree to indemnify us for any losses or liability we suffer as a result of any claim against us by another user or other third party as a result of your dispute or in relation to your dealings with such other user or third party. This waiver and indemnity shall not apply in the event of any fraud or wilful misconduct by us.
13.5 Your acceptance of these terms and conditions also acts as a general release of Scrap Bays Limited and any of its subsidiaries (and all of its officers, directors, agents and employees) from any liability for any claims, loss or damage (both direct and indirect, including loss of profits, goodwill and business opportunity) arising out of or in any way connected to your use of the Services and our auction platform and applications.
13.6 In addition, we make no representations or warranties about the accuracy, completeness or suitability for any purpose of the information and related graphics published on our website. From time to time our site may contain technical inaccuracies or typographical errors. All liability of Scrap Bays howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
14 Trade marks
Scrap Bays Limited is the proprietor of the Scrap Bays trade mark and get-up. All other trade-marks, product names and company names or logos cited herein are the property of their respective owners. No permission is given by Scrap Bays Limited in respect of the use of any such brand names, product names or titles or copyrights and such use may constitute an infringement of the holder’s rights.
Except as otherwise stated, any notices you wish to send to us should be emailed to firstname.lastname@example.org. Any notices that we may wish to draw to your attention will be displayed on our website.
16 Applicable law
Each and every transaction carried out on or as a result of the Services is deemed to be completed within the United Kingdom and therefore shall be governed by and interpreted in accordance with English law. The terms of this agreement (and any dispute, controversy, proceedings or claim of whatever nature in relation to them) shall be governed and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction in relation thereto.
17 Events beyond our control
Scrap Bays Limited will not be in breach of this agreement or otherwise liable for any delay in performance to the extent that any delay or failure is due to circumstances beyond its reasonable control and including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
If any part of the terms of this agreement is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
19 Entire agreement
This agreement, together with any document expressly referred to within its provisions, contains the entire agreement between us relating to the subject matter covered and supersedes any previous charters, agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters or any statements made to you by any person, including (without limitation) any of our employees or agents. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.