Terms and Conditions 1.4

Introduction

These Footyhammer Terms and Conditions written on this webpage shall manage your use of our website, FOOTYHAMMER accessible at https://www.footyhammer.com/.

These Terms will be applied fully and affect to your use of this Website. By using this Website, you agreed to accept all Terms and Conditions written in here. You must not use this Website if you disagree with any of these Website Terms and Conditions. Minors or people below 18 years old are not allowed to use this Website.

Registration

Register an account on www.footyhammer.com and provide the information requested in our registration form and under ‘My Account’ in order to participate in our online live auctions. Only one account per person is allowed. Entity bidding is not allowed. Your Username is selected for you and your Password is stored safely, for use to login to participate in all Footyhammer live auctions. You have to be minimum 18 years of age and be in possession of a bank account, credit card or PayPal account to participate.

Terms of Sale

Please carefully read the rules below before registering and/or Bidding: Footyhammer live auctions are only taking place online. All bids must be placed and accepted online. The biddings begin as soon as a particular auction is launched and the ending time for a particular auction will be listed on our Website and on the product page. All items will be sold to the highest bidder at the ending time. Footyhammer does not have extended time. If you are outbid, you will be notified by email. Please make sure all your e-mail settings are set to receive our notifications. Please remember that placing a bid is a legally bound contract and that you may not retract from a bid after it has been placed.

Buyer’s Premium

Footyhammer will add a Buyers Premium of 25% on the live auction hammer price, which is payable by the purchaser as part of the total Footyhammer product price. It is standard practice across all auctions worldwide and is less than others charge. All bidders must pay Buyer’s Premium with no exceptions. For example, if the final price for a lot is one thousand euros (€1,000.00), the Buyer’s Premium of 25% will be added for a total price of one thousand two hundred and fifty euros (1,250.00 €)

Minimum Bids

A minimum bid is the lowest bid amount that we accept for an item. It is usually between €50 – €250.

Reserve Prices

A Reserve Price is the confidential minimum price that Footyhammer or any individual seller of the items placed for auction with Footyhammer will accept for it’s item. Therefore, if the reserve is not met, the item will not be sold. Any item that features a reserve price will indicate if the reserve has been met or not if possible.

Bidding Increments

Bidding increments vary depending on the current price of the auction item. The minimum bid increment required will be noted for each auction. All amounts are presented in Euro (€).

0 to 500.00 = 25
500.01 to 1,000.00 = 50
1,000.01 to 2,500.00 = 75
2,500.01 to 5,000.00 = 100
5,000.01 to 10,000.00 = 250
10,000.01 to 25,000.00 = 500
25,000.01 to 50,000.00 = 1,000
50,000.01 to 100,000.00 = 2,500
100,000.01 and above = 5,000

Invoicing

Invoices will be emailed to all winning bidders within 1-3 working days after auction ending. The invoice will contain the total, which includes the winning bid amount, the 25% Buyer’s Premium amount, shipping, packaging and insurance amounts and sales tax, if applicable. All invoices should be paid in full within 5-7 working days of the auction ending. If an invoice has not been paid within 10 working days of invoice date, the bidder’s credit card on file will be automatically charged for the full amount due and the Footyhammer account will be closed for all future auctions. Footyhammer reserves the right to grant extended payment terms for preapproved buyers prior to auction close at its discretion. Arrangements to extend payment terms must be made prior to bidding. Failure to pay your invoice in a timely manner will result in your bidding privileges being revoked. Footyhammer reserves the right to charge interest on past due unpaid balances at 2,5% per month until paid.

Payment

The accepted form of payments are credit cards, bank transfer and PayPal. We can also offer different online payment options incl. crypto payments on requests.

Non Payment of Items

If a winning bidder does not honor his or her bid with payment in full by per the auction rules, then it is agreed that Footyhammer may, at it’s sole discretion, sell the lots to the under bidder, offer the lots again in a future sale, or hold the defaulting buyer liable for the entire purchase price. In either case, it is explicitly agreed that the non-paying winning bidder will be responsible for any and all losses incurred, and also responsible for all service charges and/or commissions related to the subsequent sale and that the non-paying winning bidder explicitly agrees to pay any and all costs of collection including reasonable legal fees incurred by Footyhammer in the collection of all losses, if necessary. In addition, non-paying bidders understand that Footyhammer may, at its discretion, share their information with other auction houses.

Free Worldwide shipment

The buyer is not responsible for shipments, packaging and freight. However buyer is responsible for insurance which is optional. All won items will be shipped as soon as possible after the auction invoice payment has cleared. Items will be shipped with our partners DHL or Fedex with tracking, and signature confirmation. It is not possible to receive won auction items in another way than shipment. The buyer is responsible for all duty, customs charges, brokerage and/or other unlisted charges. Items will be sent from Europe.

Taxes and Fees

Shipments made to Footyhammer will be charged appropriate local sales tax unless the bidder are exempt from paying sales tax. Some countries, regions, states, or municipalities may charge taxes or fees to buyers living in their jurisdiction.

Returns

All auction sales are final. No returns are accepted and no refunds are given. The provenance and authenticity of Footyhammer auction items have undergone extensive research. Footyhammer will be the final determinant of the authenticity of each and every item sold. Footyhammer takes great pride in verification but is not bound by external opinions of grading services or outside authenticators.

Errors and descriptions

Please be sure to check the website for the most detailed descriptions and product images. The website will always have the most detailed and up to the minute descriptions on all items, as it can be updated at all times. The website may be updated during the auction to provide additional images or product information. All measurements and weight details of lots are approximately. Any error in a Footyhammer listing or item description, whether typographical, photographic or technical, will be dealt with at our sole discretion.

Ownership

Items offered in Footyhammer Live Auctions may be owned by Footyhammer, partners or affiliates.

Rights

Footyhammer reserves the right to accept or reject any and all bids or bidders at it’s sole discretion, remove any item from an auction at any time and postpone or delay an auction for any reason without recourse from any bidder or prospective bidder.

Consignor

Consignor bidding is strictly prohibited. Bid manipulation of any kind is expressly forbidden. A consignor is prohibited from placing any bids or arranging to have bids placed on his behalf by friends or family members on his own items. Shill bidding is any bid(s) placed by a person or persons to drive up the final price without intent to actually pay and take ownership of the winning lot. It is prohibited to make bids in a false name or with an invalid payment method, even if our software initially accepts such a bid. Anyone found guilty of this will be prosecuted to the fullest extent of the law and banned from future Footyhammer Live Auctions.

Service outages

It is possible that Footyhammer may experience online or service outages and may periodically schedule system maintenance and other purposes, during which bidders cannot participate or make bids. If such outages occur, Footyhammer may at our discretion extend bidding time for the auction, and/or allow a bid to be placed by a bidder who was unable to bid by deadline due to lockup or other online traffic issues. Footyhammer is not responsible for system errors and/or software problems if they should occur during an auction. Bidders unable to place bids through the Internet can in this case e-mail us at contact@footyhammer.com.

Changes to Terms & Conditions

Footyhammer reserves the right to change, alter, replace or otherwise modify these Terms & Conditions at any time. The date of last modification is stated at the end of these Terms of Service. It is your responsibility to check this page from time to time for updates, and you hereby acknowledge and agree that you will be bound by the then current posted Terms of Service.

Restrictions

You are specifically restricted from all of the following:

publishing any Website material in any other media;
selling, sublicensing and/or otherwise commercializing any Website material;
publicly performing and/or showing any Website material;
using this Website in any way that is or may be damaging to this Website;
using this Website in any way that impacts user access to this Website;
using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
using this Website to engage in any advertising or marketing.

Certain areas of this Website are restricted from being access by you and Footyhammer.com Ltd may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.

Your Content

In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant Footyhammer.com Ltd a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be invading any third-party’s rights. Footyhammer reserves the right to remove any of Your Content from this Website at any time without notice.

Your Privacy

Please read our Privacy Policy.

No warranties

This Website is provided “as is,” with all faults, and Footyhammer express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.

Limitation of liability

In no event shall Footyhammer, nor any of its officers, directors and employees, be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. Footyhammer, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

Indemnification

You hereby indemnify to the fullest extent Footyhammer from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms

Footyhammer is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.

Assignment

The Footyhammer is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement

These Terms constitute the entire agreement between Footyhammer and you in relation to your use of this Website, and supersede all prior agreements and understandings.

Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of European Union, and you submit to the non-exclusive jurisdiction of the state and federal courts located in European Union for the resolution of any disputes.

Last updated 10/10/2023