Terms & Conditions Of Premium Membership

1. The Buyer

By purchasing, activating or using a Membership Subscription, the Buyer agrees to be bound by these Membership Terms together with the auction terms and conditions applicable to each sale.

Membership Subscriptions are provided by Auction OMS Ltd on behalf of SIMONCHARLESDOTCOM LTD.

The Buyer must be at least 18 years old and must ensure that all account information provided is accurate, current and complete.

The Buyer remains responsible for complying with the terms of each auction they take part in, including all payment, collection, deposit, bidding and conduct requirements.

If the Buyer fails to comply with the terms of any auction, fails to pay the Total Amount Due on any lot, misuses their membership, or otherwise breaches these Membership Terms, Auction OMS Ltd and/or SIMONCHARLESDOTCOM LTD may, at their absolute discretion and without prejudice to any other rights they may have, suspend, restrict or cancel the Buyer’s Membership and any associated accounts.

Auction deposits are still required to bid unless otherwise stated.

Where the Buyer is acting as a consumer, nothing in these Membership Terms affects any statutory rights that cannot be excluded or limited by law.

Where the Buyer is acting in the course of a business, trade or profession, the Buyer acknowledges that the Membership Subscription is purchased for business use and that consumer cancellation rights may not apply.

By purchasing, activating or using a Membership Subscription, the Buyer agrees that Auction OMS Ltd and/or SIMONCHARLESDOTCOM LTD may send service-related communications about the Membership Subscription, including activation messages, renewal reminders, expiry notices, trial notices, account status notices and important changes to these Membership Terms.

These service communications are separate from marketing communications.

2. Membership Benefits

An active Membership Subscription gives the Buyer the right to register to bid in premium member auctions made available online by SIMONCHARLESDOTCOM LTD, subject to these Membership Terms and the auction terms applicable to each sale.

Membership gives the Buyer the ability to register for premium member auctions online. It does not guarantee approval to bid, and approval may be refused, suspended or withdrawn in accordance with the Buyer’s account status, payment history, deposit requirements, identity checks, compliance checks or auction restrictions.

Membership does not guarantee bidding success, winning any lot, access to non-premium auctions, priority customer service, reduced buyer’s premium, reduced fees, reduced deposits, reduced postage charges, reduced storage charges, or any other benefit unless expressly stated.

Membership does not guarantee that premium member auctions will be available at all times, or that any particular type, quantity, value or frequency of lots will be made available through premium member auctions.

SIMONCHARLESDOTCOM LTD may withdraw, postpone, amend, combine, cancel or reschedule any premium member auction at any time in accordance with its auction terms and operational requirements.

Access to premium member auctions may be unavailable from time to time due to maintenance, technical issues, platform updates, auction scheduling, account checks or operational requirements. SIMONCHARLESDOTCOM LTD does not guarantee uninterrupted access to premium member auctions.

Membership benefits are personal to the account holder and may not be transferred, shared, resold or used by any other person.

Auction OMS Ltd and/or SIMONCHARLESDOTCOM LTD reserve the right to amend, withdraw, suspend or vary membership benefits from time to time where reasonably required for operational, commercial, compliance or platform reasons.

3. Membership Trials

Membership trials are limited to one per customer and one per household.

Membership trials do not automatically convert into paid Membership Subscriptions unless expressly stated at the point of activation.

Auction OMS Ltd and/or SIMONCHARLESDOTCOM LTD reserve the right to refuse, cancel, withdraw or restrict a membership trial where they believe that a customer, household or connected account has already used, attempted to use, or is otherwise seeking to obtain more than one trial.

For the purposes of assessing trial eligibility, Auction OMS Ltd and/or SIMONCHARLESDOTCOM LTD may take into account information including, but not limited to, customer name, billing address, delivery address, email address, telephone number, payment method, IP address, linked accounts, device information and account activity.

Any attempt to create multiple accounts, use alternative details, or otherwise circumvent the one trial per customer/household restriction may result in the trial being withdrawn and the relevant account or accounts being suspended or restricted.

4. Payments and Fees

The Membership Subscription Fee is payable annually unless otherwise stated at the point of purchase.

The Membership Subscription Fee is paid to Auction OMS Ltd on behalf of SIMONCHARLESDOTCOM LTD.

The Membership Subscription Fee is not taken as part payment for any outstanding invoices and cannot be used as an auction deposit, bidding credit, buyer’s premium payment, lot payment, storage charge payment, postage charge payment, courier handling charge payment, or any other auction-related fee.

Memberships will not be set to auto-renew at the end of each subscription period. An email reminder may be sent before the subscription expires, but it remains the Buyer’s responsibility to renew their membership if they wish to continue receiving membership benefits.

Where a Buyer completes the payment process through a third-party payment provider, the Buyer may be required to follow the link or instructions provided by the payment provider to return to the SIMONCHARLESDOTCOM LTD website and complete or refresh their membership activation.

If membership access does not appear immediately after payment has been completed, the Buyer should sign out and sign back in to their account or contact customer support for assistance. A temporary delay, session issue or failure to follow the return link from the payment provider does not automatically mean that the Membership Subscription has failed, provided payment has been successfully received and the membership can be activated or verified.

5. Cancellation and Refunds

Memberships can be cancelled at any time throughout the duration of the annual subscription by giving 7 days’ written notice to Auction OMS Ltd.

Membership access is provided immediately once the Membership Subscription is activated.

Where the Buyer requests, activates or receives immediate access to membership benefits during any applicable cancellation period, the Buyer acknowledges that the membership service may begin immediately. This does not affect the Buyer’s statutory rights.

Cancellation of a Membership Subscription will stop the Buyer’s continued use of the membership benefits but will not automatically entitle the Buyer to a refund of the Membership Subscription Fee.

Membership Subscription Fees are non-refundable except where required by law or where Auction OMS Ltd and/or SIMONCHARLESDOTCOM LTD agree otherwise at their absolute discretion.

Nothing in these Membership Terms affects the Buyer’s statutory rights.

6. Account Eligibility and Use

Membership is only available to Buyers whose accounts are in good standing.

SIMONCHARLESDOTCOM LTD may refuse, suspend or withdraw membership access where the Buyer’s account is restricted, suspended, locked, under review, banned, or has outstanding sums due.

Membership cannot be used to override any account restriction, bidding suspension, deposit requirement, payment block, collection restriction, compliance review or ban applied by SIMONCHARLESDOTCOM LTD.

Membership-linked accounts are non-transferable and may only be used by the account holder.

Any person known or suspected to be using another Buyer’s membership or account may be refused access to premium member auctions and the relevant membership may be suspended, restricted or cancelled.

The Buyer must keep their account login details secure and must not allow any other person to access or use their account.

7. Data and Eligibility Checks

Personal data used to assess membership eligibility, trial eligibility, account status, misuse, duplicate accounts, fraud prevention and compliance will be processed in accordance with the applicable privacy policy.

8. Changes to Membership Terms

Auction OMS Ltd and/or SIMONCHARLESDOTCOM LTD may update these Membership Terms from time to time where reasonably required for legal, regulatory, operational, platform, security or commercial reasons.

Where a material change affects an active Membership Subscription, reasonable steps will be taken to notify affected Buyers. Continued use of the Membership Subscription after the updated terms take effect will be treated as acceptance of the updated terms.

9. Liability

Nothing in these Membership Terms excludes or limits any liability that cannot be excluded or limited by law, including liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any statutory rights that cannot be excluded or limited.

Subject to the above, Auction OMS Ltd and SIMONCHARLESDOTCOM LTD shall not be liable for any indirect, consequential or unforeseeable loss arising from or in connection with a Membership Subscription, including but not limited to loss of profit, loss of opportunity, loss of bargain, loss of business, loss of anticipated savings, loss of data, loss of goodwill, or loss arising from the Buyer being unable to register for, access, bid in, or participate in any premium member auction.

Auction OMS Ltd and SIMONCHARLESDOTCOM LTD shall not be liable for any loss arising from maintenance, technical issues, internet failure, device failure, browser issues, payment-provider issues, platform downtime, auction postponement, auction cancellation, account checks, compliance checks, or the Buyer’s failure to follow any instructions required to activate or refresh membership access, except where such loss is caused by their negligence or breach of statutory duty.

Subject to any liability that cannot be excluded or limited by law, the total liability of Auction OMS Ltd and SIMONCHARLESDOTCOM LTD arising out of or in connection with a Membership Subscription shall be limited to the Membership Subscription Fee paid by the Buyer for the relevant subscription period.

Nothing in these Membership Terms affects the Buyer’s statutory rights.

10. Suspension, Refusal and Withdrawal

Auction OMS Ltd and/or SIMONCHARLESDOTCOM LTD reserve the right to refuse, suspend, restrict or cancel a Membership Subscription where they consider it reasonable to do so, including but not limited to cases involving non-payment, account misuse, duplicate accounts, trial abuse, abusive behaviour, suspected fraud, chargebacks, breach of auction terms, breach of these Membership Terms, or any conduct that may negatively affect Auction OMS Ltd, SIMONCHARLESDOTCOM LTD, their staff, customers, vendors, platform or auction operations.

Where a Membership Subscription is suspended, restricted or cancelled due to breach, misuse or misconduct, the Buyer will not be entitled to a refund unless required by law.