Terms and Conditions
- In these terms and conditions (the "Loot Limited Terms and Conditions"),
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"the Licensor" means Loot Limited, of Northcliffe House, 2 Derry Street, London, W8 5TT (Company No. 04281775), the publisher of Loot newspaper,
Loot.com and lootgreatestcarboot.com;
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"Buyer" means the person or persons placing the order for a car boot sale pitch licence ("Pitch").
The Buyer's general obligations:
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The Buyer contracts with the Licensor as principal. Where the Buyer and the Licensor are different persons, the Buyer warrants that it is properly authorised
to place the Pitch order on behalf of the Buyer.
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The Buyer warrants that in relation to the order for a Pitch:
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the information provided is correct at time of registration and the Buyer accepts that information provided incorrectly is the responsibility of the Buyer.
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any complaints regarding the registration process should be made immediately upon receipt of the booking confirmation e-mail. Failure to inform the Licensor
of errors made during the ordering process within 7 days of receipt of the Booking confirmation is the sole responsibility of the Buyer and will not affect
liability for payment at the due time.
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The Buyer will indemnify the Licensor and keep it indemnified against all claims, costs, proceedings, demands, losses, damages, expenses or liability whatsoever
incurred by the Licensor arising directly or indirectly out of the purchase or use of a Pitch or otherwise under these Conditions.
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The Licensor specifically disclaims all and any liability to the Buyer and visitors of any kind (other than death or personal injury caused by the Licensor's negligence or breach of
statutory duty) for loss or damage of any nature whatsoever and however arising, whether due to inaccuracy, error, omission or any other cause, and whether on
the part of the Licensor or its employees or agents or any other person. Save in the case of death or personal injury caused by the Licensor's negligence or
breach of statutory duty, under no circumstances shall the Licensor be liable to the Buyer or any other party for any special, incidental, indirect or consequential
damages of any kind, including, without limitation, those resulting directly or indirectly from loss of sales, loss of goodwill, loss of profits, whether or not the
Buyer was advised of the possibility of such losses. In all other respects, the Buyer's liability shall be limited to the amount paid or payable by the Buyer.
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The Buyer agrees to conform to all applicable Health and Safety regulations, including compliance with the following Trading Conditions:
- will not sell or bring onto the site any fireworks, or any flammable goods or do anything that could cause a fire.
- will not sell any knife, gun/firing device or sword, even if they are replica, ornamental etc.
- will not sell any counterfeit goods, stolen goods, cigarettes, tobacco or alcohol.
- will not sell any out of date foods, pornographic material or living creature.
- will comply with other reasonable legal or Health and Safety requirements notified from time to time.
- will not carry on any illegal or immoral activity.
- The Licensor's decision is final regarding pitch placement. Please note that vans and cars with trailers may be placed in separate areas to cars.
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No vehicles larger than a long wheel based Transit/Sprinter van will be allowed on to the site. It is the Buyer's responsibility to ensure that the correct
Pitch size is requested at time of order. Traders are not permitted to sublet their Pitch.
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In case of breach by the Buyer of any of the terms of this agreement Licensor may require the Buyer to vacate the Pitch and site immediately and in such event
shall not be obliged to refund any payment to the Buyer.
The Buyer's payment obligations:
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Payment in respect of the Pitch is due in advance of the event. Receipt of payment is the sole responsibility of the Buyer and payment will not be accepted on
the day of the event.
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Confirmation of order and payment will be sent by email to the Buyer. It is the Buyer's responsibility to ensure receipt of the order and payment is received.
The Licensor will require a copy of the e-mail in any event of queries and/or complaints received in relation to the order.
The Licensor's obligations:
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The Licensor will provide confirmation of the order and payment via email prior to the event and within 24 hours of order. A further reminder email will be sent
prior to the event. In any event the Licensor shall have no liability where the Buyer has supplied information not in accordance with the Licensor's specifications
as set out in the order process.
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The Licensor will further confirm the order via a letter to the address provided during the order process. The letter will include a sticker/item which must
be presented with the letter at time of entry into the event. This letter and sticker/item ensures identification of the Buyer and will be matched against the vehicle.
Failure to provide the letter of confirmation and sticker/item, and/or discrepancies in vehicle registration information may result in refusal of entry into the event
at the discretion of the Licensor.
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The Licensor will not be liable for any loss of order confirmation information.
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The Buyer may cancel an order only in accordance with this clause 15. The Buyer's right to cancel depends upon whether he or she is a "Consumer"
(as that term is defined in the Consumer Protection (Distance Selling) Regulation 2000) as follows: A "Consumer" Buyer as defined in the Regulations may cancel
the placement of a Pitch order at any time up to the expiry of seven working days beginning with the day after the day on which the "Consumer" Buyer places their
order for a Pitch. However, the "Consumer" Buyer accepts that if the Licensor commences providing services in relation to the order of the Pitch prior to the expiry
of such seven day cancellation period with the "Consumer" Buyers agreement, the "Consumer" Buyer will lose his or her right to cancel.
Upon cancellation, the Buyer shall be entitled to a full refund.
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In the event of any failure or delay in performance by the Licensor of its obligations under this Agreement arising from or caused by any circumstances beyond its
reasonable control including without limitation, acts of God, war, riot, insurrection, civil commotion, fire explosion, sabotage, flood, storm, tempest, orders,
regulations or restrictions of any governmental or other competent authority, strikes, lockouts, stoppages, labour disputes, disruption to transport affecting
either party or is sub-contractors, the Licensor shall be under no liability to the Buyer for such failure or delay or any loss or damage suffered as a result
thereof, and the obligations of the Licensor shall be suspended for the duration of any such event, and upon cessation of the cause of prevention or delay this
Agreement shall again become fully operative.
General:
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To ensure the highest levels of customer service, telephone calls may be recorded. From time to time, the Licensor or its associated companies may contact a Buyer
in compliance with the Licensor's Data Protection and Privacy Policy (a copy of which is available at lootgreatestcarboot.com) with details of
products and services which may be of interest. The Buyer can write to Licensor at the following address if the Buyer no longer wishes to be contacted or has any
queries:
- Customer Services,
- Loot Limited,
- 31 John Street,
- London
- WC1N 2QB
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The placing of an order for a Pitch amounts to an acceptance of these terms to the exclusion of any other terms and conditions. No variation shall be binding
unless agreed in writing.
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If any provision of these terms is held to be void or unenforceable in whole or in part, these terms shall continue to be valid as to the other provisions and the
remainder of the affected provision. No waiver by the Licensor shall be effective except in relation to the matter in respect of which it was specifically given.
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These terms shall be construed under and governed by the laws of England and the parties hereby submit to the non-exclusive jurisdiction of the English Courts.
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