Buying Rules
1. Introduction
This section describes our Buying Rules,:-
(a) the rules that apply to each Transaction ("non Auction") you can engage through e-Rocks;
(b) the specific types of Buying you can find here;
(c) any particular rules that apply to them, and
(d) the fees which are payable to e-Rocks by Sellers in respect of these transactions.
These rules are binding, and form part of your agreement with e-Rocks.
Please refer to our Auction Rules for items offered on online auctions
If you make a purchase, you are acknowledging that you have read, understood and accept these our Rules.
We may change these Buying Rules from time to time, either to add (or delete) specific types of Buying Transaction or products available, or to alter the way that buying/selling is conducted. Therefore, you should keep up-to-date with this content. If you have not offered/purchased an item on e-Rocks before we encourage you to read these Buying Rules before you make a proceed. Indeed, even if you regularly buy or sell online, you should take the time to read them. By offering items for sale or buying on e-Rocks, you indicate that you have done so.
Our Buying Rules should be read in the context of the e-Rocks Terms and Conditions (the "e-Rocks Ts and Cs"). If there are any inconsistencies between them, then the e-Rocks Ts and Cs, which express your rights and obligations more completely, will take precedence over these Rules. Terms used in these Buying Rules have the meaning given to them in the e-Rocks Ts and Cs.
2. Purchases
Items selected for purchase are first added to a "cart system" within your account when you click the BUY NOW purchase option.
- You may remove any item selected from the cart.
- Adding to the cart (by Clicking BUY NOW) does not constitute an agreement to purchase, nor does it guarantee the item will be sold to you.
- Clicking BUY NOW will reserve an item for a period of 10 minutes; unless the order is confirmed via checkout, the item will become available for purchase after this period.
- A binding agreement to purchase will be created when you "check out" and make payment, the item will then be guaranteed as sold to you.
- Check out will either be completed by payment or confirming your order to the seller for invoicing.
Once confrimed Purchases will be binding. This means that if a purchase made through your e-Rocks account (whether by you or someone who uses that account), the purchase may not normally be withdrawn and is legally binding on you. A contract is automatically created between you and the Seller when the checkout process is completed.
2.1 Early Bird Purchasing
During the first 24 hours of any listing availability to purchase will be restricted to Collector account users, thereafter access will be open to anyone for the duration of the listing.
This will apply to Auction "Buy Now" offer but the overall buy now period will cut off after 48 hours.
This will not apply to items offered in the Reserve Sales Page.
3. Listings
The placement through your e-Rocks account (whether by you or someone who uses that account) of a Listing of any Items for Sale, becomes legally binding, though Items can be withdrawn by the Seller.
Sellers can request the withdrawal or modification, we will attempt to respond within a reasonable time. Listing charges raised cannot be refunded if a Seller withdraws an item.
As we state in the e-Rocks Ts and Cs, there may sometimes be circumstances in which we will withdraw a Listing once available on the site if this appears to be in breach of those Ts and Cs or these Purchasing Rules. In that event, we will inform the Seller and if a purchase is in progress the Buyer of the item in question.
4. Currency
The base currency for any listing will be set by the Seller and amounts due are payable in that currency, other selling currencies can be selected for a purchase and those currencies will then be used for billing/payment at the Seller's discretion.
Payments can be settled by mutual agreement between Buyer and Seller in any currency.
For your guidance, e-Rocks provides conversions into other currencies based on the latest information available to it.
While e-Rocks makes reasonable efforts to ensure the accuracy of these conversions, the actual cost to a buyer in his/her own currency will vary according to the exchange rate applied by the buyer's bank or by the issuer of the buyer's credit or charge card. e-Rocks does not take responsibility for any variance between this cost and the quoted conversion figure.
5. Fees
Fees on period listings/sales are calculated in USD. Listings based in other currencies will also have their fees calculated USD.
After an item is listed the period listing fee is triggered in according to the sellers choice of listing price and duration. This will be due for payment in the next Seller Bill. Whether the item is sold or not.
When an item is sold the sale price triggers the Final Sales fee, and credits the current listing fee.
If there is a billing cycle between listing and sale, the fees system will correctly credit a previous payment onto the most recent calculation.
Current accrued fees, previously invoiced fees are fully itemised and available to view within the Seller's own Seller Fees account.
Fees will not be rebated or refunded, unless the Seller shows to our reasonable satisfaction both (a) that the sale of the Item which was the subject of the transaction failed to complete, and (b) that the failure of the sale to complete did not result from any lack of diligence or breach of its obligations by the Seller. This must be completed within the Moderation Service.
Fees Schedule
Please refer to our Fees Schedule
6 Emails
e-Rocks system provides automated emails for the convenience of Buyers and Sellers. Certain emails are mandatory but Buyers can opt to not receive certain emails through their user preferences.
6.1 Seller Emails
The system will provide you with confirmatory emails for the following:-
- Acceptance of your item into an Seller Page listing
- When an item has sold
- Proforma invoice with Buyer details and costs of item sold – for forwarding to Buyer
- Question from potential Buyer
9.2 Buyer Emails
The system will provide you with confirmatory emails for the following:-
- Confirmation of order.
- Confirmation of payment.
- Answer from potential Seller
10. Purchase Retraction
All purchases must always be considered carefully - confirmed orders on e-Rocks are binding.
Once a purchase is confirmed, an obligation is made to pay the Seller.
10.1 Exceptional Circumstances Only
There are, however, a few exceptional circumstances (described in the T&Cs) under which an order may be retracted. These are if:
- The description of an item you have bid on has changed significantly.
- Someone has made the purchase on an item illicitly using your User ID and password.
10.3 Accountability
e-Rocks will monitor bid retractions. Abuse of this feature may result in the suspension of an account.
10.4 How to Retract
To retract an order, use the Contact Administrator form on the Item page.