Terms and Conditions

2.1 Age and Legal Capacity

You must be at least 18 years of age to register and participate in auctions on zam.auction. By registering, you confirm that you have the legal capacity to enter into binding contracts under Zambian law and that all information you provide is accurate, complete, and truthful.

2.2 Registration Requirements

To register on zam.auction, you must:

• Provide a valid email address and create a secure password
• Provide a valid Zambian national ID or passport for identity verification
• Complete KYC (Know Your Customer) verification as required by Zambian financial regulations
• Provide accurate personal and contact information
• Accept these Terms and Conditions
• Consent to our Data Protection Policy and Privacy practices

2.3 Account Security

You are responsible for maintaining the confidentiality of your login credentials and are fully responsible for all activities that occur under your account. You must notify zam.auction immediately of any unauthorized use of your account.

2.4 Truthful Information

All information provided during registration and throughout your use of zam.auction must be truthful and accurate. Providing false information constitutes fraud and may result in immediate account suspension and legal proceedings.

3.1 Legal Ownership

Sellers warrant that they are the legal and rightful owner of all assets offered for sale and have the full right and authority to offer them for auction. Assets must be free from all encumbrances, liens, and third-party claims.

3.2 Accurate Descriptions

Sellers are responsible for providing accurate, detailed, and honest descriptions of all assets including condition, specifications, history, and any defects or issues. Deliberately misleading descriptions constitute fraud under Zambian law.

3.3 Prohibition on Stolen or Encumbered Goods

Sellers guarantee that assets are not stolen, subject to hire purchase agreements, mortgaged, or otherwise encumbered. Offering such goods violates Zambian law and zam.auction policies and may result in criminal prosecution.

3.4 Compliance with Consumer Protection Act

Sellers must comply with the Competition and Consumer Protection Act, 2010 (Cap 417, as amended 2024). Where the buyer is a consumer, sellers are liable for any defects or non-conformities with the description unless disclosure of such defects has been made to the buyer before the sale.

3.5 Liability for Defects

Sellers remain liable for latent defects and misrepresentations in the goods sold. zam.auction acts as an intermediary and does not assume liability for the quality or condition of assets unless otherwise specified in writing.

3.6 Right to Withdraw

Sellers reserve the right to withdraw assets before the auction starts or, with zam.auction's consent, before the close of bidding. Withdrawal after active bidding has commenced may incur fees.

4.1 Ability to Pay

By placing a bid, you confirm that you have the financial ability to pay the hammer price plus buyer's premium and all associated costs. Bidders must be prepared to complete the purchase immediately upon winning.

4.2 Binding Bids

All bids are binding and irrevocable except as expressly permitted by zam.auction. Placing a bid constitutes a legally binding offer to purchase at that price. When your bid is the highest at the close of the auction, you have entered into a contract to purchase.

4.3 Payment Obligations and Buyer's Premium

Buyers must pay:

• The hammer price (the final bid price)
• Buyer's premium of up to 10% of the hammer price
• Any applicable storage, handling, or collection fees

The full amount must be paid within 7 calendar days of the close of the auction unless otherwise agreed in writing.

4.4 Inspection Rights

Buyers are encouraged to inspect assets before bidding. zam.auction shall provide reasonable opportunities for inspection. Failure to inspect does not release the buyer from payment obligations.

4.5 Trust Dossier and Supporting Evidence

Certain assets may include inspection summaries, ownership notes, maintenance records, provenance statements, service documents, and other supporting evidence published for bidder convenience. Buyers should review these materials carefully, understand any disclosed limitations, and raise questions before bidding where further clarification is needed.

4.6 Acceptance of "As-Is, Where-Is" Sales

Unless expressly stated otherwise in the asset description, all sales are made on an "as-is, where-is" basis. The buyer assumes all responsibility for the condition and fitness of the asset at the time of purchase.

5.1 Auction Formats

zam.auction conducts three types of auctions:

• Timed Auctions: Bidding is conducted electronically for a specified period. The highest bidder at the close of the bidding period wins.
• Live Auctions: Auctions conducted in real-time with an auctioneer. Bids may be placed in person or electronically.
• Sealed-Bid Auctions: Bidders submit sealed bids by a specified deadline. The highest bid wins, and bids are revealed only after the bidding period closes.

5.2 Reserve Prices

Sellers may set a reserve price—the minimum price below which the asset will not be sold. If the highest bid does not meet the reserve price, the lot is unsold. Reserve prices may be disclosed or undisclosed at the seller's discretion.

5.3 Bid Increments

Bid increments are set by zam.auction and displayed on each lot listing. Bids must be placed in accordance with the specified increments. zam.auction reserves the right to adjust increments at its discretion.

5.4 Lot Withdrawal

zam.auction reserves the right to withdraw any lot from auction at any time without liability. Withdrawal may occur due to factual errors, fraud, or at the seller's request.

5.5 Prohibition on Bid Rigging and Collusion

Pursuant to the Competition and Consumer Protection Act, 2010, any agreement, understanding, or arrangement between bidders to:

• Fix bid amounts
• Allocate lots among themselves
• Manipulate hammer prices
• Abstain from bidding on specific lots

Constitutes collusion and is strictly prohibited. Breaching this rule is illegal and may result in criminal prosecution under Zambian competition law, permanent account suspension, and civil liability.

5.6 Auctioneer's Discretion

The auctioneer may refuse any bid, accept or reject any offer, and may call off or postpone the sale of any lot. The auctioneer's decision is final and binding.

5.7 Hammer Price Announcement

The fall of the hammer signifies the end of bidding and the establishment of a binding contract of sale between buyer and seller at the hammer price, subject to the buyer's obligation to pay the buyer's premium and all other applicable charges.

6.1 Currency

All transactions on zam.auction are conducted in Zambian Kwacha (ZMW). Buyers must make payment in ZMW unless alternative arrangements are expressly agreed in writing.

6.2 Accepted Payment Methods

zam.auction accepts the following payment methods:

• Direct bank transfer to zam.auction's designated bank account
• Mobile money transfers (MTN, Airtel, Zamtel, etc.)
• Cheques (by prior arrangement only)
• Other payment methods as may be notified from time to time

6.3 Payment Timeline

Full payment (hammer price + buyer's premium + any applicable fees) must be received in zam.auction's account within 7 calendar days of the auction close. Payment must include the buyer's name and the lot number as reference.

6.4 Late Payment Penalties

If payment is not received within 7 days:

• Storage and handling fees will accrue at a rate set by zam.auction (to be notified upon account registration)
• The buyer's account may be suspended
• The lot may be offered for resale without further notice to the buyer
• zam.auction may pursue legal action to recover outstanding amounts plus costs

6.5 Escrow and Trust Arrangements

zam.auction may hold buyer payments in an escrow or trust account pending confirmation of the buyer's full payment, receipt of all documentation, and resolution of any disputes. Funds held in escrow shall be credited to the seller's account upon delivery of the goods or as otherwise agreed.

6.6 Refunds

Except as required by law or as expressly provided in these Terms and Conditions, no refunds will be provided. Once payment is received and the lot is released to the buyer, the sale is complete and final.

7.1 Buyer Responsibility

It is the buyer's sole responsibility to collect purchased assets from zam.auction's premises in Solwezi. zam.auction does not provide delivery services unless expressly arranged and agreed in writing. All costs of collection and transportation are the buyer's responsibility.

7.2 Collection Window

Buyers must collect purchased assets within 14 calendar days of payment confirmation. Collection must be arranged in advance with zam.auction at least 24 hours prior to collection.

7.3 Storage Fees

If an asset is not collected within the 14-day window, storage fees will accrue at the rate of ZMW 50,000 per week (or as updated on the platform), payable by the buyer. Continued non-collection may result in the asset being sold at auction again with the original buyer responsible for any shortfall.

7.4 Risk and Ownership Transfer

Title and ownership of the asset transfer to the buyer upon the fall of the hammer, provided payment is made. Risk of loss or damage transfers to the buyer upon collection from zam.auction's premises or after the 14-day collection period expires, whichever is earlier.

7.5 Collection Documentation

Upon collection, the buyer must execute a delivery receipt and any other documentation as required by zam.auction. For vehicles, all documentation (logbook, registration, transfer documents) will be provided after full payment is confirmed.

8.1 "As-Is, Where-Is" Sales

Unless expressly stated otherwise in the specific asset listing, all assets are sold on an "as-is, where-is" basis. zam.auction makes no warranty regarding the condition, quality, merchantability, or fitness for a particular purpose of any asset. The buyer is solely responsible for satisfaction with the purchased asset.

8.2 zam.auction as Intermediary

zam.auction is not a party to the contract of sale between buyer and seller. We act as an intermediary facilitating the transaction. zam.auction does not manufacture, own, inspect, or warrant the assets sold. The contract is directly between the buyer and seller, and disputes regarding asset quality or condition should be addressed between these parties.

8.3 Consumer Protection Act Rights

Where the buyer is a consumer under the Competition and Consumer Protection Act, 2010, the buyer retains statutory rights under that Act regarding defective goods, misrepresentation, and unfair contract terms, notwithstanding any "as-is" language. However, consumers are advised that the "as-is" nature of auction sales limits the applicability of certain protections.

8.4 Platform Warranty Disclaimer

zam.auction makes no warranty regarding the uninterrupted availability, accuracy, or completeness of the platform. The platform is provided "as-is" and zam.auction shall not be liable for any errors, omissions, or technical failures.

8.5 Seller Liability

Sellers remain liable for all defects, hidden or apparent, misrepresentations, and breach of warranty of title under Zambian law. Buyers who discover defects or misrepresentations should pursue claims directly against the seller.

9.1 Limited Right to Cancel

Absent material misrepresentation or fraud by the seller, once a bid is placed and accepted, the buyer has no right to cancel or withdraw. The binding nature of auction contracts is a fundamental principle of auction sales in Zambian law under the Sale of Goods Act, 1893.

9.2 Material Misrepresentation

If a buyer can demonstrate that the asset description contained a material misrepresentation—a significant deviation between the description and the actual asset—the buyer may have grounds to reject the asset within 7 calendar days of collection. Such rejection must be accompanied by evidence of the misrepresentation and must be reported to zam.auction in writing.

9.3 Consumer Cooling-Off Period

In accordance with the Competition and Consumer Protection Act, 2010, where the buyer is a consumer (a natural person acquiring goods for purposes outside their trade), the buyer may have a 7-day cooling-off period from the date of purchase to withdraw from the contract, provided the asset remains in substantially the same condition as purchased. This right applies only to consumer contracts and does not apply to buyers purchasing for commercial purposes.

9.4 Return Procedure

Any return under the cooling-off period must be initiated by written notice to zam.auction within the 7-day window. The buyer is responsible for returning the asset to zam.auction's premises at their own cost, and the buyer shall be liable for any depreciation in value due to use beyond testing.

9.5 Non-Consumer Transactions

No returns are permitted for buyers purchasing in a commercial capacity (businesses, traders, dealers, etc.). All such transactions are final upon the fall of the hammer.

11.1 ECTA Compliance

zam.auction operates in compliance with the Electronic Communications and Transactions Act No. 4 of 2021 (ECTA). All electronic contracts formed through the platform are valid and binding under Zambian law.

11.2 Validity of Electronic Contracts

Contracts formed electronically through zam.auction are as valid and enforceable as contracts formed by traditional means. The placement of a bid and acceptance by zam.auction constitutes a valid contract under ECTA 2021.

11.3 Digital Signatures

Electronic signatures, including clicks, password entries, and other digital authentication methods used on zam.auction, are recognized as valid signatures under ECTA 2021 and are binding on all parties.

11.4 Electronic Records

zam.auction maintains electronic records of all transactions, bid history, payments, and communications. These records are admissible as evidence in legal proceedings and satisfy documentary requirements under Zambian law.

11.5 Data Security

zam.auction implements security measures consistent with ECTA 2021 requirements, including encryption of sensitive data, secure authentication, and regular security audits. Users are responsible for maintaining the confidentiality of login credentials.

12.1 Escalation Process

All disputes shall be resolved through the following escalation process:

• Stage 1 - Negotiation: Parties shall attempt to resolve the dispute through direct communication within 14 days of the dispute arising.
• Stage 2 - Mediation: If negotiation fails, the parties shall submit to mediation administered by a neutral mediator agreed by both parties or appointed by zam.auction.
• Stage 3 - Arbitration: If mediation is unsuccessful within 30 days, the dispute shall be submitted to binding arbitration.

12.2 Arbitration

Any dispute not resolved through negotiation or mediation shall be finally resolved by arbitration under the Arbitration Act, Chapter 128 of the Laws of Zambia. The arbitration shall be conducted by a single arbitrator agreed by the parties or appointed by the Zambia Institute of Arbitrators. The seat of arbitration shall be Solwezi, Zambia.

12.3 Zambian Courts Jurisdiction

Notwithstanding arbitration, either party may seek provisional or protective remedies from the Zambian courts, including injunctive relief for fraud, collusion, or breach of competition law. The courts of the Republic of Zambia shall have jurisdiction to hear such matters.

12.4 Costs

Each party shall bear its own legal costs in negotiation and mediation. In arbitration, costs shall be awarded to the extent permitted by the Arbitration Act and as determined by the arbitrator.

12.5 Regulatory Complaints

Users may lodge complaints regarding competition or consumer protection breaches with the Competition and Consumer Protection Commission. Such complaints do not waive the right to arbitration but may be pursued in parallel.

13.1 zam.auction Brand and Content

All intellectual property rights in zam.auction, including the website design, logo, trademarks, photographs, text, and code, are owned by zam.auction or its licensors. Users are prohibited from reproducing, modifying, or distributing this content without prior written consent.

13.2 User Content License

By uploading descriptions, photos, or other content to zam.auction, sellers grant zam.auction a non-exclusive, perpetual, royalty-free license to use, reproduce, display, and distribute such content for auction purposes, marketing, and platform operation.

13.3 Seller Responsibility for Content

Sellers warrant that all content they provide (descriptions, photos, videos) is original or properly licensed, does not infringe third-party intellectual property rights, and complies with all applicable laws. Sellers indemnify zam.auction against claims arising from user-provided content.

14.1 Exclusion of Damages

Except as prohibited by law, zam.auction shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from:

• Use or inability to use the platform
• Unauthorized access to user data
• Technical failures or service interruptions
• Loss of data or transaction records
• Quality or condition of auctioned assets
• Third-party actions including fraud by sellers

14.2 Limitation Amount

Except for breaches of confidentiality, intellectual property infringement, fraud, or violations of competition law, zam.auction's total liability for any claim shall not exceed the total fees paid by the user to zam.auction in the 12 months preceding the claim.

14.3 Fraud and Collusion Exception

These limitations do not apply to claims arising from fraud, willful misconduct, or violations of the Competition and Consumer Protection Act 2010. zam.auction remains liable for such claims to the extent permitted by law.

15.1 Right to Modify

zam.auction reserves the right to amend these Terms and Conditions at any time. Material changes will be notified to registered users at least 30 days in advance via email or a notice on the platform.

15.2 Acceptance by Continued Use

Continued use of zam.auction following notification of amendments constitutes acceptance of the modified Terms and Conditions. If you do not accept the amendments, you must cease using the platform.

15.3 Version Control

The most current version of the Terms and Conditions is always available on the zam.auction website. Users are responsible for reviewing updates periodically.

16.1 Zambian Law

These Terms and Conditions, the use of zam.auction, and all transactions are governed by and construed in accordance with the laws of the Republic of Zambia, without regard to its conflict of law provisions.

16.2 Applicable Acts

The following Zambian Acts apply:

• Sale of Goods Act, 1893 (as received into Zambian law)
• Competition and Consumer Protection Act, 2010 (Cap 417, as amended 2024)
• Electronic Communications and Transactions Act No. 4 of 2021
• Data Protection Act No. 3 of 2021
• Cyber Security and Cyber Crimes Act No. 2 of 2021
• Arbitration Act, Chapter 128

16.3 Jurisdiction

The courts of Zambia shall have exclusive jurisdiction over disputes arising from these Terms and Conditions, except as expressly provided for arbitration above.