SELLING TERMS AND CONDITIONS
1.1. When used in these conditions, the following terms highlighted in bold shall have the following meanings:
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Auction: A real-time online auction for the sale of the goods and other items submitted on
behalf of third parties (not being the seller) hosted by or on behalf of the auctioneer through the website;
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Auctioneer: Prime Auction Limited, whose registered office is at 71-75 Shelton Street,
Covent Garden,
London, WC2H 9JQ (company) or any other company within the company's group (including their respective
employees and agents and any person to whom conduct of the auction is delegated under condition 17.5);
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Bid: An offer submitted by a person through the website for the purchase of a lot;
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Bidder: A person who places a bid for a lot;
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Business Day: A day other than a Saturday, Sunday or public holiday, on which clearing
banks are open for non-automated commercial business in England;
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Buyer: A bidder who submits the successful bid;
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Buyer's Premium: The commission payable by a buyer to the auctioneer in addition to the
sale price in relation to a Lot;
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Conditions: These terms and conditions for sellers;
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Regulations: The consumer contracts (information, cancellation and additional charges)
regulations 2013;
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Goods: Any item (or number of items) consigned to the auctioneer by the seller and/or
detailed in listing particulars submitted by a seller to the auctioneer to be placed into a lot for sale at
an auction;
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Group: The company, any subsidiary or holding company from time to time of the company and
any subsidiary
from time to time of a holding company of the company; 'subsidiary' and 'holding company' having the
definitions given to them in section 1159 of the Companies Act 2006;
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Listing Particulars: A description and/or specification of goods to be sold at an auction,
together with
any photographs, diagrams, sketches or other reproduction of those goods in whatever form;
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Lot: Goods upon which bids will be invited by the auctioneer in order to be sold at an
auction;
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Reserve Value: The minimum amount in pounds sterling (£) at which the seller will sell the
goods in question;
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Sale Price: The amount of the successful bid;
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Seller: A person who has submitted listing particulars to the auctioneer and/or placed
goods with the
auctioneer for sale and who has the legal and beneficial title to the goods listed in a lot and/or any
agent(s) authorised to act on their behalf. The word seller and vendor are interchangeable.
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Shill Bidding: The placing of bids by or on behalf or at the direction of a seller with the
purpose of
artificially increasing the sale price;
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Sniping: The placing of bids within ten (10) minutes of the conclusion of an auction with
the specific
intention of placing a successful bid at a time when no other bidder has the opportunity to place a higher
bid;
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Special Conditions: Any special conditions (a) agreed in writing prior to the relevant
auction between the
seller and the auctioneer and/or (b) set out or referred to in any auction catalogue and/or (c) announced or
published (including publication on the relevant website upon which the auction is to be conducted) at the
auction;
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Successful Bid: The highest bid that has been placed at the automatic conclusion of an
auction that is
equal to or in excess of any reserve value;
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VAT: Value Added Tax at the current rate in the United Kingdom, unless otherwise indicated;
and
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Website: The website operated by the auctioneer at www.primeauctions.co.uk [or any auction website] chosen
at the discretion of the auctioneer.
1.2. To the extent that these conditions are inconsistent with any special conditions, the special conditions
shall prevail.
1.3. In these Conditions:
1.3.1. references to a 'person' shall (where the context requires) include a natural person, corporate or
unincorporated body (whether or not having a separate legal personality) and that person's successors and
permitted assigns;
1.3.2. a reference to a gender includes each other gender;
1.3.3. in the singular include the plural and vice versa; and
1.3.4. any words that follow 'include', 'includes', 'including', in particular' or any similar words and
expressions shall be construed as illustrative only and shall not limit the sense of any word, phrase, term,
definition or description preceding those words.
Contractual Relationship
Pursuant to these conditions, the seller appoints the auctioneer to act as his agent in relation to the sale of
goods through an auction. The contract for the sale and purchase of goods through an auction shall be made
between the seller and the buyer at the conclusion of that auction, and the auctioneer is not responsible for
any default by either of them in relation to the sale and purchase of goods or otherwise.
Listing Particulars
3.1. No later than 10 (ten) business days prior to the commencement of an auction, the seller will provide to
the auctioneer listing particulars (in a format supplied or previously approved by the auctioneer) for goods
which it requires the auctioneer to include in an auction. The listing particulars shall, as a minimum, include:
3.1.1. a clear and accurate description of the goods which description is not generic in nature;
3.1.2. A reserve value;
3.1.3. at least 1 (one) photograph that is a clear and accurate representation of the goods. stock images may be
used but are not recommended and must be accompanied by a photo of the actual item; and
3.1.4. whether the goods will be dispatched or are for collection only. If the goods are to be dispatched, the
listing particulars should state the method of postage/courier, if postal/courier charges are included or the
additional postage/courier cost.
3.2. The seller must satisfy themselves that the listing particulars are correct and do not contain any errors.
The auctioneer will not be liable for the sale of any incorrect goods unintentionally included in an auction or
at an incorrect sale price as a result of the mistake or negligent act or omission of the seller.
3.3. The seller must confirm the name of the business or if it is an individual who is selling the items.
3.3.1. The seller must confirm if they are VAT registered and provide a current VAT number.
3.3.2 The location of the items must be given to the auctioneer. If the items are located away from the sellers
main address, then the auctioneer must be informed in writing of their location.
3.4. If in the discretion of the auctioneer, it is apparent or suspected that goods have been deliberately
misrepresented, or important parts of the description have not been included in the listing particulars that
could alter the value or use of the goods, the auctioneer shall be entitled:
3.4.1. if the goods comprise a Lot that has not yet been included in an auction, to refuse to include that lot
in an auction; or
3.4.2. if the goods are already included in an auction which has not yet received any bids, to remove them from
that auction; or
3.4.3. if the goods comprise a lot which forms part of an ongoing auction and has received bid(s), or has been
sold at a concluded auction but payment from the buyer has not yet been received, to declare the sale of that
Lot as void (Void Declaration). In the event of a void declaration and provided that the buyer does not wish to
purchase the goods notwithstanding the misrepresentation or omitted description, then the seller will be liable
(a) to the auctioneer for the loss of the relevant buyer's premium based on the higher of the highest Bid at the
time the of void declaration and the reserve value or (in the case of a concluded sale) based on the sale price,
together with damages and costs, and (b) (if relevant) to the buyer for any damages suffered or costs incurred
by him.
Seller's Account with the Auctioneer
4.1. Upon reasonable request by a seller and within a reasonable time of receipt of listing particulars and
identification and other documentation satisfactory to the auctioneer, the auctioneer will open an auction
account for the seller and issue the seller with a username and password, through which the seller can access
listing and bidding information in relation to goods submitted by him to the auctioneer for listing and auction.
4.2. The auctioneer does not guarantee the seller uninterrupted access to his auction account and the seller
acknowledges that interruptions to the auction account (including but not limited to server downtime) may occur.
Seller Warranties and Indemnity
5.1. The seller warrants to the auctioneer and (where relevant) to the buyer that:
5.1.1. They have full unencumbered legal title to or has the express written authority from the person with full
unencumbered legal title to, the goods, and has full power and authority to instruct the auctioneer to sell the
same by auction;
5.1.2. They are entitled to possession of and to sell the goods;
5.1.3. They will sell the goods placed in a lot to a buyer for the sale price at the conclusion of the auction;
5.1.4. All information supplied by the seller in the listing particulars, any auction catalogue or otherwise
(including in response to queries raised by bidders or potential Bidders) relating to the goods, is or will, at
the time of supply of such information be, true, accurate and not misleading and discloses the true provenance
of the goods, and further that the Information discloses any material defects, faults or damage to the goods
that affects their usual operation or renders the goods unfit for purpose;
5.1.5. Subject to any information stating to the contrary, any goods of a mechanical or electronic nature are in
good working order.
5.1.6. In relation to goods imported into the United Kingdom, all relevant import legislation has been complied
with and applicable export and/or import taxes, levies or other duties have been paid; and
5.1.7. in relation to the sale of goods, They will comply with the relevant provisions of the regulations and
all relevant legislation insofar as they are applicable to the online sale of goods by auction.
5.2. Where the seller acts as the agent for the legal owner of the goods, the seller further warrants to the
auctioneer and (where relevant) the buyer that he has such legal owner's express authority to:
5.2.1. instruct the auctioneer;
5.2.2. give the warranties set out in condition 5.1 above; and
5.2.3. instruct the auctioneer to act in accordance with any special conditions.
5.3. The seller agrees to hold the auctioneer harmless from and will indemnify the auctioneer from and against
all and any liability howsoever arising in relation to the auctioneer receiving the goods and/or selling the
goods at auction and/or in respect of any inaccuracies in the Information and against all cost and expenses
incurred by the auctioneer or on the auctioneer's behalf in dealing with, responding to and/or defending any
claim arising in that respect.
Auctioneer's Discretion
6.1. Listing and Sale: Unless agreed as a special condition, the auctioneer will use its discretion as to the
timing, commencement, and duration of the auction into which the goods are placed. The auctioneer will endeavour
to accommodate any requests in this regard from the seller but cannot guarantee that any such requests will be
observed. Whilst the auctioneer will endeavour to sell goods at an auction with reasonable care and skill, it
provides no guarantee to the seller that any goods will be sold.
6.2. New Sellers: The auctioneer may, at its discretion, carry out investigations as to the solvency and
creditworthiness of a seller. In addition, new sellers may be required to pay a percentage charge [not exceeding
20% of the reserve value on their goods] until such time as the auctioneer decides, in its own opinion, that
such seller is trading at the requisite high standards that the auctioneer expects. such charge is payable from
funds collected by the auctioneer from items sold in auction.
6.3. Sanction: In the event that the auctioneer and/or buyers encounter repeated issues with a seller relating
to:
6.3.1. the non-availability of goods;
6.3.2. requests from buyers for refunds;
6.3.3. misrepresented goods and inaccurate information; or
6.3.4. collection or delivery problems, the auctioneer may, in its own discretion, levy charges against the
seller and/or refuse to accept goods from a seller for listing for auction. Any such charges imposed will be
calculated as 15% of the sale price of the goods in question subject to a minimum of £5 per item/Lot.
Charges - Bulk Listings only
7.1. Listing items into collective auctions is free of charge and there is an upper limit of 15 items into a
collective auction. If more than 15 items are to be listed by one vendor in one auction, then a fee shall be
chargeable.
Auction rates
7.1.1. Listing fee: The listing fee for a bulk listing will be variable depending on the time
and date slot
chosen. Each private auction slot shall be chosen by the vendor according to their priorities and selected from
a range of options available to them. Auction fees shall be payable by the vendor prior to the commencement of
the auction
7.1.2. Commission charge: Where previously agreed with the seller, the seller will pay to the
auctioneer a
commission charge of [between 1% to 15% of the sale price]. The relevant commission charge will be payable to
the auctioneer by the seller no later than 5 business days after the conclusion of the auction in question. For
the avoidance of doubt, the auctioneer will be entitled to deduct the said commission charge from any monies
held by it on behalf of the seller, whether such monies comprise sale proceeds from the relevant auction or
otherwise.
Other charges
7.1.3. Items refunded to the buyer by the seller: In the event that a buyer rejects the goods
and requests a
refund from a seller, the seller will pay to the auctioneer a refund fee [equal to/ being a minimum of 50% of
the commission charge stated at Condition 7.1.2 above, plus costs and damages] within 5 business days of
notification of the same by the auctioneer to the seller. For the avoidance of doubt, the refund fee including
costs and damages will not exceed the commission charge payable had the buyer in question not rejected the
goods.
7.1.4. Pallet charges: The seller will pay to the auctioneer a pallet charge of £5.00 per
pallet for the
unloading or loading of pallets of goods. In addition, the seller will pay to the auctioneer a weekly storage
charge of £4.00 per pallet. All pallet charges will be subject to VAT and will be payable From the proceeds of
the items sold.
7.1.5. Staff charges The auctioneer reserves the right to charge the seller for the
photographing and lotting
up of items by the auctioneer on the seller's behalf, together with the organisation of sales, preparation and
distribution of invoices and collection of goods. The following rates apply, which are subject to VAT, based on
a 7.5 hour working day, and subject to review from time to time:-
7.1.5.1. Director's daily rate - £250;
7.1.5.2. Sales manager's daily rate - £200;
7.1.5.3. Auction assistant's daily rate - £150.
7.1.6. Travel and subsistence expenses: The auctioneer reserves the right to claim such expenses from the
seller at the rate of £1 per mile, reasonable hotel accommodation costs and an allowance of £60 per day
subsistence expenses.
Conduct of the Auction
8.1. The auctioneer will place the goods into Auction with the reserve value set out in the listing particulars.
In the event that the seller does not specify a reserve value in the listing particulars, the goods will be
placed into auction without reserve unless the seller notifies the auctioneer to the contrary in writing no less
than 48 hours before commencement of the auction.
8.2. The auctioneer reserves the right to list items previously consigned to auction until either a) The item
is sold at or above the most recent reserve price communicated by the seller or b) the seller expressly removes
their consent for the item to be consigned to catalogues or marketed for sale. The auctioneer will consider but
will not be obliged to comply with any requests from a seller to amend the commencement date or duration of an
auction.
8.3. Unless the goods are held by the auctioneer, the seller will make the goods available or procure that the
goods are made available for viewing and inspection by bidders and potential bidders for a period of not less
than 48 hours after commencement and prior to the end of the relevant auction. In the event that the goods are
held by the auctioneer, the auctioneer will use reasonable endeavours to make the goods so available.
8.4. The auctioneer is authorised by the seller to bid on behalf of a person who has given written authority to
the auctioneer to bid on that person's behalf.
8.5. The auctioneer may take reasonable steps to regulate the bidding and to refuse undesirable bids at the
auctioneer's discretion.
8.6. In the event of a dispute as to any bid, the auctioneer is authorised by the seller to determine the
dispute using the auctioneer's discretion.
8.7. Shill bidding is expressly forbidden. In the event that the auctioneer becomes aware of or reasonably
suspects shill bidding has taken or is taking place, the auctioneer will remove the lot or lots in question from
the auction and reserves the right to claim damages and/or costs from the seller.
8.8. Bidders and potential bidders will be entitled to raise questions in relation to lots. Any such questions
will automatically be directed to the auctioneer in the first instance and the auctioneer will use reasonable
endeavours to relay the query to the seller. The seller will respond promptly to the query and the auctioneer
will relay the seller's response to the relevant bidder or potential bidder as soon as reasonably practicable.
Withdrawal/Cancellation of Lots
9.1. At the Seller's request: The seller will notify the auctioneer if a lot is advertised or offered for sale
elsewhere in addition to the auction. The seller will use all reasonable endeavours to ensure that he does not
request the withdrawal of a lot from an auction once that auction has commenced. In the event that the seller
requires a lot to be withdrawn from an auction or cancelled as a result of the independent sale of the Lot or
otherwise, the seller will immediately notify the auctioneer in writing and:
9.1.1. provided that at least 48 hours of the auction time remains, the auctioneer will cancel the auction in
relation to that Lot.
9.1.2. if fewer than 48 hours of the auction time remains, the auctioneer will cancel the auction in relation
to that Lot and the seller will pay to the auctioneer: 9.1.2.1. where no bids have been received and no reserve
value was stated,
9.1.2.2. where Bids have been received and no Reserve Value was stated, an amount equivalent to the Buyer's
Premium calculated by reference to the highest Bid at the time of such cancellation;
9.1.2.3. where Bids have been received in respect of the Lot in question, but the Reserve Value has not been
met, an amount equivalent to the Buyer's Premium calculated by reference to the Reserve Value;
9.1.2.4. where Bids have been received in respect of the Lot in question and the Reserve Value has been met, an
amount equivalent to the Buyer's Premium calculated by reference to the highest Bid at the time of such
cancellation, in each case together with the reasonable costs incurred by the Auctioneer;
9.1.3. if the Auction in question has ended, then the Seller will be liable to pay to the Auctioneer an amount
equivalent to the Buyer's Premium on the Sale Price, together with the reasonable costs incurred by the
Auctioneer. The Seller acknowledges that the cancellation and withdrawal of Lots at his request which have
received Bids, or which have ended with a successful Buyer may result in a claim or claims being made against
him by Bidders and/or the Buyer in question for damages or costs incurred by them. The Seller further
acknowledges that the Auctioneer will have no liability to the Seller, any Bidder, or the Buyer in such
circumstances.
9.1.4. Relisting: Once instructed to consign an item to auction The Auctioneer shall continue to list the item
at the most recently communicated reserve price from the Vendor until such time as either a) It is sold by The
Auctioneer or b) The Vendor expressely removes their consent for the item to be consigned or marketed in any way
by The Auctioneer.
9.2.By the Auctioneer: The Auctioneer shall be entitled to withdraw, cancel or remove a Lot from Auction:
9.2.1. in accordance with Condition 3.3.2; or
9.2.2. in accordance with Condition 3.3.3; or
9.2.3. in circumstances where the Auctioneer, acting in good faith, has cause to doubt the ownership and/or
authenticity of a Lot; or
9.2.4. in circumstances where the identity of the Seller is called into question; or
9.2.5. for any other bona fide reason acting in the genuine commercial interests of the Auctioneer. The
Auctioneer will have no liability to the Seller, any Bidder, or a Buyer in the event that the Auctioneer
withdraws, cancels or removes a Lot from an Auction in accordance with this Condition 9.2.
9.2.6 The seller is obliged to inform the auctioneer immediately if a consigned item becomes unavailable for
sale. In the event that an item becomes unavailable for sale and the auctioneer is informed after a bid which
meets or exceeds the reserve price, then the seller shall be liable to pay an amount of 50% of the Buyer's
Premium + VAT at 20%. It is the responsibility of the seller to check the current bidding status of their
consignments by viewing their account or contacting the auctioneer before taking any action that would lead to
the consignment becoming unavailable. Failure to meet this responsibility shall result in the above charge being
applied to the Seller's account.
Extension of the Auction
10.1 The Seller and the Auctioneer agree that Sniping is to be discouraged in the auction process. To this end,
in the event that a Bidder submits a Bid within 10 minutes of the closure of any Auction, the Auctioneer
reserves the right to automatically extend the time during which Bids can be submitted for a Lot by successive
ten (10) minutes periods until a clear period of 10 minutes prior to closure of the Auction is achieved.
After the Auction
11.1. The Buyer will be required to pay the Sale Price, the Buyer's Premium, and VAT where applicable to the
Auctioneer after the Auction has ended. The Auctioneer will confirm receipt of funds to the Seller as soon as
reasonably practicable.
11.2. Transfer of Goods The Seller will either contact the Buyer to arrange the collection of the Goods or
dispatch the Goods within 24 hours of receiving confirmation of receipt of funds form the Auctioneer.
11.2.1. Goods held by the Seller: the Seller will confirm to the Auctioneer by email or through the Seller's
Auction Account that the Goods have been collected, or in the case of Goods to be dispatched, that the Goods
have been dispatched, together with the courier details and consignment number. The Auctioneer will not release
sale proceeds to the Seller unless and until such confirmation is received. The Auctioneer reserves the right to
contact the Buyer to confirm collection or receipt of the Goods [and the quality of service they have received
from the Seller].
11.2.2. Goods held by the Auctioneer: The Auctioneer will arrange collection of the Goods from the Auctioneer's
premises with the Buyer, such collection to take place no earlier than 24 hours after confirming receipt of
funds to the Seller and provided further that the Goods have not been withdrawn in accordance with Condition 9.
11.3. Subject to confirmation of collection or dispatch in accordance with Condition 11.2 and the Auctioneer's
rights to set off sums owing to the Auctioneer and/or the Buyer pursuant to Conditions 15.2, 15.3 and 15.4 and
to Condition 11.4 below, the Auctioneer will account to the Seller for the Sale Price within 14 Business Days
from receipt of the goods by the buyer. Where the Seller has multiple Lots in the same Auction or in the event
of a Bulk Listing, payments to the Seller will be grouped together and (subject to confirmation of collection or
receipt) paid to the Seller at 14 days from receipt of the last item in the transaction.
11.4. In the event that the Auctioneer is notified by the Buyer that he intends to request or has requested a
refund of the Sale Price on the basis of a breach of the Seller's warranties in Condition 5.1 or otherwise, the
Auctioneer may retain the Sale Price (notwithstanding Condition 11.1) until the matter is resolved in accordance
with Condition 15.
11.6. Where a Buyer pays for Goods but does not collect them (and such Goods are not due for dispatch), then
the Auctioneer reserves the right to pay for the item from the Buyer's funds held by the Auctioneer and
transport the Goods in question to the Auctioneer's premises for later collection or disposal.
11.7. If the Buyer fails to supply their name or address or that of the person on whose behalf the Buyer has
bid, the Auctioneer is authorised by the Seller to auction the Goods again at any time.
11.8. Remittance to the vendor is made in full, 14 days after the buyer receives the goods. Where the vendor is
aware that a buyer has paid their invoice i.e. has received email notification of payment from the auctioneer,
and the vendor refuses to release the goods to the buyer or a third-party courier acting on their behalf and
producing a copy of the auctioneer's collection note, then the auctioneer shall not be liable for any transport
or associated costs incurred by the buyer. In these circumstances, the seller shall be expected to release the
goods to the buyer on proof of identification. The seller shall be liable for any costs incurred by the buyer
for collections which are unsuccessful because of this reason. For the avoidance of doubt, the auctioneer can
confirm by telephone whether payment has been received in full and therefore sellers are advised to arrange
collections between 09:00-16:30 on weekdays. Likewise, the auctioneer shall not be liable if the vendor releases
goods to a third party in error, having not been made aware that payment has been received by the auctioneer, or
having not suitably checked the identity and legitimacy of the buyer or collecting agent.
Storage of Goods
12.1. A Seller may store unsold Goods at the Auctioneer's premises at the Auctioneer's discretion and with the
Auctioneer's prior written consent. The Auctioneer will be entitled to charge the Seller for such storage at the
rate of £20 per week per item plus VAT. For large Items such as Vehicles or Heavy Machinery or High Value Items
valued at £10,000 or more, this figure will be £50 per week per item.
12.2. If the Goods remain at the Auctioneer's premises for a period of 10 Business Days or more after:
12.2.1. the end of the relevant Auction; or
12.2.2. the Auctioneer's written request to the Seller to remove the [unsold] Goods, the Seller will pay to the
Auctioneer an additional storage fee of £20/day per item, plus VAT and, in the case of unsold Goods only, the
Auctioneer is authorised by the Seller to sell the Goods at the Auctioneer's discretion to defray costs and
storage charges, in addition to the Auctioneer's remuneration for the services being provided by the Auctioneer
to the Seller which shall be agreed upon prior to delivery or collection of the Goods]. Any Reserve Value
previously specified by the Seller will not be applicable after the Auctioneer has given written notice to the
Seller to remove the Goods from the Auctioneer's premises in accordance with this Condition 12.
12.3. The Auctioneer shall not be responsible for any loss of or damage of Goods howsoever caused, whether or
not the Goods are stored at the Auctioneer's premises. The Seller will be responsible for insuring against loss
of or damage to the Goods at all times until risk and title in the Goods has passed to the Buyer.
Buyer's Failure to Pay
13.1. The Auctioneer reserves the right to claim and/or commence legal proceedings against a Buyer for an unpaid
Buyer's Premium and any storage charges and related damages, costs and expenses incurred by the Auctioneer. The
Auctioneer will not be liable to commence legal proceedings and/or claim against the Buyer on behalf of the
Seller for the Sale Price, the Seller's costs or any other damages, costs or expenses.
13.2. The Seller undertakes to immediately notify the Auctioneer in the event that the Seller commences legal
proceedings against a Buyer who fails to pay for an item and to keep the Auctioneer informed as to the progress
of any such proceedings.
Limitation of Liability
The Auctioneer's liability to the Seller is limited to the higher of:
14.1. [26%] of: the Sale Price of the Lot to which a claim relates, less the Buyer's Premium in relation to
that Lot; or the higher of the Reserve Value or the highest Bid in respect of an unsold Lot to which a claim
relates, less a sum equivalent to the Buyer's Premium calculated on the basis of that amount; and the sum of
£1,000 (one thousand pounds), in respect of all and any claims made by the Seller against the Auctioneer in
relation to a particular Lot.
14.2 The Seller acknowledges that the Auction is an automated web-based process. The Auctioneer will not be
liable for any damages, costs, claims or losses howsoever arising from any power outages, internet down-time or
any other matter or event outside the control of the Auctioneer notwithstanding that the likelihood of such a
matter or event had been notified or may have been apparent to the Auctioneer prior to the commencement of any
Auction.
Dispute Resolution, Remedies and Set Off
15.1. In the event that a dispute arises between the Seller and a Buyer, the Seller will deal directly with the
Buyer to find a negotiated settlement. If the Seller and the Buyer are unable to agree a negotiated settlement
between themselves then (at the written request of either the Seller or the Buyer) the Auctioneer may, at its
discretion, endeavour to negotiate a settlement between both parties. If the item has been described incorrectly
or in a manner to mislead, then the Auctioneer will look more favourably on the Buyer. If a resolution cannot be
reached within a reasonable time frame, then the Auctioneer will make a decision that will be binding.
15.2. In any case, the buyer will have 10 days from receipt of their item in which to raise a dispute regarding
the good received. The buyer should notify the vendor and auctioneer at the earliest opportunity, but no more
than 10 days after receipt, regarding any perceived issues. Complaints or issues raised after this time frame
should be directed to the vendor and the auctioneer cannot accept any liability for issues raised outside of
this time frame.
15.3. The buyer is advised to check any and all goods immediately on receipt or at the point of collection and
raise any issues at the earliest possible point. By signing for the delivery of goods the buyer is accepting
that the goods have been received as per the description, and so should ensure they are checked appropriately,
or explicitly sign to say, 'goods received unchecked'. Goods identified as not matching their description should
not be removed from the site by the buyer if collecting and the issues raised with the vendor on collection or
by telephone or email to the auctioneer immediately if a resolution cannot be found.
15.4. In the event that a refund is due from the Seller to a Buyer in relation to any Goods, the Auctioneer
will endeavour to make the refund from the proceeds of the Seller's sales held on his Auction Account. If the
said Auction Account contains no or insufficient funds, the Seller must make payment of the full amount or the
balance (as the case may be) within 24 hours of the request of such payment by the Auctioneer. The Auctioneer
will look to reclaim a minimum of 50% of the lost commission for the refund of an item from the Seller. Payment
must be made within 24 hours of the request of payment to the Seller.
15.5. The Auctioneer may deduct the Buyer's Premium and any other remuneration and/or charges payable to it by
the Seller and/or the Buyer from any sum received by the Auctioneer from the Buyer of any Goods prior to
accounting to the Seller for the balance.
15.6. In the event that the Auctioneer holds any funds in the Seller's Auction Account to the credit of the
Seller at any time, the Seller agrees, and the Auctioneer is authorised to set off against such credit balance
any undisputed amount owed to it by the Seller under these Conditions in relation to any Lot or Lots, or under
the Auctioneer's terms and conditions for Buyers in circumstances where the Seller owes money to the Auctioneer
as buyer of any other Goods.
15.7 Disputes in Relation to Diamonds, Gemstones and Jewellery:
15.7.1 In relation to disputes involving Diamonds, Gemstones and Jewellery, there is a standard procedure which
will be employed in order to reach a resolution. Items of this nature called into question will be sent to the
Independent AnchorCert Gem Lab at the Assay Office in Birmingham to be tested for the characteristics called
into question. On receipt of the report from AnchorCert, their findings will be treated as final. If the item
tested is found to be as described in the auction, the item will be returned to the buyer who shall be liable
for the costs associated with the assessment. In the event the item is materially different to the description
provided in the auction then the seller will be liable to refund the buyer for the full amount paid, the
auctioneer for 100% of the buyer's premium, and the costs associated with the assessment. The item will be
returned to the seller on receipt of these funds in full. Responsibility for ensuring that the description is
accurate lies entirely with the seller prior to listing. In all cases, the AnchorCert report shall provide the
basis for the mediation and the Auctioneer's decision is final taking into consideration some tolerance for
minor discrepancies. The overarching principle in determining any dispute is that all parties are treated fairly
and with respect in the circumstances.
15.7.2 Where any dispute is raised, the vendor has a period of 28 days within which to offer a resolution.
Where the vendor and buyer cannot agree on a resolution, the auctioneer will seek to mediate and provide a
conclusion within this time frame which may include but is not limited to: dismissing the buyer's complaint as
unreasonable/unfounded; recommending a partial or complete refund; recommending another act as a gesture of
goodwill such as free delivery; suggesting a third-party assessment as per clause 15.7.1; or any combination of
the above. Where the vendor fails or is unable to offer an appropriate and fair resolution within the 28 day
period from being made aware of the issue then the auctioneer will seek to support the buyer in receiving a
refund, notwithstanding that their claim is deemed to be unfounded or unreasonable.
Data Protection
The Seller acknowledges and agrees that The Auctioneer may collect, process and store personal data and feedback
regarding the Seller's transactions with The Auctioneer and share this personal data with any Buyers who are
entering a contract with the Seller. This is on an ongoing basis to ensure the integrity and reputation of The
Auctioneer and to allow The Auctioneer, Sellers and Buyers to complete the transaction. For further information
on the data held by The Auctioneer on Seller's and Buyer's.
General
17.1. No one other than the Auctioneer will have any right to enforce any of these Conditions.
17.2.Nothing in these Conditions is intended to, or shall be deemed to, establish any partnership or joint
venture between the Seller and the Auctioneer or any other parties, or to constitute any party the agent of
another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.
Each of the Auctioneer and the Seller confirms, except where stated in a Special Condition, that it is acting on
its own behalf and not for the benefit of any other person.
17.3. These Conditions constitute the entire agreement between the Seller and the Auctioneer. Notwithstanding
this, in the event of a conflict between these Conditions and any Special Conditions, the Special Conditions
will prevail.
17.4.If any of these Conditions (or part of any Condition) is or becomes illegal, invalid or unenforceable, the
legality, validity and enforceability of any other Condition will not be affected. If any Condition (or part of
any Condition) is or becomes illegal, invalid or unenforceable but would be legal, valid and enforceable if some
part of it was deleted or modified, the Condition or part-Condition in question shall apply with such deletions
or modifications as may be necessary to make the Condition legal, valid and enforceable.
17.5. The Auctioneer reserves the right to amend these Conditions at any time. The changes will be emailed to
all registered Sellers with a current Auction Account with the Auctioneer and will be included in the
Auctioneer's 'Terms and Conditions' section of its Website. A copy of the latest Conditions can be found at
www.primeauctions.com.
17.6. The Auctioneer may subcontract or delegate in any manner any or all of its obligations under these
Conditions to any third party, provided that it gives written notice of such subcontract or delegation to the
Seller. The Seller shall not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in
any other manner with any of its rights and obligations under these Conditions.
17.7. These Conditions and any dispute or claim arising out of or in connection with them or their subject
matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in
accordance with, the law of England and Wales.
17.8. Each of the Seller and the Auctioneer irrevocably agree that the courts of England and Wales shall,
subject to Condition 15.1, have exclusive jurisdiction to settle any dispute or claim arising out of or in
connection with these Conditions or their subject matter or formation (including non-contractual disputes or
claims).
Procedures Regarding VAT Refunds following Export of Goods
18.1.Where a vendor receives complete, accurate and prompt documentation to prove that goods have been exported
they shall be liable to arrange the refund of the VAT to the buyer, assuming the transaction is complete and the
funds including VAT have been paid to the vendor's account. The Auctioneer does not accept liability for any VAT
refunds unless specifically agreed with all parties prior to the sale and at no time does the Auctioneer take
ownership of third party goods during any transaction. Any late submissions of export documentation should be
made to HMRC following the protocols advised by them. It is the responsibility of the buyer to prepare and
submit any export documentation promptly and accurately to avoid any delay in receiving a refund and this
remains the case even where an EU VAT number is provided. It is the responsibility of the seller to refund any
VAT received by them in relation to a sale where the correct and complete documentation is provided by the buyer
within 28 days of the sale.Where a vendor receives complete, accurate and prompt documentation to prove that
goods have been exported they shall be liable to arrange the refund of the VAT to the buyer, assuming the
transaction is complete and the funds including VAT have been paid to the vendor's account. The Auctioneer does
not accept liability for any VAT refunds unless specifically agreed with all parties prior to the sale and at no
time does the Auctioneer take ownership of third party goods during any transaction. Any late submissions of
export documentation should be made to HMRC following the protocols advised by them. It is the responsibility of
the buyer to prepare and submit any export documentation promptly and accurately to avoid any delay in receiving
a refund and this remains the case even where an EU VAT number is provided. It is the responsibility of the
seller to refund any VAT received by them in relation to a sale where the correct and complete documentation is
provided by the buyer within 28 days of the sale.
BIDDING TERMS AND CONDITIONS
2.1 The Seller warrants that:
(a) they have the full unencumbered legal title and express authority to sell the Goods that the Auctioneer has
placed into in a Lot.
(b) the description and content of the information listed by the Auctioneer (whether in a catalogue or
otherwise) relating to any Goods is accurate and not deliberately or negligently misleading.
(c) Viewing is facilitated and encouraged, and the bidder should take actions to satisfy themselves through
viewing and/or making the necessary additional enquiries that they are happy to place a bid with the information
they have prior to bidding and not afterwards. Requests to view and/or make additional enquiries after the buyer
has placed bids and/or the auction has closed will not be permitted prior to final settlement of the invoice.
Lack of time or inability to travel to the location will not constitute reasonable grounds for defaulting on
payment. If an enquiry is submitted and no answer is provided prior to the close of auction, then the auctioneer
accepts no liability for any bids placed and the general rule of thumb for bidders should be followed at all
times namely If you are unsure, do not bid.
(d) subject to any contrary powers of the Auctioneer set out in these conditions, he will sell the Goods placed
in a Lot for the price indicated in a Bid submitted by a Buyer providing that the conditions in clause 4.1 are
satisfied; and
(e) he will not contact any Buyers or potential buyers directly in relation to a sale of any Goods whilst they
are listed in a Lot.
2.2 If the Seller’s instructions are given by the Seller’s agent, the Seller’s agent warrants that he has the
Seller’s authority:
(a) to instruct the Auctioneer;
(b) to give the warranties set out in clause 2.1 above; and
(c) to instruct the Auctioneer to act in accordance with any special conditions.
The Auctioneer’s Remuneration
3.1. The Auctioneer’s remuneration shall be such as has been agreed between the Seller and the Auctioneer.
3.2 The Auctioneer may (in his discretion) deduct his remuneration from monies received from the Buyer before
accounting to the Seller for the balance.
1. When used in these Conditions, the following terms highlighted in bold shall have the following meanings:
- Auction: a public or private sale in which Goods belonging to the Seller are sold to the
highest Bidder by the Auctioneer;
- Auctioneer: Prime Auction Limited or any other company within the Group (including their
employees and agents and any person to whom conduct of the Auction is delegated under clause 5.11);
- Bid: an offer to purchase a Lot in accordance with these Conditions submitted by a Bidder;
- Bidder: a person bidding for a Lot;
- Buyer: a person who submits the highest Bid for a Lot that is accepted by the Auctioneer;
- Buyer’s Premium: The Buyer shall pay a Buyer’s Premium of 20% plus VAT, unless otherwise
indicated;
- Goods: any item (or number of items) consigned to the Auctioneer by the Seller to be placed
into a Lot for sale at an Auction;
- Group: any entity that is a ‘subsidiary’ or ‘holding’ company as defined by s.1159
Companies Act 2006;
- Lot: (a collection of) Goods listed (whether in a catalogue or otherwise) by the Auctioneer
that are available to be purchased at an Auction;
- Overseas Purchaser: a Buyer whose residence is outside the UK;
- Seller: a person who has placed Goods with the Auctioneer for sale and who has the legal
and beneficial title to the Goods listed in a Lot and/or any agent(s) authorised to act on their behalf.
- VAT: Value Added Tax at [the current rate] of the Lot price, unless otherwise indicated;
1.2. Any person who attends an Auction and/or submits a Bid at an Auction heldor organised by the Auctioneer,
whether by electronic means or otherwise, is deemed to have read and accepted these Conditions by reference to
their attendance at the Auction or submission of a Bid.
1.3. To the extent that these Conditions are inconsistent with any specialconditions set out or referred to in
the Auction catalogue or announced at the Auction, the special conditions shall prevail.
1.4. References to a ‘person’ in these Conditions shall (where the context requires) include a natural person,
corporate or unincorporated body (whether or not having a separate legal personality) and that person’s
successors and permitted assigns.
General Rules Governing Bidding and Buying
4.1 If a Bidder submits a Bid to purchase any Lot(s), they must complete the transaction with the Seller
providing:
(a) their Bid has been accepted as the highest value Bid for the Lot by the Seller; once the Auction for that
Lot has closed;
(b) the Auctioneer declares that Bidder to be the Buyer in accordance with clause 5.7 and
(c) the value of their Bid is at least equal to or greater than any minimum reserve price for the Lot set by the
Seller (if any).
4.2 Upon satisfaction of the conditions in clause 4.1 a Buyer can only terminate a contract to purchase the Lot
if the Goods comprising the Lot do not materially comply with the information provided in the Auction catalogue
in relation to them and any such issue should be raised with the vendor and auctioneer at the earliest possible
opportunity and in any case within 10 days of receipt of the goods.
4.3 Unless the Auctioneer has previously acknowledged in writing that the Bidder bids as agent on behalf of a
named principal, every Bidder shall be taken to bid on his own behalf as principal.
4.4 Placing a Bid entitles the Auctioneer and any Seller to rely on the Bid as a genuine offer to purchase the
Goods contained in the Lot.
4.5 If the Auctioneer has earlier acknowledged in writing that the Bidder bids as agent on behalf of a named
principal, the Bidder warrants that he has the authority of his principal to make each Bid he makes.
4.6 The Bidder has the right to view all Lots. If the Bidder wishes to view a Lot, the Bidder must contact the
Auctioneer at [email protected] The Bidder must give the
Auctioneer a minimum of 24 hours’ notice to
arrange a viewing of a Lot. Please note that the Auctioneer cannot guarantee any viewing of any Lot in the final
24 hours of the Auction. A refundable deposit may be requested at the Auctioneers discretion to facilitate
viewing of lots.
4.7 Any request for information on a lot, must come via email, either through the lot enquiry form on each lot,
or via email to - [email protected] Potential bidders must
register for an auction to receive information
about a lot.
Conduct of the Auction
5.1 The Auctioneer offers each Lot as an agent of the Seller and not as principal unless otherwise indicated in
the Auction catalogue.
5.2 Any Lot may be subject to a minimum reserve price set by the Seller unless otherwise indicated in the
Auction catalogue.
5.3 The Seller or his representative or the Auctioneer on his behalf may Bid for any Lot unless otherwise
indicated in the Auction catalogue.
5.4 The Auctioneer may at any time before the fall of the hammer withdraw or divide any Lot or combine any Lots.
5.5 With the previous written consent of the Seller, the Auctioneer may sell any Lot by private sale before or
after the Auction.
5.6 Any person wishing to place a Bid for a Lot at an Auction organised by the Auctioneer must register with
bidspotter.co.uk, i-bidder.com, the-saleroom.com www.primeauctions.co.uk or
any other website we advertise on, their relevant details and register a valid credit or debit card before they
will be able to Bid.
5.7 A Bidder who submits the highest value Bid for any Lot before an Auction is closed may be declared as the
Buyer by the Auctioneer.
5.8 If a Bidder submits a Bid within 10 minutes or less of the closure of any Auction, the Auctioneer reserves
the right to automatically extend the time during which Bids can be submitted for a Lot by ten (10) minutes.
5.9 The Auctioneer may decide whether there is a dispute between Bidders, summarily determine the dispute or
immediately again offer the Lot for sale, in each case without being required to give a reason.
5.10 The Auctioneer shall in every other respect decide how the Auction is to be conducted and without being
required to give a reason.
5.11 The Auctioneer may in his sole discretion delegate to a person whom he believes to be competent to conduct
the auction in accordance with these Conditions.
5.12 The Auctioneer reserves the right to reject any bids which the Auctioneer feels in its sole discretion does
not reflect reasonable value.
5.13 The Auctioneer has a right to report suspicious activities to the relevant authorities, at any time.
5.14 The Auctioneer shall notify all successful Buyers via email by way of invoice or payment request. Buyers
can also confirm which lots they have won within their account on the website www.primeauctions.co.uk
5.15 The Buyer can access the Auction at
5.16 We cannot be held liable for any errors on the website, problems with registration / accepting bids.
5.17 The description of the item should hold precedence over the photographs. We reserve the right to use stock
/ catalogue images if original photographs cannot be used. Caution should be used when bidding on an item with
only a stock image, as colours and sizes of an item can vary from the sale item. No warranty is given.
After the Sale
6.1 Upon the Auctioneer declaring the Auction for any Lot to be closed and the Lot to be sold, the Buyer shall
immediately arrange to pay the value detailed in clause 6.5 to the Auctioneer by way of direct payment into the
nominated bank account of the Auctioneer (details of which shall be provided to the Buyer by the Auctioneer).
6.2 Payments shall be in pounds sterling (£) (unless otherwise indicated).
6.3 All prices are exclusive of VAT or other applicable taxes, delivery charges and insurance unless otherwise
indicated by the Auctioneer (whether in the catalogue or otherwise).
6.4 Within [1] business day of the closure of the Auction in relation to any Lot the Buyer shall confirm the
identity of any person on whose behalf he has purchased the Lot (if any).
6.5 The Buyer shall pay the following sums to the Auctioneer in full within 2 days of the Auction:
(a) the balance of the price due for the Lot together with any VAT due (including but not limited to the Buyer’s
Premium); or
(b) where the final price for the Lot was not immediately determined upon the closure of the Auction for the
Lot, the value as summarily determined by the Auctioneer, whose determination shall be final and binding, of all
or part of any Lot.
(c) where the total amount payable is less than £1000 then the buyer has the option of making payment by Credit
or Debit Card by following the links in the invoice emailed to them. It is the responsibility of the buyer to
undertake this action and payments will not be automatically debited from any registered card following the
close of auction.
(d) where the total amount payable is equal to or in excess of £1000 then payment by card will not be
facilitated and a bank transfer will be required. A bank transfer can still be made for payments under £1000 and
for payments of this amount the buyer may select their preferred method of payment. No other payment methods are
accepted.
In every case time shall be of the essence. Deadline is 16:00hrs on the second day after the auction.
6.6 The Auctioneer may at any time in his sole discretion grant the Buyer an extension of time, in which case
the Buyer shall pay the auctioneer in full in accordance with such extension before moving or removing the Lot.
6.7 If the Buyer fails to make any payment due to the Auctioneer under these Conditions by the due date for
payment, then, without limiting the Auctioneer’s remedies under these Conditions, the Buyer shall:
6.7.1 be contacted by the Auctioneer by email and telephone;
6.7.2 pay storage charges for the Lot at £20 per lot per day (more substantial items such as cars, plant,
machinery or with a value over £10,000 shall be charged at £50 per Lot per day);
6.7.3 be responsible for paying any transportation costs of the Lot, this includes any charges connected with
returning the item back to the Seller;
6.7.4 pay interest on the overdue amount at the rate of 8% per annum above the Bank of England’s base rate
from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the
overdue amount, whether before or after judgment. The Buyer shall pay the interest together with the overdue
amount.
6.8 Until the Buyer has complied with clause 6.5 above:
(a) title to any Lot shall not pass to the Buyer;
(b) the Lot shall be at the Buyer’s risk;
(c) the Auctioneer shall have a lien over any Lot purchased by the Buyer at the Auction; and
(d) if the Buyer effects or purports to affect a resale or any other disposition of all or part of the Lot, the
Buyer shall hold the proceeds of resale or other disposition on trust for the Auctioneer and the Seller.
6.9 On written request by the Highest Bidder the Auctioneer shall provide a VAT invoice in a proper form, if
appropriate.
Removal of the Lot
7.1 The Buyer may not remove their Lot until after the end of the Auction and the Auctioneer has confirmed that
they are holding cleared funds received from the Buyer without the prior written consent of the Auctioneer.
7.2 After paying the sums specified in clause 6.5 above, the Buyer must remove the Lot bought within 5 days of
the end of the auction. In each case time shall be of the essence.
7.3 The Auctioneer may at any time at his sole discretion and on terms reasonably specified by him grant the
Buyer an extension to the time specified in clause 7.2 above.
7.4 If the Lot bought is or includes a motor vehicle, no warranty is given by the Auctioneer that the vehicle
may safely or lawfully be driven on any road.
7.5 When removing any Lot, the Buyer:
(a) is responsible for detaching any Lot fixed to land and must do so safely and lawfully and must not use flame
cutters, explosives or any other dangerous equipment or process without previous written permission signed by or
on behalf of the Auctioneer; a written Health and Safety plan with method statement may be required.
(b) must use safe and lawful means of removing the Lot;
(c) shall indemnify the Auctioneer and Seller against any loss damage legal or other expenses and any claim
arising from the detaching of the Lot or its removal; and
(d) shall have adequate insurance in respect of such indemnity and shall on request produce to the Auctioneer a
receipt for the last premium due or other sufficient evidence that such insurance has been affected and remains
in force.
7.6 The Auctioneer reserves the right to stop the removal of any Lot if in their sole discretion they do not
believe the Lot is being moved in accordance with clause 7.5 above.
7.6.1 It is the Buyers sole responsibility to arrange for collection or delivery of the Lot.
7.7 Lots will not be released, even when purchased, if there is an outstanding invoice, in this or another
auction.
7.8 Purchasers should contact the vendor or agent, once an invoice has been paid to ensure there are no lifting
out fees for large, outsized or dangerous goods.
7.9 There is no guarantee of collection in the first 48 hours after an auction.
7.10 Once an item is removed from the seller’s location by the buyer or a third party on their behalf, then it
is deemed to be acceptable and correct. If in doubt, then the buyer is advised not to remove the item and inform
the vendor and auctioneer immediately to seek a resolution of the case at the earliest convenience.
7.11 Any issues relating to an item should be taken up with the vendor at the point of collection.
Liability of the Auctioneer
8.1 Goods sold in any Lot are sold as seen, with all faults and imperfections and the Auctioneer is not
responsible for any defects whatsoever (whether latent or not).
8.2 No warranty or representation of any kind is given or authorised to be given by the Auctioneer with regards
to any Lot.
8.3 The Auctioneer has no liability to the Buyer for any delivery or collection costs. If the Buyer is unable to
collect any Lot, the Buyer is to contact the Seller, once the invoice has been paid.
8.4 The auctioneer is acting as the sales agent for the lots in auction. Any problems with a lot should be taken
up with the vendor.
Overseas Purchasers
9.1 If the Buyer is an Overseas Purchaser they must advise of their intentions to export the Lot immediately and
notify the sales co-ordinator of the Auctioneer by email: [email protected]
9.2 Overseas Purchasers will be required to provide the following information: (a scanned copy of):
(a) their passport(s);
(b) another form of identity, (i.e. drivers licence, name, address, UK agent
(if any), telephone and fax numbers);
(c) full details of their national bank and their UK corresponding bank; and
(d) details from their bank confirming method of payment.
9.3 It is the Buyers’ responsibility to ensure that:
(a) the country to which the Goods are destined to got to have no import restrictions on the Goods that they
have purchased;
(b) the country has no import licence restrictions or a restriction on currency allocation;
(c) the country has no prolonged inspection procedure, which might cause excessive delay in allowing the Goods
to be imported;
(d) they employ a reputable freight-forwarding organisation; and
(e) the Buyer has read and agreed with these Conditions.
9.4 If there are any special arrangements that the Buyer wishes to make with the Auctioneer, the Buyer must
contact the Auctioneer at least three business days before an Auction takes place.
9.5 We reserve the right to insist a deposit is paid before bidding from an overseas bidder.
VAT and Subsequent Refunds
10.1 All Buyers intending to export a Lot will be charged an additional deposit equal to that of the VAT due on
each Lot purchased.
10.2 In order to qualify for a refund, the Goods must be exported in accordance with relevant export regulations
and valid written evidence of such compliance shall be sent by the Buyer to the vendor at their registered
address and to the Auctioneer within 28 days of the date of collection to the following address on official
company headed notepaper signed by the Buyer: Prime Auctions, 71-75 Shelton Street, Covent Garden, London, WC2H
9JQ. At no time does the auctioneer take ownership of any goods sold in auction and therefore accepts no
liability for VAT refunds unless specifically agreed with all parties prior to the sale. The auctioneer seeks
only to facilitate communication between buyer and seller in order to ensure all parties are treated fairly
during the transaction.
10.3 Where satisfactory evidence is not provided, goods will be subject to UK VAT at the standard rate of export
and the Buyer will forfeit any deposit they may have paid in accordance with this clause 10.
10.4 The Auctioneer is unable to refund the VAT on the Buyers’ Premium in any circumstances.
10.5 If the Buyer chooses to export their purchases using their own transport, then VAT will be levied and
refunded upon satisfactory documentation supporting the removal of the Goods purchased assuming the terms of
clause 10.2 are satisfied.
10.6 Notwithstanding any other clause in these Conditions the Auctioneer reserves the right to refuse:
(a) to accept any Bid from a Bidder; or
(b) to sell any Lot (in whole or in part) to a Buyer.
Default by the Buyer
11.1 If at any time the Buyer fails to pay any of the sums under these Conditions when they fall due or to
remove any Lot by the time specified in clause 7 above (or any extension granted under clause 7 above) the
Auctioneer may rescind the sale of that Lot, in which case any deposit shall be forfeited, and that Lot may be
resold by Auction or privately by the Auctioneer.
11.2 If the Auctioneer has rescinded the sale but the Buyer has removed the Lot bought, the Auctioneer shall be
entitled upon serving reasonable advanced written notice on the Buyer, to enter upon any premises where he
believes the Lot to be and safely remove it.
11.3 If the Auctioneer has rescinded the sale and the Lot has been resold, the Buyer shall make good any
deficiency, namely:
(a) the sale price less the resale price; and/or
(b) the costs of and costs incidental to the resale of the Lot.
11.4 If the Buyer has failed to remove any Lot by the time specified in clause 7 above (or any extension granted
under clause 7 above) and as a result the Seller is unable to give vacant possession on disposing of or
relinquishing any interest in the premises from which the Lot should have been removed, the Buyer shall
compensate the Seller for any loss arising from their failure to give vacant possession.
11.5 If at any time the Buyer in any way breaches or defaults under any of these Conditions, the Auctioneer
reserves the right (without prejudice to any other rights) to issue proceedings 28 days after the Buyer’s
initial default or breach of these terms. The Auctioneer’s claim shall include, but not limited to, any loss of
earnings (buyers commission), any administration charges, any storage charges and any legal fees associated with
the Buyer’s breach or default (all amounts will exclude VAT).
11.6 The Auctioneer reserves the right to recover any outstanding charges from the Buyers payment card used to
register for the Auction.
11.6.1 if the card used to register is fraudulent, registered to a third party or does not have enough funds on
it to cover the cost, a £25 plus Vat fee will be added to the invoice.
11.6.2 if we have to take payment from a registered card, we will endeavour to take from the invoice, in
descending order, the whole amount, half the amount, one quarter of the amount, our premium plus Vat, £100 and
then £50.
11.6.3 if the attempt to take payment is unsuccessful then we will charge £5.00 per transaction to recover the
funds in 11.6.2.
11.6.5 Bidders who submit charge backs after non-payment of an invoice will be charged the following:
(a) Administrative charge of £250 plus VAT to defend the charge back.
(b) Storage charges will start immediately the Charge Back notification is received from our bank for a
minimum of 28 days at a rate of £50 per item per day, plus Vat. We will also look to recover all of our
premium.
(c) All Chargebacks will be pursued through the courts.
11.6.6 Invoices that are outstanding 10 days after the end of the Auction will have the funds debited direct
from registered bank card. This will include but not limited to the Buyer’s Premium, storage and transport
costs
and Vat.
11.7 If the Auctioneer issues proceedings the following costs shall be payable by the Buyer:
11.7.1 The solicitor costs varying from £150 - £250 plus VAT for the issuing of proceedings;
11.7.2 £10 plus VAT for the initial letter sent by the solicitor; and
11.7.3 any court fees that are incurred, including but not limited to £90 lost wages, travel costs and £165
hearing fee.
11.7.4 Our solicitors rate for attending court is £300 plus VAT per hour, plus expenses.
11.7.5 Our staff rate for processing a legal claim is £70 plus VAT per hour plus expenses.
11.8 Any Buyer who is in default or breach under these terms shall be banned from any Auction held by the
Auctioneer, Bidspotter, ibidder, the-saleroom and any other platform we advertise on.
11.9 Items that storage charges are levied on can be collected with 48 hours notice. No charge will be levied
during the 48-hour notice period.
11.10 After the storage period of 28 days has ended the vendor may request the items to be returned. The cost of
this transport will fall on the defaulter.
11.11 The security and integrity of the bidders account is their responsibility. Bidders are expected to take
reasonable actions to preserve the integrity of their account and this is assisted by the requirement of
passwords etc to log in. Appropriate care should be taken to ensure other members of the household or those with
access to shared computers cannot gain access to bidding accounts without permission from the account holder and
where this has not been done the bidder shall be liable for any bids placed on their account by persons without
prior consent to do so. Other factors shall be considered in determining the legitimacy of any claims such as
other recent bidding
activity, the amounts entered, time of bids placed etc.
Data Protection
12.1 The Buyer acknowledges and agrees that the Auctioneer may collect, process and store personal data and
feedback regarding the Buyer’s transactions with The Auctioneer and share this personal data with any Sellers
who are entering a contract with the Buyer. This is on an ongoing basis to ensure the integrity and reputation
of The Auctioneer and to allow The Auctioneer, Sellers and Buyers to complete the transaction.
Waiver
13.1 No failure or delay by the Auctioneer to exercise any right or remedy provided under this agreement or by
law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further
exercise of that or any other right or remedy. No single or partial exercise of such right or remedy by the
Auctioneer shall prevent or restrict the further exercise of that or any other right or remedy.
Jurisdiction
14.1 These Conditions shall be governed by and construed in accordance with the laws of England and Wales, save
that:
(a) if the Auction is held in Scotland, in accordance with the laws of Scotland; or
(b) if the Auction is held in Northern Ireland, in accordance with the laws in Northern Ireland (where
applicable).
Guidance on Registration
15.1 The Auctioneer reserves the right to decline a bidder’s registration to bid without notice or recourse.
15.2 The Auctioneer reserves the right to request a deposit from all or any bidders at any time.
15.3 Unless an Invoice is amended within 1 business day as per point 6.4, to state that the name should be
changed to a Company. Then the registered bidder is always liable for any outstanding invoice.
15.4 If the invoice is changed to a company as per point 6.4 and the company goes into liquidation or is
dissolved then the original registered bidder will still be liable for any outstanding debt.
15.5 We reserve the right to request to Companies House that any company that has an outstanding debt is halted
from dissolution until the debt is cleared.
15.6 A bidder must give their full name at registration, initials and nicknames are not valid.
15.7 If you are purchasing an item through third party finance, this needs to be pre-arranged so that there is
no delay in payment.
General Conditions
16.1 All our telephone calls are recorded. We reserve the right to use them as evidence in the event of a
dispute.
16.2 All auctions are Business to Business transactions and not a retail transaction.
16.3 The contract of sale is between the Vendor and the purchaser, Prime Auction Limited, its staff and
subsidiaries are the brokers to ease the transaction and is not liable whatsoever.
16.4 Online Auctions are not governed by Consumer Protection (Distance Selling) Regulations 2000 or the
Cancellation of Contracts made in a Consumer’s home or place of work Regulations 2008. A buyer can only enact
their right to cancel a sale in the event the goods are deemed to be materially different to the description
offered. The most current legislation is the Consumer Contracts Regulations 2013 which supersede any previous
legislation.
Chargeable Rates
17.1 The following rates are charged in all cases:
- Director Rate £3600 per day or £450 per hour
- Manager Rate £1500 per day or £280 per hour
- Auctioneer Rate £600 per day or £75 per hour
- Marketing Manager Rate £900 per day or £150 per hour
- Accounts and Support Staff Rate £400 per day or £50 per hour
Dispute Resolution, Remedies and Set Off
18.1 In the event that a dispute arises between the Seller and a Buyer, the Seller will deal directly with the
Buyer to find a negotiated settlement. If the Seller and the Buyer are unable to agree a negotiated settlement
between themselves then (at the written request of either the Seller or the Buyer) the Auctioneer may, at its
discretion, endeavour to negotiate a settlement between both parties. If the item has been described incorrectly
or in a manner to mislead, then the Auctioneer will look more favourably on the Buyer. If a resolution cannot be
reached within a reasonable time frame, then the Auctioneer will make a decision that will be binding.
In any case, the buyer will have 10 days from receipt of their item in which to raise a dispute regarding the
good received. The buyer should notify the vendor and auctioneer at the earliest opportunity, but no more than
10 days after receipt, regarding any perceived issues. Complaints or issues raised after this time frame should
be directed to the vendor and the auctioneer cannot accept any liability for issues raised outside of this time
frame.
18.2 The buyer is advised to check any and all goods immediately on receipt or at the point of collection and
raise any issues at the earliest possible point. By signing for delivery of goods the buyer is accepting that
the goods have been received as per the description, and so should ensure they are checked appropriately, or
explicitly sign to say, ‘goods received unchecked’. Goods identified as not matching their description should
not be removed from site by the buyer if collecting and the issues raised with the vendor on collection or by
telephone or email to the auctioneer immediately if a resolution cannot be found.
18.3 In the event that a refund is due from the Seller to a Buyer in relation to any Goods, the Auctioneer will
endeavour to make the refund from the proceeds of the Seller’s sales held on his Auction Account. If the said
Auction Account contains no or insufficient funds, the Seller must make payment of the full amount or the
balance (as the case may be) within 24 hours of the request of such payment by the Auctioneer. [The Auctioneer
will look to reclaim a minimum of 50% of the lost commission for the refund of an item from the Seller. Payment
must be made within 24 hours of the request of payment to the Seller.
18.4 The Auctioneer may deduct the Buyer’s Premium and any other remuneration and/or charges payable to it by
the Seller and/or the Buyer from any sum received by the Auctioneer from the Buyer of any Goods prior to
accounting to the Seller for the balance.
18.5 In the event that the Auctioneer holds any funds in the Seller’s Auction Account to the credit of the
Seller at any time, the Seller agrees, and the Auctioneer is authorised to set off against such credit balance
any undisputed amount owed to it by the Seller under these Conditions in relation to any Lot or Lots, or under
the Auctioneer’s terms and conditions for Buyers in circumstances where the Seller owes money to the Auctioneer
as buyer of any other Goods.
Disputes in Relation to Diamonds, Gemstones and Jewellery
19.1 In relation to disputes involving Diamonds, Gemstones and Jewellery, there is a standard procedure which
will be employed in order to reach a resolution.
Items of this nature called into question will be sent to the Independent AnchorCert Gem Lab at the Assay Office
in Birmingham to be tested for the characteristics called into question.
On receipt of the report from AnchorCert their findings will be treated as final.
If the item tested is found to be as described in auction, the item will be returned to the buyer who shall be
liable for the costs associated with the assessment.
In the event the item is materially different to the description provided in auction then the seller will be
liable to refund the buyer for the full amount paid, the auctioneer for 100% of the buyer’s premium, and the
costs associated with the assessment.
The item will be returned to the seller on receipt of these funds in full. Responsibility for ensuring that the
description is accurate lies entirely with the seller prior to listing.
In all cases the AnchorCert report shall provide the basis for the mediation and the Auctioneers decision is
final taking into consideration some tolerance for minor discrepancies. The overarching principle in determining
any dispute is that all parties are treated fairly and with respect in the circumstances.
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