Last Updated: 26th Sept 2024
This page sets out the terms on which you may use this website www.primeauctions.co.uk (Website).
References to "we", "us", "our" refer to Prime Auction Limited and to "you" and "your" are to you, the Website user.
We are a limited company registered in England and Wales under company number 15658701 and our registered address is at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ. The best way to contact us is by email at [email protected]. Our VAT number is 469182653.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You agree not to interfere with, damage or disrupt any part of our Website, any equipment or network on which our Website is stored; or any software used in the provision of our Website.
You are responsible for making all arrangements for you to have access to our Website.
If we determine that a breach of these terms has occurred, we may take such action as we deem appropriate, including immediate, temporary or permanent withdrawal of your right to use our Website; further legal action against you; and/or disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
By using our Website, you are agreeing to these terms of use. If you do not agree to these terms, please do not use our Website. If you purchase goods or services from or using our Website, our Terms and Conditions of Sale provided during your registration to the auction will apply to those goods or services.
You may use our Website only for lawful purposes. You may not use our Website:
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party or allow any third party to use your account.
We have the right to disable any user identification code or password, whether chosen by you or allocate by us, at any time, if in our reasonable opinion you have failed to comply with any provision of these terms.
When creating an account on our online services you may not impersonate individuals, groups, or organisations in a manner that is intended to or does mislead, confuse, or deceive us.
You can only register once for an account. If you are found to have registered more than once, we reserve the right to delete your account(s) without notice.
You are responsible for all activity that occurs under your account, including any activity by unauthorised users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using our services. If you become aware of an unauthorised access to your account, you must change your password and notify us immediately.
We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the services that violates our Terms. If you have reason to believe that your account is no longer secure, you must immediately notify us.
We own (or license) all intellectual property rights in our Website and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You are permitted to print off copies and download extracts from our Website for your own personal use provided that you do not modify copies in any way. You may draw the attention of others to material posted on our Website. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Any use of extracts from the Website other than in accordance with this clause for any purpose is prohibited.
If you upload any copyright protected material (including photographs) to our Website, it is your responsibility to obtain the permission of the copyright owner.
The main purpose of our Website is to provide advertising services and share commentary on products from time to time and we usually update our Website on a daily basis. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update that material. We do not guarantee that our Website will be available 24/7, or that any content on it will be free from errors or omissions.
We reserve the right to withdraw or amend our Website or parts of it without notice.
Suggestions, information, opinions and advice contained on our Website are provided without any guarantees, conditions or warranties as to its accuracy and for general information only. It is not intended to amount to advice on which you should rely. Any views submitted by our Website users do not necessary reflect our views and opinions.
Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence (or that of our employees, agents or directors); or fraud or fraudulent misrepresentation; or any liability which may not be limited or excluded by law.
To the extent permitted by law, we expressly exclude:
If you are a business user, please note that in particular, we will not be liable for:
If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
You are invited to submit questions on a lot and contributions to our content. If you contribute content to our Website, you agree to grant us a non-exclusive, royalty-free license to publish and use all your material in any way at any time on our Website and for marketing purposes. You shall remain the owner of the copyright in any submitted material. You also agree to indemnify us from any and all claims and liabilities (including legal fees) which arise from your contribution to our Website.
We may, but are not obliged to, publish any questions you submit to us and our response to such questions. Any responses made by us to any questions are made in good faith based on our knowledge at the time of answering such questions.
Any content you upload or submit to our Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, amend, adapt, distribute and disclose to third parties any such content for any purpose. We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded to our Website constitutes a violation of their intellectual property, or of their right to privacy.
Contributions must not:
You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in a way which suggests any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice.
Where our Website contains links to other sites and online resources provided by third parties, these links are provided for your information and interest only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of third party websites and resources is at your own risk.
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Website although we retain the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country.
These Terms 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.
We may revise these terms of use at any time by amending this page. You should check this page from time to time to take notice of any changes we made, as they are binding on you. Your continued use of our Website will be your acknowledgment of your agreement to the revised terms of use.
1.1. When used in these conditions, the following terms highlighted in bold shall have the following meanings:
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.
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:
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:
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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