Version number: 1.001
Effective date: 1st July 2020
1.1 We are Isaac Auctioneers & Valuers Limited. Our company information is at the end of this document.
2. Some definitions
2.1 Here are some definitions which are used in this document (all capitalised):
a) “Buyer” – someone who bids in an auction on our Service or who otherwise uses our Service but is not a Seller.
b) “Consumer” – an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.
c) “Hammer Price” – the highest bid placed at the time when the auction is closed.
d) “Sale Price” – the total price payable by the Buyer including the Hammer Price, buyer’s premium and any applicable VAT.
e) “Seller” – someone who uses our Service to sell an item or with a view to doing so.
f) “Service” – our online auction service and any related software and services.
A: TERMS APPLYING TO SELLERS
3. Accepting your item into auction
3.1 We reserve the right to decide whether to accept your item into auction. If we do accept it, this is subject to your signing our applicable Consignment Form including agreement to these terms and conditions.
4.1 You warrant to us and the Buyer that:
a) your item is safe (if used for the purpose for which it is intended) and free from any defect which might cause personal injury or death;
b) your item complies with all applicable laws and regulations relating to safety; and
c) in the case of electrical appliances, that the item has passed a portable appliance test by an appropriately qualified electrician within the last 12 months and that you will promptly provide proof thereof on request.
5. Collecting your item
5.1 If we agree to collect the item, it is your responsibility to package it appropriately. We are entitled to require that you pay our collection fee before we collect the item. We are entitled to charge a reasonable additional fee if the item is not available for collection at the agreed time.
6. Sending us your item
6.1 You must only send us your item if we have specifically told you that we will accept it into auction. You must include a correctly completed and signed Consignment Form with the item. You take the risk of loss or damage of your item in transit to us and it is your responsibility to package it appropriately and to take out appropriate insurance.
6.2 If you send us an item:
a) that we haven’t accepted into auction: or
b) without a correctly completed and signed Consignment Form and we do not receive the signed form within 14 days of request,
we are entitled in our discretion (i) to take ownership of the item and deal with it as we wish (including to destroy it or sell it for our own benefit) if within 30 days of request you haven’t either collected the item or paid us in advance the costs of packaging and delivering the item to you (in which case we will deliver it to you within a reasonable period), or (ii) to go ahead and place the item in auction subject to these terms and conditions.
7. Risk of loss and damage
7.1 We are not responsible for any loss or damage to your item unless caused by our direct negligence and, if so, subject to the other terms of this agreement.
7.2 Provided you have paid the applicable loss and damage warranty charge, once the item is collected or received by us it is covered by insurance against risk of fire, burglary, water damage and accidental damage except to glass or damage caused by woodworm or change in atmospheric conditions. If so, the insured value is the Hammer Price or, if unsold, the amount of the reserve or, if none, the amount that we estimate to be the auction value of the items.
7.3 The item may be insured in transit but we cannot guarantee this as, for example, the insurance will not cover certain kinds of items such as glass, ceramics or items more than 100 years old.
7.4 Except insofar as stated otherwise above, you remain on risk if there is any loss or damage to the item until risk passes to the Buyer as explained in section B below.
8. Your warranties
8.1 You warrant to us and the Buyer that:
a) you own the item or are properly authorised by the owner to sell it (and if you are authorised you must identify the owner and provide proof of your authority if requested);
b) you have no reason to believe that the item may not be authentic except insofar as you have notified us in writing before the start of the auction;
c) you are able to transfer good and marketable title to the Buyer without any charges, liens or other third party claims;
d) you have paid or will pay any taxes or duties arising on the sale that are the liability of the Seller;
e) you have supplied us with all relevant information and documents that you possess or control relating to the ownership, authenticity, provenance and condition of the item; and
f) all information that you supply us in relation to the item is accurate and complete to the best of your knowledge.
9. Photos etc of your item
9.1 You authorise us to take photos or make videos or other representations of your item. You acknowledge that we own all intellectual property rights in such representations and are entitled to use them as wish including to promote the item in the auction or to promote our business generally.
10. Entering your item into auction
10.1 Provided you have given us all the information we require and subject to these terms and conditions, we shall enter your item into auction.
10.2 It is your responsibility to promptly check that any description of your item in the catalogue or elsewhere is accurate and to promptly notify us in writing if not.
10.3 Your item will not be subject to any reserve price unless one is specified in the Consignment Form or we otherwise agree in writing to apply a reserve.
11. Removing an item from auction
11.1 We are entitled to remove any item from auction at any time even if we have already accepted the item if:
a) we have reason to believe that our terms and conditions have been breached;
b) we have reason to doubt the authenticity of the item;
c) any payments due by you are unpaid;
d) we think that it is necessary to protect us or others; or
e) we are required to do so by law or appropriate authority.
In such case, we are entitled to deal with the item as we think fit.
12. Paying you the sale proceeds
12.1 Subject to any applicable deductions (see below) and to your compliance with this agreement, we will pay you the Hammer Price within 28 days of the end of the auction provided we have received the full amount of the Sale Price in cleared funds from the Buyer by then. If we receive the Sale Price more than 21 days after the end of the auction, we will make payment within 14 days of receipt. You are not entitled to any interest. We are entitled to make payment by bank transfer or whatever other method we consider appropriate.
12.2 We are entitled to deduct from the Hammer Price payable to you the amount of any chargeback or of any refund paid to a Buyer exercising “cooling off” rights (see below) or any other refund that we consider it is appropriate to make for any other reason and to require you to repay such sums to us if we have already paid you the sale proceeds. If we do not require such repayment, then ownership of the item passes to us.
12.3 You are responsible for making up any shortfall arising from charges made by your bank.
12.4 You are responsible for checking that any invoices provided by us are suitable for your purposes and for accounting for VAT or any other applicable tax. We do not offer tax-related advice.
13. Our fees
13.1 We are entitled to deduct from the Hammer Price received from the Buyer: our fees (including commission which is applied to the Hammer Price, and loss and damage warranty charges) together with any applicable VAT and any other sums that you owe us.
13.2 You acknowledge that we are also entitled to charge a separate fee known as the “buyer’s premium” to the Buyer as well as storage or other fees if applicable.
14. Non-payment by the Buyer
14.1 If the Buyer does not pay us the full amount due within 28 days after the end of the auction or the payment is charged back, we are entitled in our discretion to rescind the sale and/or to extend the time for payment by whatever period we think is reasonable and/or liaise with you regarding recovery action against the Buyer (but we are not obliged to take any recovery steps unless we specifically agree to do so in writing).
15. Withdrawn or unsold items
15.1 If any item is sold by private treaty before or after the auction, the sale remains subject to these terms and conditions except to the extent that they are inapplicable or insofar as agreed otherwise in writing
15.2 If you withdraw any item from auction (which you are entitled to do by giving us written notice before the auction starts) or if any item is unsold (including if we rescind the sale due to Buyer non-payment or if the Buyer exercises “cooling off” cancellation rights) and you do not tell us by the deadline we specify that you want to re-list it in the next auction, we are entitled to take ownership of the item and deal with it as we wish (including to destroy it or sell it for our own benefit) if within 30 days of request you haven’t either
a) collected the item; or
b) paid us in advance the costs of packaging and delivering the item to you (in which case we will deliver it to you within a reasonable period).
16. Cooling off
16.1 If you are not a Consumer, you must comply with the Buyer’s right to cancel set out in section B below (“Cooling Off”). If the Buyer exercises their right to cancel, we are entitled to account to the Buyer on your behalf for any refund due.
B: TERMS APPLYING TO BUYERS
17. Using our Service
17.1 By registering on or using our Service, you enter into a contract with us to use our Service subject to these terms and conditions.
17.2 To use our Service, you must be at least 18 years of age.
17.3 You undertake to:
a) comply with all applicable laws and regulations relating to our Service;
b) comply with any rules or requirements on our Service;
c) promptly comply with any reasonable request or instruction by us in connection with the Service; and
d) ensure that any contact or other information which you supply to us is accurate and not misleading and you will tell us if there are any important changes.
18. Descriptions of items etc
18.1 If we make any statement describing an item in a condition report or otherwise, we will take reasonable care in doing so. However, you acknowledge that we are simply expressing an opinion and you rely on such statements at your own risk. You acknowledge that there may be other defects in addition to any stated. Neither we nor the Seller give any, warranty, promise or guarantee or make any representation of fact whatsoever as to the origin, quality, state of repair, condition, age, maker, attribution, authenticity, history and/or value of an item. It is your responsibility to make your own independent enquiries, including taking expert advice where appropriate, before bidding for any item.
18.2 You acknowledge that any photos, videos or other representations of an item are for guidance only and you rely on them at your own risk.
18.3 Any price estimate that we give is an estimate only and not a promise that a particular price will be achieved.
18.4 All items are sold “as is” and so we are not responsible for any defects.
18.5 All items are available for prior inspection at our premises on giving us reasonable written notice.
19. Conduct of the auction
19.1 We are entitled to apply a minimum starting bid and minimum bid increments in our discretion.
19.2 We are entitled to bring forward or extend the closing time of any auction, for example for technical reasons.
19.3 We are entitled to cancel an auction at any time if we are entitled to remove an item from auction under section A above or if we think that a technical error may have caused the auction to function incorrectly including by giving a false outcome. We are entitled take whatever further or remedial action we think appropriate including relisting the item in another auction.
20. Winning the auction
20.1 You win the auction if you have made the highest bid at the closing time provided that it exceeds any reserve price and complies with our terms and conditions.
20.2 If you win the auction, you enter into a contract to buy the item from the Seller. We are not a party to that contract.
20.3 If you win the auction, you must:
a) within seven days of request, supply us with your invoice address, delivery address and other information requested; and
b) pay our invoice for the Sale Price within seven days of us sending it to you by email (or any alternative period stated on the invoice) via whatever payment methods we specify.
You acknowledge that, in addition to the Hammer Price, the Sale Price will include a “buyer’s premium” by the Buyer payable to us (i.e. as part of our fee) in addition to the Hammer Price and may include VAT also.
21. Title (i.e. ownership)
21.1 Title in the item passes to you only once you have paid the full Sale Price in cleared funds.
22. Risk of loss and damage
22.1 Unless otherwise required by law, risk of loss or damage passes to you at the moment that you win the auction.
22.2 We are not responsible for any loss or damage to the item unless caused by our direct negligence and, if so, subject to the other terms of this agreement.
22.3 The item may be insured in transit to you but we cannot guarantee this as, for example, the insurance will not cover certain kinds of items such as glass, ceramics or items more than 100 years old.
23. Delivery / collection of the item
23.1 Subject to us having received payment of the full Sale Price in cleared funds and to the sale not having been rescinded, you have the option to either collect the item from us at a date or time to be agreed or to ask us to deliver the item to you subject to your payment of packaging and delivery charges in advance. If (a) within 14 days of the end of the auction, you haven’t agreed a collection date and time with us or, if applicable, paid our packaging and delivery charges or (b) you don’t collect the item at the agreed date and time, you must pay our storage charges at £5 per day (or any alternative amount stated on our site by the start of the auction) until you comply and we are entitled not to release the item to you until these storage fees are paid in full. If you incur such storage charges for at least 30 days, we are entitled to take ownership of the item and deal with it as we wish (including to destroy it or sell it for our own benefit).
23.2 In the case of delivery, you must pay any customs or import duties that may be applied to your order by the relevant authorities.
23.3 If you receive notification of an unsuccessful attempted delivery, it is your responsibility to use the details provided to immediately contact the courier to arrange re-delivery. If it has not been possible to deliver the item to you following two delivery attempts, we are entitled to take ownership of the item and deal with it as we wish (including to destroy it or sell it for our own benefit).
24. If you don’t pay
24.1 If you do not pay us the full amount due within 28 days after the end of the auction, we are entitled in our discretion:
a) to rescind the sale of this item to you;
b) to rescind the sale of any other items to you via our Service;
c) charge interest (both before and after judgment) on the amount unpaid at the rate for the time being that would be applicable if the debt were a qualifying debt under the Late Payment of Commercial Debts (Interest) Act 1998; and
d) to ban you from our Service;
e) exercise a lien on any of your property which may be in our possession, and if the overdue amount remains unpaid 14 days after the date of our notice to you informing you that payment is overdue, we shall be entitled to sell such property and apply the proceeds towards discharge (or partial discharge) of the overdue amount;
25. Consumer right to cancel (“cooling off”)
25.1 If you are a Consumer living in the “European Economic Area” and the Seller is not a Consumer, you may have the right to cancel the contract to buy the item from the Seller subject to the instructions set out at the end of this document.
26. Ending or suspending this contract
26.1 We are entitled at any time (with or without notice) to end this contract or suspend part or all of our Service or impose restrictions on our Service including during any auction in which you have placed a bid if:
a) we have reason to believe that you have breached our terms and conditions;
b) any payments due by you are unpaid;
c) we think that it is necessary to protect us or others; or
d) we are required to do so by law or appropriate authority.
26.2 If we end this contract:
a) Your right to use our Service is terminated.
b) Existing rights and liabilities are unaffected.
c) All clauses in this contract which are stated or intended to continue after termination will continue to apply.
d) You must not attempt to re-register for or continue to use our Service if we have given you notice of termination.
C: TERMS APPLYING TO BUYERS AND SELLERS
27. Our role
27.1 We act as agent for the Seller. We are not responsible for any defaults by Sellers or Buyers.
28. Functioning of our Service
28.1 We do not guarantee that the Service will be uninterrupted or error-free. We are entitled, without notice and without liability (a) to suspend the Service for repair, maintenance, improvement or other technical reason and (b) to make changes to the Service.
28.2 You acknowledge that technology is not always secure and you accept the risks inherent in use of the Internet or other technology for the purpose of the Service.
29. Liability – restrictions on our legal responsibility (IMPORTANT)
29.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.
29.2 Very important: If you are a Consumer, we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
a) there is no breach of a legal duty owed to you by us or by any of our employees or agents;
b) such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
c) such loss or damage is caused by you, for example by not complying with this agreement; or
d) such loss or damage relates to a business of yours.
29.3 Very important: If you are a Consumer, you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our Service or, if you are a Seller, relating to your item (subject of course to our obligation to mitigate any losses).
29.4 The following clauses apply only if you are not a Consumer:
a) Our total liability of any kind (including our own negligence) in connection with any item is limited to the Hammer Price for that item or, if unsold, any reserve price set for the item or, if none, any estimated price listed by us for the item.
b) In no event (including our own negligence) will we be liable for any:
• economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
• loss of goodwill or reputation;
• special, indirect or consequential losses; or
• damage to or loss of data
(even if we have been advised of the possibility of such losses).
c) You will indemnify us against all claims and liabilities directly or indirectly relating to your use of the Service or breach of this agreement or, if you are a Seller, relating to your item.
d) To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
e) This agreement constitutes the entire agreement between us with respect to its subject matter and supersedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
31. Events outside our control
31.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures and epidemics.
32.1 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
33. English law
33.1 This contract is under English law and any disputes will be decided only by the courts of the United Kingdom. If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a consumer to rely on such mandatory provisions of local law. You may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. This service can be found at http://ec.europa.eu/consumers/odr/. Our email address is at the end of this document.
34.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated above). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as expressly stated otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement constitutes any party as agent, employee or representative of the other.
35.1 If you have any complaints, please contact us via the contact details shown below.
36. Company information
36.1 Company name: Isaac Auctioneers & Valuers Limited
36.2 Country of incorporation: England and Wales.
36.3 Registered number: 12592914
36.4 Registered office: Kemp House, 160 City Road, London, United Kingdom, EC1V 2NX
36.5 Trading address: Unit 16, Battlesbridge Antiques Centre, Maltings Road, Battlesbridge, Essex SS11 7RE
36.6 Contact email address: email@example.com
36.7 Other contact information: See our website.
36.8 VAT number: GB 350 0543 42
RIGHT TO CANCEL (“COOLING OFF”)
The following applies if you (the Buyer) are a Consumer and have the legal right to cancel your contract with the Seller (who is not a Consumer), as explained above:
Right to cancel
1. You have the right to cancel the contract within 14 days without giving any reason.
2. The cancellation period will expire after 14 days from the day:
a) on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods;
b) in the case of multiple goods ordered by you in one order and delivered separately: on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good; or
c) in the case of a contract relating to delivery of a good consisting of multiple lots or pieces: on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece.
3. To exercise the right to cancel, you must inform us, Isaac Auctioneers & Valuers Limited, Unit 16, Battlesbridge Antiques Centre, Maltings Road, Battlesbridge, Essex SS11 7RE, email address above, on behalf of the Seller, of your decision to cancel the contract by a clear statement (e.g. a letter sent by post or e-mail). You may use the model cancellation form below but it is not obligatory.
4. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
5. If you cancel the contract, the Seller will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
6. The Seller may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
7. The Seller will make the reimbursement without undue delay, and not later than:
a) 14 days after the day we receive back from you any goods supplied, or
b) (if earlier) 14 days after the day you provide evidence that you have returned the goods.
8. The Seller will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. The Seller may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
9. You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
10. You will bear the direct cost of returning the goods.
11. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
MODEL CANCELLATION FORM
Complete and return this form only if you wish to cancel the contract:
— To Isaac Auctioneers & Valuers Limited, Unit 16, Battlesbridge Antiques Centre, Maltings Road, Battlesbridge, Essex SS11 7RE, email address above, on behalf of the Seller, email address above:
— I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/ for the supply of the following service [*],
— Ordered on [*]/received on [*],
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate