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TERMS & CONDITIONS

 

Please consult our FAQs for simplified explanations in plain language. Our FAQs provide an overview of the terms and conditions (available below) applicable to both sellers and buyers in easily understandable terms. These FAQs equip you with the necessary information to confidently participate in bidding and navigate our online auctions. We recommend familiarising yourself with these terms, even if you're experienced in online auctions, as they are regularly updated and may differ from other platforms you've used. For a more comprehensive understanding, please refer to the complete terms provided below.

 

1.   Definitions and Explanation

2.   Contractual Arrangement

3.   Details of Listings

4.   Seller's Auction Account

5.   Seller Warranties and Indemnity

6.   Auctioneer's Discretion

7.   Charges - Bulk Listings only

8.   Conduct of the Auction

9.   Withdrawal/Cancellation of Lots

10.                 Extension of the Auction

11.                 After the Auction

12.                 Storage of Goods

13.                 Buyer's Failure to Pay

14.                 Limitation of Liability

15.                 Dispute Resolution, Remedies and Set Off

16.                 Data Protection

17.                 General

18.                 Procedures Regarding VAT Refunds following Export of Goods

 

1. Definitions and Explanation

 

In these terms, the following highlighted terms shall hold these meanings:

Auction: An online sale event via the website for goods and items by the auctioneer on behalf of third parties (not the seller).

‍Auctioneer: Auction247 LTD, a registered English company, including related employees and agents.

‍Bid: An offer to buy a lot submitted on the website.

‍Bidder: A person placing a bid.

‍Business Day: Any non-weekend day when banks operate in England.

‍ Buyer: The successful bidder.

‍Buyer's Premium: Extra payment by the buyer to the auctioneer alongside the sale price.

‍ Conditions: These rules for sellers.

‍ Regulations: Consumer contracts (information, cancellation, and charges) rules of 2013.

‍ Goods: Items submitted for auction.

‍ Group: The company, its subsidiaries, and holding companies.

‍ Listing Particulars: Details about items for sale, including images.

‍Lot: Items available for bidding.

‍ Reserve Value: Minimum price to sell goods.

‍Sale Price: Winning bid amount.

Seller: Person listing goods for sale.

‍ Shill Bidding: Fake bids to inflate prices.

‍ Sniping: Bidding just before an auction ends.

‍ Special Conditions: Specific terms for an auction.

‍Successful Bid: Winning offer.

‍VAT: Value Added Tax in the UK.

‍ Website: The auctioneer's website at www.williamgeorge.com or others at the auctioneer's discretion.

A.  If these conditions conflict with special conditions, the latter prevail.

B.  In these Conditions:

C.  'Person' includes individuals, companies, and entities.

D.  Gender references encompass all genders.

E.   Singular includes plural and vice versa.

F.   Words after 'include' are illustrative, not restrictive.

 

2. Contractual Arrangement

 

According to these terms, the seller designates the auctioneer as their agent to sell goods through an auction. The sale agreement for auctioned goods is formed between the seller and the buyer at the auction's end. The auctioneer bears no responsibility for any breach by either party concerning goods' sale or other matters.

 

3. Details of Listings

 

A.  At least 10 business days prior to an auction's commencement, the seller must furnish the auctioneer with listing particulars (in a format provided or previously endorsed by the auctioneer) for goods intended for inclusion in the auction. These listing particulars must minimally encompass:

 

B.  A precise and accurate description of the goods, avoiding generic phrasing.

 

C.  At least one clear and faithful photograph that truly represents the goods. While stock images are permissible, actual item photos are recommended, with stock images accompanied by the item's actual photo.

 

D.  Indication of whether the goods are for dispatch or collection only. If dispatch is applicable, the particulars should outline postage/courier details and charges, including any additional costs.

 

E.   The seller bears the responsibility of ensuring the accuracy of the listing particulars, eliminating any errors. The auctioneer cannot be held accountable for the unintentional inclusion of incorrect goods in an auction or for errors resulting from the seller's mistake or negligence, leading to incorrect sale prices.

 

F.   The seller must provide the business name or individual's name if selling items.

 

G.  If applicable, the seller should indicate VAT registration status and provide an up-to-date VAT number.

 

H.  The auctioneer must be informed of the location of the items. If the items are situated away from the seller's primary address, written notification of their location should be provided to the auctioneer.

 

I.     If, in the auctioneer's discretion, deliberate misrepresentation of goods or omission of critical details altering the goods' value or utility is suspected, the auctioneer retains the right to:

 

J.   Refuse inclusion of a Lot that hasn't yet been part of an auction.

 

K.  Remove goods from an ongoing auction that has yet to receive bids.

 

L.   Declare the sale of a Lot void if it's part of an ongoing auction with bids or was sold at a concluded auction, yet payment hasn't been received. In the event of a void declaration and should the buyer not intend to acquire the misrepresented goods, the seller becomes liable to the auctioneer for the loss of the relevant buyer's premium, calculated based on either the highest Bid at the void declaration's time and the reserve value, or the concluded sale's price (if applicable). Additionally, the seller may be liable to the buyer for incurred damages or costs, if relevant.

 

4. Seller's Auction Account

 

A.  Upon request and submission of necessary documentation, the auctioneer will create an auction account for the seller.

B.  Uninterrupted account access isn't guaranteed; the seller acknowledges possible disruptions.

 

5. Seller Warranties and Indemnity

 

A.  Seller assures the auctioneer and buyer that:

B.   They have legal title or authorized written permission to sell the goods.

C.  They can sell the goods.

D.  Goods will be sold at the bid's conclusion.

E.   All provided information is true, accurate, and not misleading.

F.   Mechanical/electronic goods are functional unless stated otherwise.

G.  Relevant import laws and taxes are met for UK imports.

H.   Online sale regulations are followed.

I.     If the seller acts for the legal owner, they ensure authority for actions and warranties.

J.   Seller indemnifies the auctioneer for any liability arising from the goods or provided information.

 

6. Auctioneer's Discretion

 

A.  The auctioneer has discretion over auction timing, commencement, and duration. Efforts will be made to accommodate seller requests, but they aren't guaranteed. The auctioneer strives to sell with care but doesn't guarantee sales.

B.  The auctioneer may assess new sellers' creditworthiness and charge fees until a certain standard is met.

C.  In case of recurrent issues with a seller, the auctioneer may impose charges or refuse to accept goods.

 

7. Charges - Bulk Listings only

 

A.  For combining items in collective auctions, no charges apply, with a cap of 15 items per collective auction. However, if a vendor lists more than 15 items in a single auction, a fee will be applicable.

 

Auction Fees

B.  Listing Fee: The fee for bulk listings varies based on chosen time slots. Vendors pick private auction slots from available options. Auction fees are payable by vendors before an auction begins.

C.  Commission Charge: Upon prior agreement, sellers pay a commission charge [between 1% to 15% of sale price] to the auctioneer. This payment is due within 5 business days after the relevant auction's end. The auctioneer may deduct this commission from seller-held funds.

D.  Refund Fee: If a buyer requests a refund, the seller pays a refund fee [minimum 50% of commission charge at Condition 7.1.2], plus costs and damages. This must be paid within 5 business days of the auctioneer's notice. The total refund fee, including costs and damages, won't exceed the payable commission charge if the buyer hadn't rejected the goods.

E.   Pallet Charges: A £5.00 charge per pallet for loading/unloading goods applies. Weekly storage incurs an additional £4.00 per pallet charge. All pallet charges are subject to VAT and are deducted from sale proceeds.

F.   Staff Charges: The auctioneer may charge for photography, lotting, sales management, invoice preparation, and collection of goods. Daily rates (subject to VAT) are: Director - £250, Sales Manager - £200, Auction Assistant - £150.

G.  Travel and Subsistence: The auctioneer reserves the right to claim expenses from sellers, including £1 per mile, hotel costs, and a £60 daily subsistence allowance.

 

8. Conduct of the Auction

 

A.  Goods are placed in the auction with the reserve value stated in listing particulars. If no reserve is specified, goods are auctioned without reserve, unless the seller notifies the auctioneer otherwise in writing 48 hours before the auction starts.

B.  The auctioneer can list items previously consigned until a) sold at or above latest reserve price or b) seller withdraws consent for listing/marketing. Requests to change auction dates or durations are considered but not guaranteed.

C.  Sellers must provide access for viewing and inspection of goods for at least 48 hours during the auction. If the auctioneer holds the goods, they'll make them available if possible.

D.  Auctioneers can bid on behalf of those with written authorization.

E.   Auctioneers can regulate bidding and reject undesirable bids.

F.   Auctioneers can settle disputes using discretion.

G.  Shill bidding is strictly prohibited. If detected, lots may be removed, and claims for damages or costs can be made against the seller.

H.  Bidders can query lots, with questions directed to the auctioneer. Seller responds, and the auctioneer conveys answers to bidders.

 

9. Withdrawal/Cancellation of Lots

 

A.  Upon the Seller's request, the Seller will inform the Auctioneer if a lot is being offered for sale through channels other than the auction. The Seller will make reasonable efforts to refrain from requesting lot withdrawal once the auction has commenced. If the Seller needs to withdraw a lot due to independent sales or other reasons, they should promptly notify the Auctioneer in writing.

 

B.  If at least 48 hours remain until the auction concludes, the Auctioneer will cancel the auction for that lot.

 

C.  If fewer than 48 hours remain until the auction concludes:

 

D.  If no bids have been received and no reserve value was indicated, the Seller will cover reasonable costs.

 

E.   If bids have been received and no reserve value was indicated, an amount equivalent to the Buyer's Premium, calculated based on the highest bid at cancellation, will be paid by the Seller.

 

F.   If bids have been received but the reserve value has not been met, an amount equivalent to the Buyer's Premium based on the reserve value will be paid by the Seller.

 

G.  If bids have been received and the reserve value has been met, an amount equivalent to the Buyer's Premium based on the highest bid at cancellation, along with reasonable costs, will be paid by the Seller.

 

H.  If the auction has concluded, the Seller will pay an amount equivalent to the Buyer's Premium on the Sale Price, along with reasonable costs incurred by the Auctioneer. The Seller acknowledges that such cancellations of lots with bids or those that concluded successfully may result in claims for damages or costs from Bidders and/or Buyers. The Auctioneer bears no liability in such cases.

 

I.     Relisting: When instructed to auction an item, the Auctioneer will continue to list the item at the most recently communicated reserve price from the Vendor until the item is sold by the Auctioneer or the Vendor explicitly withdraws consent for the item's marketing by the Auctioneer.

 

J.   The Auctioneer reserves the right to withdraw, cancel, or remove a Lot from the auction:

 

K.  For any other legitimate reason serving the Auctioneer's commercial interests. The Auctioneer holds no liability to the Seller, Bidder, or Buyer if a Lot is withdrawn, cancelled, or removed in line with this Condition.

 

L.   The Seller must promptly inform the Auctioneer if a consigned item becomes unavailable for sale. If this notification comes after a bid meeting or exceeding the reserve price, the Seller is liable to pay 50% of the Buyer's Premium plus 20% VAT. The Seller is responsible for monitoring the bidding status of consignments through their account or by contacting the Auctioneer before making any actions leading to unavailability. Failure to do so will result in the mentioned charge being applied to the Seller's account.

 

10. Extension of the Auction

 

A.  To discourage sniping, if a bid is submitted within 10 minutes of auction closure, the auctioneer reserves the right to extend bidding time by successive 10-minute periods until a clear 10-minute period before closure is reached.

 

11. After the Auction

 

A.  Following the conclusion of the Auction, the Buyer will be obliged to remit the Sale Price along with the Buyer's Premium to the Auctioneer. The Auctioneer will expediently notify the Seller of the fund receipt.

 

B.  In the aftermath of the Auction, the Seller will either communicate with the Buyer to organise Goods collection or dispatch the Goods within 24 hours after receiving confirmation of fund receipt from the Auctioneer.

 

C.  In cases where Goods are held by the Seller, the Seller will notify the Auctioneer via email or their Auction Account regarding collection or dispatch status. Sale proceeds won't be transferred to the Seller until such confirmation is received. The Auctioneer retains the right to communicate with the Buyer to confirm Goods collection, receipt, and service satisfaction.

 

D.  For Goods held by the Auctioneer, collection will be coordinated with the Buyer from the Auctioneer's premises. This collection must not take place sooner than 24 hours after confirming receipt of funds by the Seller, provided Goods haven't been withdrawn according to Condition 9.

 

E.   Conditional upon confirmation of collection or dispatch per Condition 11.2 and the Auctioneer's rights to offset sums due to the Auctioneer and/or the Buyer in line with Conditions 15.2, 15.3, and 15.4, as well as Condition 11.4, the Auctioneer will account for the Sale Price to the Seller within 14 Business Days post-Goods receipt by the Buyer. In scenarios involving multiple Lots by the Seller in the same Auction or a Bulk Listing, payments will be consolidated and paid to the Seller within 14 days from receiving the last item in the transaction.

 

F.   In instances where the Buyer notifies the Auctioneer of their intention to seek a refund of the Sale Price due to a breach of the Seller's warranties as outlined in Condition 5.1 or other grounds, the Auctioneer may withhold the Sale Price, pending resolution in accordance with Condition 15.

 

G.  Should the Buyer fail to remit the Sale Price and Buyer's Premium within 20 Business Days post-Auction conclusion, the Auctioneer will deem the sale void and strive to relist the concerned Lot in the subsequent appropriate Auction. The Seller acknowledges that a standard 60-day interval between Auctions is customary for relisting.

 

H.  In scenarios where the Buyer pays for Goods but doesn't retrieve them (and the Goods aren't slated for dispatch), the Auctioneer reserves the right to cover the cost from the Buyer's funds, moving the Goods to the Auctioneer's premises for later collection or disposal.

 

I.     Failure by the Buyer to provide their own or a third-party's name or address, for whom the Buyer is bidding, empowers the Auctioneer, as authorized by the Seller, to re-auction the Goods at any juncture.

 

J.   Full payment remittance to the vendor transpires 14 days after the buyer receives the goods. If the vendor acknowledges receipt of payment through email notification from the auctioneer, and yet refuses to release the goods to the buyer or their designated courier presenting an auctioneer's collection note, the auctioneer isn't accountable for incurred transport or related costs. Under these circumstances, the seller should release goods to the buyer upon proper identification, assuming any costs for unsuccessful collections. The auctioneer can verify payment status by phone, advising sellers to organise collections between 09:00-16:30 on weekdays. Additionally, the auctioneer isn't liable if the vendor mistakenly releases goods to a third party without awareness of payment receipt by the auctioneer or having duly verified the buyer or collecting agent's identity and credibility.

 

12. Storage of Goods

 

A.  Sellers can store unsold Goods at Auctioneer's premises with consent, at £20/week per item (+VAT), or £50/week for certain high-value items.

B.  If Goods remain at Auctioneer's premises for over 10 Business Days after auction end or Auctioneer's removal request, an extra storage fee (£20/day per item +VAT) applies. Auctioneers may sell unsold Goods to cover costs.

C.  Auctioneer isn't liable for Goods' loss/damage during storage. Seller must insure Goods until risk/title passes to Buyer.

 

13. Buyer's Failure to Pay

 

A.  Auctioneers can claim against Buyer for unpaid Buyer's Premium, storage charges, and related costs. Auctioneer won't claim on behalf of Seller for Sale Price or other costs.

B.  Seller must notify Auctioneer of legal proceedings against a non-paying Buyer and share progress.

 

14. Limitation of Liability

 

Auctioneer's liability to Seller is either:

 

A.  [25%] of Sale Price, minus Buyer's Premium, or the higher of Reserve Value/highest Bid for unsold Lot, minus Buyer's Premium, up to £1,000 for specific claims per Lot.

B.  Auction is automated; Auctioneer isn't liable for damages due to events beyond control.

 

15. Dispute Resolution, Remedies and Set Off

 

A.  Should a dispute arise between the Seller and a Buyer, the Seller initially engages with the Buyer to find a mutually agreed resolution. If no consensus is reached, either party can request the Auctioneer's involvement in mediating a solution at its discretion. In cases where an item has been inaccurately described or misleadingly presented, the Auctioneer tends to favour the Buyer. If resolution efforts prove futile within a reasonable timeframe, the Auctioneer's decision becomes binding.

 

B.  Buyers have a 10-day window from receiving an item to raise any disputes concerning its condition. It is recommended that any perceived issues are promptly communicated to the vendor and auctioneer within this timeframe. Complaints beyond this period should be directed to the vendor, as the auctioneer cannot be held responsible for issues raised after the 10-day period.

 

C.  Buyers are advised to thoroughly inspect items upon receipt or collection and promptly report any issues. Acknowledging receipt of goods means acceptance of their conformity to the description. If discrepancies are noticed, the Buyer should either refrain from moving the goods (if collecting) or immediately communicate the issue to the vendor and auctioneer.

 

D.  When a refund is due from the Seller to a Buyer for Goods, the Auctioneer aims to facilitate the refund using the proceeds from the Seller's sales in their Auction Account. In case the account lacks funds, the Seller must settle the balance within 24 hours of the Auctioneer's payment request. The Auctioneer may seek to recoup a minimum of 50% of lost commission from the Seller for refunded items. Payment is expected within 24 hours of the request.

 

E.   The Auctioneer has the right to deduct the Buyer's Premium, as well as any other relevant charges, from the sum received from the Buyer before settling the balance owed to the Seller.

 

F.   If the Auctioneer holds funds in the Seller's Auction Account, it is authorized to offset any undisputed amounts owed to it by the Seller under these Conditions, related to any Lots or under the Auctioneer's Buyer terms and conditions.

 

G.  Disputes Regarding Diamonds, Gemstones, and Jewelry

 

H.  Disputes involving Diamonds, Gemstones, and Jewelry follow a standard procedure for resolution. Items under question are sent to the Independent AnchorCert Gem Lab at the Assay Office in Birmingham for evaluation. AnchorCert's findings are considered final. If the item aligns with the auction description, the Buyer is responsible for assessment costs. If there's a material discrepancy, the Seller is liable to refund the Buyer, cover the buyer's premium, and assessment costs. The item returns to the seller upon receiving these funds. The Seller bears responsibility for accurate descriptions before listing. The AnchorCert report forms the basis for mediation, with the Auctioneer's decision being final, allowing some leeway for minor discrepancies.

 

I.     In a dispute, the vendor has 28 days to propose a resolution. If the vendor and buyer can't agree, the auctioneer aims to mediate within this period, suggesting potential solutions. If the vendor fails to provide a fair solution within 28 days of being informed of the issue, the auctioneer will support the buyer's refund request, even if the claim is deemed unfounded or unreasonable.

 

 

16. Data Protection

 

The Seller acknowledges and agrees that in accordance with the Auctioneer's Privacy Policy, the Auctioneer may gather, process, and retain personal data and feedback about the Seller's interactions with the Auctioneer. This data may be shared with Buyers entering contracts with the Seller, ensuring the Auctioneer's reputation and transaction completion. For more details on data held by the Auctioneer on Sellers and Buyers, refer to the Auctioneer's Privacy Policy.

 

17. General

 

A.  The enforcement of these Conditions is solely the prerogative of the Auctioneer; no other party holds such a right.

 

B.  Nothing in these Conditions should be construed as creating a partnership, joint venture, or agency relationship between the Auctioneer, Seller, or any other entities. Each party, unless otherwise stated in a Special Condition, operates independently and solely for its own interest.

 

C.  These Conditions encompass the entirety of the agreement between the Auctioneer and the Seller. However, in the event of a conflict between these Conditions and any Special Conditions, the Special Conditions will take precedence.

 

D.  If any part of these Conditions is deemed illegal, invalid, or unenforceable, it shall not impact the legality or enforceability of the remaining Conditions. Should any part of a Condition be rendered illegal, invalid, or unenforceable, but could be made so by deleting or modifying certain elements, the Condition shall be adjusted as needed to ensure legality, validity, and enforceability.

 

E.   The Auctioneer reserves the right to make changes to these Conditions as required. Updates will be communicated via email to registered Sellers with active Auction Accounts and will be accessible in the 'Terms and Conditions' section of the Auctioneer's Website. The latest version of the Conditions is available at www.williamgeorge.com.

 

F.   The Auctioneer holds the authority to delegate its obligations under these Conditions to third parties through subcontracting, provided that proper notice is given to the Seller. The Seller, however, cannot assign, transfer, or otherwise deal with its rights and obligations under these Conditions.

 

G.  These Conditions and any disputes arising from or connected to them, their subject matter, or their formation (including non-contractual disputes or claims), are governed by the laws of England and Wales.

 

H.  Both the Seller and the Auctioneer mutually agree that the courts of England and Wales shall possess exclusive jurisdiction to resolve any disputes or claims arising from or connected to these Conditions, their subject matter, or their formation, except where Condition 15.1 specifies otherwise.

 

 

18. Procedures Regarding VAT Refunds following Export of Goods

 

A.  In cases where a vendor obtains comprehensive, accurate, and timely documentation verifying the export of goods, they shall be obligated to facilitate the VAT refund to the buyer, assuming that the transaction is finalised, including the transfer of funds along with VAT to the vendor's account. The Auctioneer bears no responsibility for VAT refunds unless explicitly agreed upon by all parties before the sale. Notably, the Auctioneer never assumes ownership of third-party goods during any transaction. Should export documentation be submitted after the stipulated time, it should adhere to HMRC's recommended procedures. The onus lies on the buyer to promptly and accurately prepare and submit export documentation to ensure smooth refund processing. This holds true even if an EU VAT number is provided. Equally, it's the seller's responsibility to reimburse any VAT received from the buyer for a sale, provided that the buyer submits correct and comprehensive documentation within 28 days of the sale. In essence, should a vendor possess valid and prompt export documentation, they are obliged to arrange VAT refunds to buyers, contingent upon transaction completion and the presence of VAT-inclusive funds in the vendor's account. The Auctioneer assumes no liability for VAT refunds unless explicitly established in agreement with all relevant parties before the sale. At no point does the Auctioneer take ownership of goods from third parties during transactions. Should export documentation be submitted after the recommended time frame, it must align with HMRC's protocols. Buyers are responsible for promptly and accurately assembling and submitting export documentation to ensure seamless refund processing. This holds true even when an EU VAT number is furnished. Correspondingly, sellers must refund any VAT received in relation to a sale if the buyer provides correct and comprehensive documentation within 28 days of the sale.

TERMS & CONDITIONS

 

Please consult our FAQs for simplified explanations in plain language. Our FAQs provide an overview of the terms and conditions (available below) applicable to both sellers and buyers in easily understandable terms. These FAQs equip you with the necessary information to confidently participate in bidding and navigate our online auctions. We recommend familiarising yourself with these terms, even if you're experienced in online auctions, as they are regularly updated and may differ from other platforms you've used. For a more comprehensive understanding, please refer to the complete terms provided below.

 

1.   Definitions and Explanation

2.   Contractual Arrangement

3.   Details of Listings

4.   Seller's Auction Account

5.   Seller Warranties and Indemnity

6.   Auctioneer's Discretion

7.   Charges - Bulk Listings only

8.   Conduct of the Auction

9.   Withdrawal/Cancellation of Lots

10.                 Extension of the Auction

11.                 After the Auction

12.                 Storage of Goods

13.                 Buyer's Failure to Pay

14.                 Limitation of Liability

15.                 Dispute Resolution, Remedies and Set Off

16.                 Data Protection

17.                 General

18.                 Procedures Regarding VAT Refunds following Export of Goods

 

1. Definitions and Explanation

 

In these terms, the following highlighted terms shall hold these meanings:

Auction: An online sale event via the website for goods and items by the auctioneer on behalf of third parties (not the seller).

‍Auctioneer: Auction247 LTD, a registered English company, including related employees and agents.

‍Bid: An offer to buy a lot submitted on the website.

‍Bidder: A person placing a bid.

‍Business Day: Any non-weekend day when banks operate in England.

‍ Buyer: The successful bidder.

‍Buyer's Premium: Extra payment by the buyer to the auctioneer alongside the sale price.

‍ Conditions: These rules for sellers.

‍ Regulations: Consumer contracts (information, cancellation, and charges) rules of 2013.

‍ Goods: Items submitted for auction.

‍ Group: The company, its subsidiaries, and holding companies.

‍ Listing Particulars: Details about items for sale, including images.

‍Lot: Items available for bidding.

‍ Reserve Value: Minimum price to sell goods.

‍Sale Price: Winning bid amount.

Seller: Person listing goods for sale.

‍ Shill Bidding: Fake bids to inflate prices.

‍ Sniping: Bidding just before an auction ends.

‍ Special Conditions: Specific terms for an auction.

‍Successful Bid: Winning offer.

‍VAT: Value Added Tax in the UK.

‍ Website: The auctioneer's website at www.williamgeorge.com or others at the auctioneer's discretion.

A.  If these conditions conflict with special conditions, the latter prevail.

B.  In these Conditions:

C.  'Person' includes individuals, companies, and entities.

D.  Gender references encompass all genders.

E.   Singular includes plural and vice versa.

F.   Words after 'include' are illustrative, not restrictive.

 

2. Contractual Arrangement

 

According to these terms, the seller designates the auctioneer as their agent to sell goods through an auction. The sale agreement for auctioned goods is formed between the seller and the buyer at the auction's end. The auctioneer bears no responsibility for any breach by either party concerning goods' sale or other matters.

 

3. Details of Listings

 

A.  At least 10 business days prior to an auction's commencement, the seller must furnish the auctioneer with listing particulars (in a format provided or previously endorsed by the auctioneer) for goods intended for inclusion in the auction. These listing particulars must minimally encompass:

 

B.  A precise and accurate description of the goods, avoiding generic phrasing.

 

C.  At least one clear and faithful photograph that truly represents the goods. While stock images are permissible, actual item photos are recommended, with stock images accompanied by the item's actual photo.

 

D.  Indication of whether the goods are for dispatch or collection only. If dispatch is applicable, the particulars should outline postage/courier details and charges, including any additional costs.

 

E.   The seller bears the responsibility of ensuring the accuracy of the listing particulars, eliminating any errors. The auctioneer cannot be held accountable for the unintentional inclusion of incorrect goods in an auction or for errors resulting from the seller's mistake or negligence, leading to incorrect sale prices.

 

F.   The seller must provide the business name or individual's name if selling items.

 

G.  If applicable, the seller should indicate VAT registration status and provide an up-to-date VAT number.

 

H.  The auctioneer must be informed of the location of the items. If the items are situated away from the seller's primary address, written notification of their location should be provided to the auctioneer.

 

I.     If, in the auctioneer's discretion, deliberate misrepresentation of goods or omission of critical details altering the goods' value or utility is suspected, the auctioneer retains the right to:

 

J.   Refuse inclusion of a Lot that hasn't yet been part of an auction.

 

K.  Remove goods from an ongoing auction that has yet to receive bids.

 

L.   Declare the sale of a Lot void if it's part of an ongoing auction with bids or was sold at a concluded auction, yet payment hasn't been received. In the event of a void declaration and should the buyer not intend to acquire the misrepresented goods, the seller becomes liable to the auctioneer for the loss of the relevant buyer's premium, calculated based on either the highest Bid at the void declaration's time and the reserve value, or the concluded sale's price (if applicable). Additionally, the seller may be liable to the buyer for incurred damages or costs, if relevant.

 

4. Seller's Auction Account

 

A.  Upon request and submission of necessary documentation, the auctioneer will create an auction account for the seller.

B.  Uninterrupted account access isn't guaranteed; the seller acknowledges possible disruptions.

 

5. Seller Warranties and Indemnity

 

A.  Seller assures the auctioneer and buyer that:

B.   They have legal title or authorized written permission to sell the goods.

C.  They can sell the goods.

D.  Goods will be sold at the bid's conclusion.

E.   All provided information is true, accurate, and not misleading.

F.   Mechanical/electronic goods are functional unless stated otherwise.

G.  Relevant import laws and taxes are met for UK imports.

H.   Online sale regulations are followed.

I.     If the seller acts for the legal owner, they ensure authority for actions and warranties.

J.   Seller indemnifies the auctioneer for any liability arising from the goods or provided information.

 

6. Auctioneer's Discretion

 

A.  The auctioneer has discretion over auction timing, commencement, and duration. Efforts will be made to accommodate seller requests, but they aren't guaranteed. The auctioneer strives to sell with care but doesn't guarantee sales.

B.  The auctioneer may assess new sellers' creditworthiness and charge fees until a certain standard is met.

C.  In case of recurrent issues with a seller, the auctioneer may impose charges or refuse to accept goods.

 

7. Charges - Bulk Listings only

 

A.  For combining items in collective auctions, no charges apply, with a cap of 15 items per collective auction. However, if a vendor lists more than 15 items in a single auction, a fee will be applicable.

 

Auction Fees

B.  Listing Fee: The fee for bulk listings varies based on chosen time slots. Vendors pick private auction slots from available options. Auction fees are payable by vendors before an auction begins.

C.  Commission Charge: Upon prior agreement, sellers pay a commission charge [between 1% to 15% of sale price] to the auctioneer. This payment is due within 5 business days after the relevant auction's end. The auctioneer may deduct this commission from seller-held funds.

D.  Refund Fee: If a buyer requests a refund, the seller pays a refund fee [minimum 50% of commission charge at Condition 7.1.2], plus costs and damages. This must be paid within 5 business days of the auctioneer's notice. The total refund fee, including costs and damages, won't exceed the payable commission charge if the buyer hadn't rejected the goods.

E.   Pallet Charges: A £5.00 charge per pallet for loading/unloading goods applies. Weekly storage incurs an additional £4.00 per pallet charge. All pallet charges are subject to VAT and are deducted from sale proceeds.

F.   Staff Charges: The auctioneer may charge for photography, lotting, sales management, invoice preparation, and collection of goods. Daily rates (subject to VAT) are: Director - £250, Sales Manager - £200, Auction Assistant - £150.

G.  Travel and Subsistence: The auctioneer reserves the right to claim expenses from sellers, including £1 per mile, hotel costs, and a £60 daily subsistence allowance.

 

8. Conduct of the Auction

 

A.  Goods are placed in the auction with the reserve value stated in listing particulars. If no reserve is specified, goods are auctioned without reserve, unless the seller notifies the auctioneer otherwise in writing 48 hours before the auction starts.

B.  The auctioneer can list items previously consigned until a) sold at or above latest reserve price or b) seller withdraws consent for listing/marketing. Requests to change auction dates or durations are considered but not guaranteed.

C.  Sellers must provide access for viewing and inspection of goods for at least 48 hours during the auction. If the auctioneer holds the goods, they'll make them available if possible.

D.  Auctioneers can bid on behalf of those with written authorization.

E.   Auctioneers can regulate bidding and reject undesirable bids.

F.   Auctioneers can settle disputes using discretion.

G.  Shill bidding is strictly prohibited. If detected, lots may be removed, and claims for damages or costs can be made against the seller.

H.  Bidders can query lots, with questions directed to the auctioneer. Seller responds, and the auctioneer conveys answers to bidders.

 

9. Withdrawal/Cancellation of Lots

 

A.  Upon the Seller's request, the Seller will inform the Auctioneer if a lot is being offered for sale through channels other than the auction. The Seller will make reasonable efforts to refrain from requesting lot withdrawal once the auction has commenced. If the Seller needs to withdraw a lot due to independent sales or other reasons, they should promptly notify the Auctioneer in writing.

 

B.  If at least 48 hours remain until the auction concludes, the Auctioneer will cancel the auction for that lot.

 

C.  If fewer than 48 hours remain until the auction concludes:

 

D.  If no bids have been received and no reserve value was indicated, the Seller will cover reasonable costs.

 

E.   If bids have been received and no reserve value was indicated, an amount equivalent to the Buyer's Premium, calculated based on the highest bid at cancellation, will be paid by the Seller.

 

F.   If bids have been received but the reserve value has not been met, an amount equivalent to the Buyer's Premium based on the reserve value will be paid by the Seller.

 

G.  If bids have been received and the reserve value has been met, an amount equivalent to the Buyer's Premium based on the highest bid at cancellation, along with reasonable costs, will be paid by the Seller.

 

H.  If the auction has concluded, the Seller will pay an amount equivalent to the Buyer's Premium on the Sale Price, along with reasonable costs incurred by the Auctioneer. The Seller acknowledges that such cancellations of lots with bids or those that concluded successfully may result in claims for damages or costs from Bidders and/or Buyers. The Auctioneer bears no liability in such cases.

 

I.     Relisting: When instructed to auction an item, the Auctioneer will continue to list the item at the most recently communicated reserve price from the Vendor until the item is sold by the Auctioneer or the Vendor explicitly withdraws consent for the item's marketing by the Auctioneer.

 

J.   The Auctioneer reserves the right to withdraw, cancel, or remove a Lot from the auction:

 

K.  For any other legitimate reason serving the Auctioneer's commercial interests. The Auctioneer holds no liability to the Seller, Bidder, or Buyer if a Lot is withdrawn, cancelled, or removed in line with this Condition.

 

L.   The Seller must promptly inform the Auctioneer if a consigned item becomes unavailable for sale. If this notification comes after a bid meeting or exceeding the reserve price, the Seller is liable to pay 50% of the Buyer's Premium plus 20% VAT. The Seller is responsible for monitoring the bidding status of consignments through their account or by contacting the Auctioneer before making any actions leading to unavailability. Failure to do so will result in the mentioned charge being applied to the Seller's account.

 

10. Extension of the Auction

 

A.  To discourage sniping, if a bid is submitted within 10 minutes of auction closure, the auctioneer reserves the right to extend bidding time by successive 10-minute periods until a clear 10-minute period before closure is reached.

 

11. After the Auction

 

A.  Following the conclusion of the Auction, the Buyer will be obliged to remit the Sale Price along with the Buyer's Premium to the Auctioneer. The Auctioneer will expediently notify the Seller of the fund receipt.

 

B.  In the aftermath of the Auction, the Seller will either communicate with the Buyer to organise Goods collection or dispatch the Goods within 24 hours after receiving confirmation of fund receipt from the Auctioneer.

 

C.  In cases where Goods are held by the Seller, the Seller will notify the Auctioneer via email or their Auction Account regarding collection or dispatch status. Sale proceeds won't be transferred to the Seller until such confirmation is received. The Auctioneer retains the right to communicate with the Buyer to confirm Goods collection, receipt, and service satisfaction.

 

D.  For Goods held by the Auctioneer, collection will be coordinated with the Buyer from the Auctioneer's premises. This collection must not take place sooner than 24 hours after confirming receipt of funds by the Seller, provided Goods haven't been withdrawn according to Condition 9.

 

E.   Conditional upon confirmation of collection or dispatch per Condition 11.2 and the Auctioneer's rights to offset sums due to the Auctioneer and/or the Buyer in line with Conditions 15.2, 15.3, and 15.4, as well as Condition 11.4, the Auctioneer will account for the Sale Price to the Seller within 14 Business Days post-Goods receipt by the Buyer. In scenarios involving multiple Lots by the Seller in the same Auction or a Bulk Listing, payments will be consolidated and paid to the Seller within 14 days from receiving the last item in the transaction.

 

F.   In instances where the Buyer notifies the Auctioneer of their intention to seek a refund of the Sale Price due to a breach of the Seller's warranties as outlined in Condition 5.1 or other grounds, the Auctioneer may withhold the Sale Price, pending resolution in accordance with Condition 15.

 

G.  Should the Buyer fail to remit the Sale Price and Buyer's Premium within 20 Business Days post-Auction conclusion, the Auctioneer will deem the sale void and strive to relist the concerned Lot in the subsequent appropriate Auction. The Seller acknowledges that a standard 60-day interval between Auctions is customary for relisting.

 

H.  In scenarios where the Buyer pays for Goods but doesn't retrieve them (and the Goods aren't slated for dispatch), the Auctioneer reserves the right to cover the cost from the Buyer's funds, moving the Goods to the Auctioneer's premises for later collection or disposal.

 

I.     Failure by the Buyer to provide their own or a third-party's name or address, for whom the Buyer is bidding, empowers the Auctioneer, as authorized by the Seller, to re-auction the Goods at any juncture.

 

J.   Full payment remittance to the vendor transpires 14 days after the buyer receives the goods. If the vendor acknowledges receipt of payment through email notification from the auctioneer, and yet refuses to release the goods to the buyer or their designated courier presenting an auctioneer's collection note, the auctioneer isn't accountable for incurred transport or related costs. Under these circumstances, the seller should release goods to the buyer upon proper identification, assuming any costs for unsuccessful collections. The auctioneer can verify payment status by phone, advising sellers to organise collections between 09:00-16:30 on weekdays. Additionally, the auctioneer isn't liable if the vendor mistakenly releases goods to a third party without awareness of payment receipt by the auctioneer or having duly verified the buyer or collecting agent's identity and credibility.

 

12. Storage of Goods

 

A.  Sellers can store unsold Goods at Auctioneer's premises with consent, at £20/week per item (+VAT), or £50/week for certain high-value items.

B.  If Goods remain at Auctioneer's premises for over 10 Business Days after auction end or Auctioneer's removal request, an extra storage fee (£20/day per item +VAT) applies. Auctioneers may sell unsold Goods to cover costs.

C.  Auctioneer isn't liable for Goods' loss/damage during storage. Seller must insure Goods until risk/title passes to Buyer.

 

13. Buyer's Failure to Pay

 

A.  Auctioneers can claim against Buyer for unpaid Buyer's Premium, storage charges, and related costs. Auctioneer won't claim on behalf of Seller for Sale Price or other costs.

B.  Seller must notify Auctioneer of legal proceedings against a non-paying Buyer and share progress.

 

14. Limitation of Liability

 

Auctioneer's liability to Seller is either:

 

A.  [25%] of Sale Price, minus Buyer's Premium, or the higher of Reserve Value/highest Bid for unsold Lot, minus Buyer's Premium, up to £1,000 for specific claims per Lot.

B.  Auction is automated; Auctioneer isn't liable for damages due to events beyond control.

 

15. Dispute Resolution, Remedies and Set Off

 

A.  Should a dispute arise between the Seller and a Buyer, the Seller initially engages with the Buyer to find a mutually agreed resolution. If no consensus is reached, either party can request the Auctioneer's involvement in mediating a solution at its discretion. In cases where an item has been inaccurately described or misleadingly presented, the Auctioneer tends to favour the Buyer. If resolution efforts prove futile within a reasonable timeframe, the Auctioneer's decision becomes binding.

 

B.  Buyers have a 10-day window from receiving an item to raise any disputes concerning its condition. It is recommended that any perceived issues are promptly communicated to the vendor and auctioneer within this timeframe. Complaints beyond this period should be directed to the vendor, as the auctioneer cannot be held responsible for issues raised after the 10-day period.

 

C.  Buyers are advised to thoroughly inspect items upon receipt or collection and promptly report any issues. Acknowledging receipt of goods means acceptance of their conformity to the description. If discrepancies are noticed, the Buyer should either refrain from moving the goods (if collecting) or immediately communicate the issue to the vendor and auctioneer.

 

D.  When a refund is due from the Seller to a Buyer for Goods, the Auctioneer aims to facilitate the refund using the proceeds from the Seller's sales in their Auction Account. In case the account lacks funds, the Seller must settle the balance within 24 hours of the Auctioneer's payment request. The Auctioneer may seek to recoup a minimum of 50% of lost commission from the Seller for refunded items. Payment is expected within 24 hours of the request.

 

E.   The Auctioneer has the right to deduct the Buyer's Premium, as well as any other relevant charges, from the sum received from the Buyer before settling the balance owed to the Seller.

 

F.   If the Auctioneer holds funds in the Seller's Auction Account, it is authorized to offset any undisputed amounts owed to it by the Seller under these Conditions, related to any Lots or under the Auctioneer's Buyer terms and conditions.

 

G.  Disputes Regarding Diamonds, Gemstones, and Jewelry

 

H.  Disputes involving Diamonds, Gemstones, and Jewelry follow a standard procedure for resolution. Items under question are sent to the Independent AnchorCert Gem Lab at the Assay Office in Birmingham for evaluation. AnchorCert's findings are considered final. If the item aligns with the auction description, the Buyer is responsible for assessment costs. If there's a material discrepancy, the Seller is liable to refund the Buyer, cover the buyer's premium, and assessment costs. The item returns to the seller upon receiving these funds. The Seller bears responsibility for accurate descriptions before listing. The AnchorCert report forms the basis for mediation, with the Auctioneer's decision being final, allowing some leeway for minor discrepancies.

 

I.     In a dispute, the vendor has 28 days to propose a resolution. If the vendor and buyer can't agree, the auctioneer aims to mediate within this period, suggesting potential solutions. If the vendor fails to provide a fair solution within 28 days of being informed of the issue, the auctioneer will support the buyer's refund request, even if the claim is deemed unfounded or unreasonable.

 

 

16. Data Protection

 

The Seller acknowledges and agrees that in accordance with the Auctioneer's Privacy Policy, the Auctioneer may gather, process, and retain personal data and feedback about the Seller's interactions with the Auctioneer. This data may be shared with Buyers entering contracts with the Seller, ensuring the Auctioneer's reputation and transaction completion. For more details on data held by the Auctioneer on Sellers and Buyers, refer to the Auctioneer's Privacy Policy.

 

17. General

 

A.  The enforcement of these Conditions is solely the prerogative of the Auctioneer; no other party holds such a right.

 

B.  Nothing in these Conditions should be construed as creating a partnership, joint venture, or agency relationship between the Auctioneer, Seller, or any other entities. Each party, unless otherwise stated in a Special Condition, operates independently and solely for its own interest.

 

C.  These Conditions encompass the entirety of the agreement between the Auctioneer and the Seller. However, in the event of a conflict between these Conditions and any Special Conditions, the Special Conditions will take precedence.

 

D.  If any part of these Conditions is deemed illegal, invalid, or unenforceable, it shall not impact the legality or enforceability of the remaining Conditions. Should any part of a Condition be rendered illegal, invalid, or unenforceable, but could be made so by deleting or modifying certain elements, the Condition shall be adjusted as needed to ensure legality, validity, and enforceability.

 

E.   The Auctioneer reserves the right to make changes to these Conditions as required. Updates will be communicated via email to registered Sellers with active Auction Accounts and will be accessible in the 'Terms and Conditions' section of the Auctioneer's Website. The latest version of the Conditions is available at www.williamgeorge.com.

 

F.   The Auctioneer holds the authority to delegate its obligations under these Conditions to third parties through subcontracting, provided that proper notice is given to the Seller. The Seller, however, cannot assign, transfer, or otherwise deal with its rights and obligations under these Conditions.

 

G.  These Conditions and any disputes arising from or connected to them, their subject matter, or their formation (including non-contractual disputes or claims), are governed by the laws of England and Wales.

 

H.  Both the Seller and the Auctioneer mutually agree that the courts of England and Wales shall possess exclusive jurisdiction to resolve any disputes or claims arising from or connected to these Conditions, their subject matter, or their formation, except where Condition 15.1 specifies otherwise.

 

 

18. Procedures Regarding VAT Refunds following Export of Goods

 

A.  In cases where a vendor obtains comprehensive, accurate, and timely documentation verifying the export of goods, they shall be obligated to facilitate the VAT refund to the buyer, assuming that the transaction is finalised, including the transfer of funds along with VAT to the vendor's account. The Auctioneer bears no responsibility for VAT refunds unless explicitly agreed upon by all parties before the sale. Notably, the Auctioneer never assumes ownership of third-party goods during any transaction. Should export documentation be submitted after the stipulated time, it should adhere to HMRC's recommended procedures. The onus lies on the buyer to promptly and accurately prepare and submit export documentation to ensure smooth refund processing. This holds true even if an EU VAT number is provided. Equally, it's the seller's responsibility to reimburse any VAT received from the buyer for a sale, provided that the buyer submits correct and comprehensive documentation within 28 days of the sale. In essence, should a vendor possess valid and prompt export documentation, they are obliged to arrange VAT refunds to buyers, contingent upon transaction completion and the presence of VAT-inclusive funds in the vendor's account. The Auctioneer assumes no liability for VAT refunds unless explicitly established in agreement with all relevant parties before the sale. At no point does the Auctioneer take ownership of goods from third parties during transactions. Should export documentation be submitted after the recommended time frame, it must align with HMRC's protocols. Buyers are responsible for promptly and accurately assembling and submitting export documentation to ensure seamless refund processing. This holds true even when an EU VAT number is furnished. Correspondingly, sellers must refund any VAT received in relation to a sale if the buyer provides correct and comprehensive documentation within 28 days of the sale.