CONDITIONS OF SALE
In these Conditions, On-Line Anique & Eccentricity Auctions limited, act only as auctioneers and agents for the seller and the representative of On-Line Anique & Eccentricity Auctions Limited conducting the auction is called the ‘Auctioneer’
Whilst the On-Line Anique & Eccentricity Auctions limited make every effort to ensure the accuracy of their catalogues and the description of any lot:
Each lot as set out in the online catalogue or as divided or combined with any other lot or lots is sold by the seller with all faults, imperfections and errors of description.
On-Line Anique & Eccentricity Auctions Limited does not accept responsibility for the authenticity, attribution, genuineness, origin, authorship, date, age, period, condition or quality of any lot unless they have been instructed in writing by the seller to so certify, and in such cases, the Auctioneers do so as agents of the seller and are not themselves responsible for such claims.
All statements, whether online in the catalogue or made orally as to any of the matters set out in the above are statements of opinion only and are not to be taken as being, or implying any warranties or representations of fact by On-Line Anique & Eccentricity Auctions limited unless they have been instructed in writing by the seller so to certify.
Any claim under such statute must be received in writing by the auctioneers within seven days of the day of the sale.
The Auctioneers have absolute discretion to divide any lot, to combine and two or more lots or to withdraw any lot or lots from the sale, to refuse bids, regulate bidding or cancel the sale without in any case giving any reason or without previous notice. He may bid on behalf of the seller for all goods which are being offered subject to reserve or at the Auctioneer’s discretion.
The highest bidder shall be the buyer except in the case of a dispute. The Auctioneer may at his sole discretion determine the advance of the bidding or refuse a bid. If during the auction the Auctioneer considers that a dispute has arisen, he has absolute discretion to settle it or re-offer the lot.
Each lot is put up for sale subject to any reserve price placed by the seller. Where no reserve has been placed the seller has the right to bid either personally or by any one person on his behalf (who may be the Auctioneer)
All conditions, notices, descriptions, statements and other matters in the online catalogue and elsewhere concerning any lot are subject to any statements modifying or affecting the same made by the auctioneer from the rostrum prior to any bid being accepted for the lot.
Notwithstanding any other terms of these Conditions, if within seven days after the sale On-Line Anique & Eccentricity Auctions limited have received from the buyer, of any lot notice in writing that in his view the lot is a deliberate forgery and within ten days after such notification the buyer returns the same to The Official On-Line Anique & Eccentricity Auctions limited in the same condition as at the time of sale and by producing evidence, the burden of proof to be on the buyer satisfies On-Line Anique & Eccentricity Auctions limited, that considered in the light of the entry in the online catalogue is a deliberate forgery then the sale of the lot will be rescinded ad the purchase price of the same refunded. The seller and the buyer agree to be bound by On-Line Anique & Eccentricity Auctions limited decision.
On-Line Antique & Eccentricity Auctions Limited disclaim responsibility for default, by either the buyer or the seller because they act as agents for the seller only and therefore do not payout to the seller until payment is received from the buyer.
6.In the event:
of a sale by private treaty as with sale by auction both the seller and the buyer agree to be bound by the General and any Special Conditions of Sale.
On-Line Antique & Eccentricity Auctions limited are able to agree on collection appointment times, undertake the packing and shipping of items at an additional cost.
On-Line Antique & Eccentricity Auctions limited reserve the right to store or arrange for the storage of goods delivered to them for sale either on their own premises or elsewhere at their sole discretion.
9.Right to Sell:
Sellers will be charged for goods left on the premises if the seller has been requested to remove them, and if the goods are not removed within ten days of such request On-Line Anique & Eccentricity Auctions limited reserve the right to sell the goods without reserve by private treaty or auction sale without further notice to defray costs and storage charges.
All goods are put up for sale WITHOUT RESERVE unless written instructions as to reserve are received by On-Line Anique & Eccentricity Auctions limited to the commencement of the sale using the entry form.
In the event of any reserve price not being reached at auction On-Line Antique & Eccentricity Auctions limited are empowered to sell after the auction, by private treaty, at not less than the reserve price, as long as the goods remain on On-Line Anique & Eccentricity Auctions limited ’ sale site. In the event of such a sale by private treaty, the Conditions of Sale applicable to a buyer governing the auction will apply. The usual commissions will be deducted.
The seller shall indemnify The On-Line Anique & Eccentricity Auctions limited against any claims in connection with any goods sold by On-Line Anique & Eccentricity Auctions limited on the seller’s behalf.
Authorises the Auctioneer to deduct commission and expenses at the standard rate from the hammer price and acknowledges the Auctioneer’s right to retain any premium payable by the buyer.
To Photographs and illustrations. The seller gives On-Line Anique & Eccentricity Auctions Limited full and absolute right to photograph and illustrate any lot placed in its hands for sale at any time at its absolute discretion (whether or not in connection with the auction).
The buyer by making a bid for a lot acknowledges that he has satisfied himself fully before bidding by inspection through photographs or otherwise to all the Sale Conditions, the physical condition of and description of the lot including but not restricted to whether the lot is damaged or has been repaired or restored.
and Risk and Registration. The legal title in a lot shall not pass to the buyer until the lot(s) has been paid for in full and the Auctioneers shall be entitled to a lien on any lot sold until the purchase price is paid in full but each lot is at the sole risk of the buyer from the fall of the hammer. Each buyer shall have given his full name and permanent address and be called upon by the Auctioneer forthwith to pay On-Line Anique & Eccentricity Auctions limited the purchase price. If the buyer fails to do so, the lot may at the Auctioneer’s sole discretion be put up again and re-sold.
16. Every bidder shall be deemed to act as principal unless there is in force a written acknowledgement by On-Line Anique & Eccentricity Auctions limited that he acts as agent on behalf of a named principal.
17.Removal of goods:
No purchase shall be claimed or removed until the sale has been concluded. All lots shall be paid for and removed at the buyer’s risk and expense following the sale day, failing which the Auctioneer shall not be responsible if the same are lost, stolen, damaged or destroyed, and all lots not so removed shall remain at the risk of the buyer and subject to a warehousing charge. If they are not paid for and removed within nine days of the sale the Auctioneer may re-sell or rescind them by auction or privately without notice to the buyer. Any liability which there may be on the part of the Auctioneer in respect of any loss shall be restricted to a maximum of the price paid by the buyer of the lot.
In the event of any failure of the buyer to comply with any of these conditions the damages recoverable by the seller or the Auctioneers from the defaulters shall include any loss arising on the resale of the lots together with the charges and expenses in respect of both sales and together with interest at 4% above The Bank Base Rate upon the price of any lot which has not been paid for, and any money deposited in part payment shall be held by the Auctioneers on account of the liability of the defaulters to them or to the seller. The Auctioneers are unable to accept payment from successful bidders other than online credit debit cards.
The buyer shall pay the hammer price together with a premium of 20% (as stated at the time of sale) of the hammer price.