3x Ralph Lauren Navy L/S Shirt Small Grade A

Terms & Conditions

Conditions binding on all Vendors, Bidders and Buyers

1. These General Conditions of Sale are issued by Ezee Auctions Ltd (referred to in the Conditions as “the Auctioneers”).
2. The following Conditions of Sale must be strictly adhered to along with the Important Sale Information which is displayed to bidders on all auction catalogues and in the auction office. The terms shall regulate the sale of each lot to any vendor, bidder and buyer who has been approved by the Auctioneers and shall be considered to have accepted these terms and wishes to be bound by them.
3. 3.     The following conditions are binding on all Vendors, Bidders and Buyers:

The words “Lot” and “Goods” refer to items sold at auction sales conducted by the Auctioneers.
“The Buyer” shall mean the maker of the highest bid accepted by the Auctioneers whether on the fall of the hammer (when the Hammer Price is achieved) or by private treaty sale.
“Hammer Price” shall mean the highest bid accepted by the Auctioneers excluding any VAT that may be included thereon.
“Buyer’s Premium” refers to the premium of 20% (plus VAT) which is levied on the Hammer Price of all lots.
“Important Sale Information” means the notes associated with each auction including but not limited to the Health & Safety notes, viewing times, payment details, collection times, the amount of the Buyer’s Premium, VAT chargeable, and any other relevant terms relating to that particular auction and/or sale, and which in all cases are governed by these Terms.
“Premises” means the premises in which the auction is taking place, and, where relevant, the location where the individual Vehicles and/or lots under the control of Ezee Auctions Ltd are stored and goods collected from.
“Registration” means all or any one of the following as appropriate:
(i) the payment of the Deposit electronically, or as otherwise notified by the Auctioneers in the relevant Important Sale Information; and
(ii) the presentation of 2 forms of identification acceptable to the Auctioneers; and
(iii) the completion and submission of the Buyer Registration Form.
“Buyer Registration Form” means the form to be completed by a potential buyer prior to participating in an auction.
“Vendor” includes any prospective vendor except where the context otherwise requires.
“VAT” means Value Added Tax at the current rate which will be charged on lots marked with an *.

1. All persons attend auctions at their own risk; under no circumstances will the Auctioneers nor the vendor be individually or collectively held responsible for any loss or damage caused to individuals or property present on any auction site or premises for any purpose whatsoever. If viewing auction pieces, personal bags will not be permitted on site while viewing takes place.
2. The Auctioneers reserves the right to withdraw funds equalling up to the invoice total from the Buyer’s account using the card details provided by the registrant. Should invoice payments not be made within 48 hours of the auction ending an 8-week suspension will be applied to the i-bidder account.

Conditions Regulating the Conduct of the Sale (Bidding)

1. WARNING: All lots are ‘sold as seen’ with all faults and errors in description and quantity and may contain cosmetic imperfections, visible damage or may be beyond economical repair. Viewing of all products is advised.
2. The Auctioneers will always strive to accurately describe any lot (s) that is to be sold however neither the Auctioneers nor Vendor are to be held accountable for any faults and errors or misstatement of description, measurement, weight, quantity, quality, numbered or otherwise (whether of substantial nature or not). It is strongly advised that the buyer must physically inspect the lot (s) and satisfy themselves regarding the condition of each lot they intend to purchase in advance of any bidding taking place. Buyers should note that certain goods sold at auction are suitable only for spare parts or as scrap. Buyers should check the safety of any mechanical, electrical or technical items purchased before attempting to use them and should take advice from an engineer, electrician or other qualified technical expert as to the fitness of goods for any particular purpose. The Auctioneers cannot accept liability for any damage sustained due to disregard of this warning, except for liability for personal injury or death caused by the negligence of the Auctioneers.
   7.1     “Salvaged” TVs description explanation:
   “Recovering or saving abandoned, condemned, damaged, deteriorated, discarded, incomplete, obsolete, or worn property for recycling, refabricating, restoration, reuse, or scrapping.”
   “Property that has value in excess of its value as scrap, but is no longer useful for its intended or original purpose.”

Mobile Phones And Tablets:

1. A percentage of stock sold in auction is sourced from lost and unclaimed property. Lost electrical items such as mobile phones and tablets can be blocked by the network provider and will not work in the UK. The network provider will not remove this block for anyone other than the customer who reported the loss. We are unable to provide refunds for blocked electrical items. We therefore, recommend that If you are a bidder or buyer of mobile phones, you take reasonable steps and conduct ‘due diligence’ using the online system before bidding or viewing products prior to bidding. Bidding is a commitment to buy.
2. The purchaser shall be deemed to have inspected the lot he buys and if he buys without previous inspection he shall do so at his own risk. No oral or written representation made prior to or at the time of sale of any lot shall be deemed to be incorporated in such sale nor to have induced any purchaser to bid. The lots are not sold by sample but in any case if a sample shall be displayed it shall be on the understanding that the contract of sale shall contain no implied condition or warranty as to the quality it shall be on the understanding that the contract of sale shall contain no implied warranty as to the quality or fitness or otherwise or that the lots are free from any defects rendering them merchantable or are reasonably fit for the purpose for which they were purchased.
   9.1.     The Auctioneers where possible will show electrical products powered on however this does not guarantee the functionality or condition of any lot (s) displayed.
   9.2.     Electrical faults may not always be apparent at the time of processing a lot therefore under no circumstances are the Auctioneers to be held responsible for any faults, description of condition or errors discovered after the fall of the hammer. Viewing is advised on all products.
3. Lots in any auction that have been physically de-branded/de-badged must remain de-branded.
   10.1.     In all cases no original trademarks, web images, vendor/clients logos or other intellectual property may be copied or used by the winning bidder under any circumstances.
   10.2.     Any customers in breach of Clause 10 & 10.1 risk permanent exclusion from Weller’s online auctions.
4. A Buyers Premium of 20% is levied on the hammer price on all lots unless stated otherwise. Buyers Premium is subject to the addition of VAT at the current rate on the total unless stated otherwise.
   11.1.     An additional Premium of 5% + VAT at the current rate will be added to the hammer price if bidding using the online auction platform.
5. The highest accepted bidder, subject to Vendor’s Reserve (if any) shall be the Buyer.
6. Every bidder shall be deemed to act as principal of their account
7. The Auctioneers shall have the right, at its discretion, to refuse admission to the Premises or attendance at the auctions in house or online of any person.
   14.1     The Auctioneers reserve the right to refuse to accept bids from any person, without stating a reason.
8. The Auctioneers reserve on behalf of themselves and of the Vendor the following rights:
   15.1     To set a reserve price.
   15.2     To bid on behalf of a Vendor, up to the Vendor’s reserve price.
   15.3     To re-arrange, consolidate or withdraw any lots, or vary the order of the sale.
9. The Auctioneers shall not in any circumstances be obliged to announce any reserve price.
10. No person may advance on any bid less than the sum named by the Auctioneers.
11. A Vendor or his agent may not bid for a lot owned by him. The Auctioneers alone may do this but only up to the value of the reserve.
12. No bidding may be retracted at any point, bidding is a commitment to buy.
13. Under no circumstances may the transferring of any lot (s) from individuals or agents to any other parties be allowed.
14. Any lots not taken away within 72 hours, for every calendar day following the day on which the lot (s) should have been collected from the Premises by the Buyer, the Buyer will incur a daily storage charge of £10 plus VAT per lot stored without exception, and such charge will continue to accrue until collection of the goods. A non-collection may at the discretion of the auctioneer’s result in goods being re-offered for sale.

Payment & Collection

1. All required payments must be settled in full in sterling (GBP), by the pay now links sent out to each customer via email within 48 hours of the auction closing. All payments made via the pay now links will be deducted from the card added by the customer to their I-Bidder account at the point of registration. A surcharge of 2.5% plus VAT will be made on all credit card transactions. The Buyer must pay the whole of the purchase price including any VAT, Buyers Premium or any additional Premiums before the goods are released. If the Buyer fails to make payment within 48 hours of the auction closing, the Auctioneers shall have an absolute discretion the right to cancel the contract of sale, to deduct an admin fee, and to apply remedies under clauses 23 and 24
2. If the Buyer does not honour his obligations for payment under clause 22 above in any way, the Auctioneers as agents of the Vendor shall at its absolute discretion and without prejudice to any other rights it may have, be entitled to exercise one or more of the following rights or remedies:
3. To rescind the contract for sale of the lot (s) sold to the defaulting Buyer at the auction; and
   24.1.     To remove, store (either at the Premises or elsewhere) and insure the lot (s) at the expense of the defaulting Buyer;
   24.2     To retain that or any other lot (s) sold to the same Buyer at the same or any other auction and release it via collection or delivery only after payment of the Hammer Price;
   24.3     To reject or ignore any bids made by or on behalf of the defaulting Buyer at any future auction online;
   24.4     Charge a one-off administration fee of £20 (plus VAT if and where applicable);
   24.5     For every calendar day following the day on which the lot (s) should have been collected from the Premises by the Buyer, the Buyer will incur a daily storage charge of £10 plus VAT per lot stored without exception, and such charge will continue to accrue until the goods are collected from the auctioneer or delivered.
4. The risk in each lot shall pass to the Buyer following notification of his successful bid but the ownership of each lot shall remain vested in the vendor and the purchaser shall not be entitled to remove any lot until payment in full has been made for each and every lot purchased by him at the sale.
5. Goods must be collected directly from the auctioneer premises no later than 3 working days after the auction date unless otherwise authorised by the auctioneer in writing. All collections must be booked by the link provided via e-mail. Should any customer arrive at the auctioneer premises to collect goods without a booking confirmation, they will be turned away and referred to the customer service team for assistance. In no circumstances will the Auctioneers accept collections by Courier. For goods that are being collected, you must notify us of any issues before leaving the building. Once outside the premises, the buyer is responsible for all goods.
6. The Buyer is responsible for any necessary labour and equipment in order to remove their lot (s) and shall comply with any directions which may be given by staff. Customers are to transport lots in a vehicle that can accommodate all goods being collected.
7. In the event of any lots not being paid for or not being removed within the timeframe specified the Auctioneers shall immediately be entitled to rescind the contract without prior notice to the purchaser to resell the lot (s) by public or private sale. In the event of any such resale, any loss or damage (including storage charges) suffered by the vendor nor Auctioneer and shall be forthwith recoverable from the purchaser.
8. The Buyer shall be responsible for any damage occasioned to any adjoining or other lots or to the premises by the removal of their lots and shall repair the same either before removal of the lots from the site or after such removal as the vendor may desire or shall pay the estimated cost of doing so to be fixed by the vendor or the Auctioneer on his behalf, whose decision shall be binding on the Buyer.
9. The Buyer shall forthwith be responsible for any loss or damage to any person resulting from the removal of his lot (s) and shall indemnify the vendor and the Auctioneers against any liability therefore whether or not such damage was caused by the negligence of the Buyer, his employees or agents.

Delivery

1. Except for Trade & Retail auctions, the Auctioneers do not deliver goods. Please note that queries regarding goods that are delivered must be made within 24 hours of receipt of the goods.
2. Auctioneers will endeavour to dispatch auction lots the next working day after payment has been received. The auctioneer shall not be held liable or responsible for any delivery delay whether it relates to a delay in dispatch or a delay in delivery by the courier.
3. The auctioneer will not be held liable or responsible for any goods which are damaged or lost in transit (in the courier’s possession)
4. All damages and loss must be claimed for directly with the courier but with notification to the auctioneers.
   The Auctioneers must be informed by the customer within 24 hours of receiving any delivery, of damage or loss in order for them to pass information to the courier.

The follows applies to all claims being raised.

34.1     The Auctioneers has no influence over the outcome of any claim raised with the courier. The auctioneers will not be accountable for the decisions and outcome of any claim raised and will not reimburse or refund any amount for any goods damaged or otherwise once they have left the auctioneers premises.
34.2     The auctioneers will not reimburse or refund any amount of monies through damage, loss or otherwise which is caused by the courier.

Delivery estimated costs

1. Delivery Quotes for all auctions finishing on a Friday, Saturday and Sunday will be consolidated into one quote
2. Delivery quotes for auctions finishing on a Monday, Tuesday, Wednesday or Thursday will not be consolidated into one quote
3. Delivery cost per invoice will range from £4.99 + VAT up to £70 + VAT subject to size, weight and dimensions.
4. A quotation will be sent to each customer via e-mail confirming the amount of their delivery cost for any one invoice. This will include the pay now delivery link for payment to be made. Any delivery payment not paid within 72 hours of the auction closing may incur storage fees, refer to 21 of the terms.
5. It is the purchaser’s responsibility to ensure that any products are insured against but not limited to, loss or damage incurred during transit. It is not the responsibility or is it deemed that Ezee Auctions Ltd can be held responsible for any loss or damage incurred during transit.
6. When you have agreed for us to arrange delivery we will include within the invoice a charge equivalent to 12.5% of the total invoice as a charge for packing and arranging collection from our premises.

Product Grading

1. Boxed product grade is Brand New / Grade A when:
   a) There is an un-opened factory seal on the box.
   b) The box shows no signs of damage.
   c) The seal could be a small piece of tape.
   d) A film wrap over the entire box.
2. Clothing grade is Brand New/ Grade A when:
   a) The original retail tags are attached to the item.
   b) There is no sign of damage or use.
   40.1     Grade is Returns / Grade B when:
   a) The product is from a retail source.
   b) The product shows signs of use.
   c) The product may show signs of damage or being faulty.
   d) The product may be incomplete.
   e) The product may be boxed or loose.
   40.2     Grade is Refurbished / Grade B when:
   a) The product is being sold on behalf of a refurbishment company or it was refurbished by a retailer.
   b) The product may have cosmetic imperfections.
   c) The product may have functionality issues.
   d) The product may have parts or accessories missing
   40.3     Grade is Salvage / Grade C when:
   a) The product has severe damage.
   b) The product can only be used for spare parts.
   c) Usually products straight from retailers or refurbishers, who have deemed it beyond repair
   40.4     Grade is Failed/Refused Delivery when:
   a) The Product is a large item and from a retail source.
   b) The product may have slight damage, such as dents.
   c) The products is usually functional.
   d) The product may be missing accessories
   40.5     Grade is Unclaimed Property when:
   a) The Product is from a source of unclaimed property.
   b) The product may be brand new or used.
   c) The product generally is in good condition.
   d) The product may be from a wide range of categories, such as Sports, Toys, Clothing, Cosmetics etc.

Default

1. If the Buyer fails to comply with any of the above Conditions and, in particular, if the Buyer fails to pay for any lot which he has purchased and he is not entitled to return the lot under any of these Conditions, the Auctioneers may treat the contract of sale to the Buyer as rescinded. The Auctioneers may re-sell the lot, by public or private sale, without reserve and without notice to the Buyer.

Insurance & Risk

1. Goods are at the Vendor’s risk until sold and it is for the Vendor to make appropriate insurance arrangements until title is handed to the buyer on the fall of the hammer.
2. All goods purchased are the Buyer’s responsibility from the moment they are sold to him upon the auction closing.

Liability for Accidents

1. Neither the vendor nor the Auctioneer shall be under any liability pursuant to section 6 of the Health and Safety Act 1974. The purchaser must undertake such reasonable and practical steps as are sufficient to ensure that his purchase will be safe and without risk to health and safety when properly used.
2. The Buyer shall be responsible for any injury to and/or death of any person resulting from the removal of his lot (s) and shall fully indemnify and keep indemnified, the Auctioneers against any such liability whether or not such injury and/or death was caused by the negligence of the Buyer, his employees or agents.
3. Neither the Vendor nor the Auctioneers shall be under any liability pursuant to section 6 of the Health and Safety Act 1974 and the Buyer’s attention is drawn to the undertaking given on each Buyers Registration Form at the sale by which the Buyer undertakes to take such reasonable and practical steps as are sufficient to ensure that his purchase will be safe and without risk to health and safety when properly used.
4. For the avoidance of doubt, nothing in these Terms limits the Auctioneers’ liability, nor, where applicable, the liability of the Buyer or Vendor for:
   a) death or personal injury caused by negligence; or
   b) fraud or fraudulent misrepresentation; or
   c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
   d) losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
   e) any other matter for which it would be illegal or unlawful to exclude or attempt to exclude liability.

Title to the Sale of Lot (s)

1. Where the Auctioneer conducts a sale on behalf of a vendor who is either a Receiver or Liquidator of a Limited Company or Trustee in Bankruptcy:
   a) The vendor shall only act as agent on behalf of the Company or Bankrupt and shall be under no personal liability whatsoever in respect of the contract for the sale of any lot (s).
   b) The vendor and the Auctioneers on their behalf only sell whatsoever right, title or interest the Company or bankrupt may have in any lot.
   c) In the event of a third party proving to have a superior title or right to custody or possession of any lot the vendor may rescind the contract of sale and upon return of any deposit and/or purchase price to the purchasers neither the vendor not the Auctioneer shall be under any further liability to the purchaser.

Disputes

1. In the event of any conflict arising between these General Conditions of Sale and any other conditions stated in any literature published by the Auctioneers, these General Conditions shall prevail. All disputes must be raised within 24 hours of collecting the goods or 24 hours of receiving the goods via delivery.

General

1. The Auctioneers have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting its business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in various systems’ capabilities.
2. The Auctioneers have the right to refuse to disclose or discuss any information whatsoever relating to a customer’s account other than the named account holder.

Privacy

1. The Auctioneers will only use the personal information provided to them to provide the auction services, or to inform Buyers and Vendors about similar services which they provide, unless told by such parties that they do not want to receive this information by not providing their email contact information on the Buyer’s Registration Form, or by ticking the relevant box on the relevant web page.

The Auctioneers shall:

1. Only process Personal Data relating to its management (or otherwise) of the auction in accordance with the regulations of the Data Protection Act
2. Only process Personal Data to the extent, and in such manner, as is necessary for the provision of the auction services and/or its obligations under these Terms or as is required by law or any regulatory body;
3. Implement appropriate technical and organisational measures to protect Personal Data against unauthorised or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure. These measures shall be appropriate to the harm which might result from unauthorised or unlawful processing or accidental loss, destruction or damage to Personal Data and to the nature of the Personal Data which is to be protected; and
4. Not perform its obligations hereunder or as otherwise set out in these conditions in such a way as to breach any of its applicable obligations under the Data Protection Act.
5. If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
6. If or to the extent that any of these Terms (as amended from time to time in writing by the Auctioneers) are Terms to which any of the provisions of the Unfair Contract Terms Act 1977 or the Supply of Goods and Services Act 1982 or any subsequent modification or re-enactment thereof apply, then such Terms shall be enforceable only to the extent permitted by those Acts or their subsequent modification or re-enactment and these Terms shall be construed accordingly.
7. If the Auctioneers fail, at any time while these Terms are in force, to insist that the Vendor and/or Buyer perform their obligations under these Terms, or if the Auctioneers do not exercise any of its rights or remedies under these Terms, that will not mean that the Auctioneers have waived such rights or remedies and will not mean that the Vendor and/or Buyer does not have to comply with those obligations. If the Auctioneers do waive a default by the Vendor and/or Buyer that will not mean that the Auctioneers will automatically waive any subsequent default by the Vendor and/or Buyer. No waiver by the Auctioneers of any of these Terms shall be effective unless the Auctioneers expressly says that it is a waiver and the Auctioneers tell the Buyer and Vendor so in writing.
8. A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
9. These Terms shall be governed by English law and the Auctioneers, the Vendor and the Buyer all agree to the exclusive jurisdiction of the English courts.