Brand New Patio Heater in Silver RRP £499

Terms and Conditions 

We are a Commercial Auction Company specialising in brand new products. 

We source, import, and manufacture our items which allows us to auction our products for discounted prices. We endeavour to always fulfil won lots, however, it is important to note, that there will be the rare occasions that this may not be the case. We may be unable to supply won lots due to the following reasons: 

• An inaccurate stock list is received from our supplier 
• There is unexpected damaged to the goods upon delivery to us 
• Events outside of our control during the delivery process to us 

In the event of this happening, we will offer a suitable replacement agreed upon by both parties. If there is no suitable replacement, or a replacement cannot be agreed upon or is not wanted by the winning bidder, we will refund the lot in full. 

LOT DESCRIPTIONS

Lot descriptions include detailed description of the item being bid upon. Where applicable these will include, dimensions, colour, materials, finish and the recommended retail price (RRP). RRP’s are subject to fluctuations, however, we will always try our hardest to make sure these are realistic and reflect the current market at that time. We do however, always strongly recommend that all bidders carry out their own research. We endeavour to use actual photos of the lots, however, where this is not suitable or possible, we do use stock images. Please read the descriptions thoroughly before placing a bid. 

DELIVERY/LEAD TIMES 

We use an independent courier service, delivering to UK mainland only. We recognise that in some circumstance, winning bidders may want the Lot delivered outside of the UK. In this scenario, please contact us via email at customerservices@archerandreeves.co.uk where this can be discussed at an additional cost. All other delivery costs can be found in the Lot description. In the event of a bidder winning more than one Lot in one auction, delivery costs may be reduced. 

Some of our auctioned items are held off-site and must first be shipped to us, before then being delivered to the winning bidder. Lead times will be displayed in the Lot description; however, these lead times are estimated only and items may be delivered either before or after the given date. When we receive notification that the item(s) are ready to be dispatched, we will contact the winning bidder to arrange a date for delivery. Item(s) that cannot be delivered due to circumstances on the buyer’s end despite an agreed upon delivery date, will incur extra costs.  

Shipping information is available under each individual Lot description and is important to read upon placing bids. 

We are not a retail company, therefore, all sales sit outside of the Standard Consumer Legislation. 

FINAL PRICE AND PAYMENT

The hammer price for the winning bidder will not be the final price to pay. All winning Lots are subject to a Buyer’s Premium at 20%, Internet Surcharge at 6%, delivery costs, and 20% VAT on the total price. 

You will be notified when a bid has been successful, and a Lot has been won. A pro-forma invoice will be sent which will include a description of the goods that have been won and the total payable amount. Payment must be settled in full within 24 hours upon receipt of the invoice. If payment has not been made within the 24 hours, additional costs will be incurred. 

Furthermore, we reserve the right to charge a late payment surcharge of 5% for any items where the invoice remains outstanding after 24 hours after receipt of invoice. 

If you do not receive an invoice after winning a Lot, please email invoice@archerandreeves.co.uk with INVOICE NOT RECEIVED in the subject line and include the details of your winning lot in the email body. 

Many of our Lots will be sold in multiples due to our commercial status. For clarity, any Lot with a quantity of 2 or more will be listed as such under the current bid price. This means that the bid price will be multiplied by the quantity of the items included in the Lot. 

All payments are to be made by bank transfer, or via the payment link sent with the invoice. We cannot accept card payments over the phone.

NON-PAYMENT

In the event of non-payment 24 hours after the receipt of invoice, the buyer will then have a further 7 days to pay in full which will then include the additional costs incurred through late payment and storage charges on the item(s).  Once the 7 days has expired, the bidder loses their right to the items and the Lot will then be put up for re-auction. In the event of the buyer losing their winning lot due to non-payment, money will still be owed. The buyer will be expected to pay admin fees and the costs of storing their product during the duration that payment was being chased. 

CONTACT

We can always be contacted via email and endeavour to respond within 48 hours. 

For queries or information regarding invoices received or expected to be received from us, please contact invoice@archerandreeves.co.uk

For enquiries about our auctions, please contact enquiries@archerandreeves.co.uk

For customers who have won bids and have any queries, please contact customerservice@archerandreeves.co.uk

For admin support, please contact admin@archerandreeves.co.uk

Terms and Conditions

These are our legal terms and conditions pertaining to the items we sell to you, through i-bidder. These terms apply to any contract between us for the sale of items to you. Please read the terms and conditions carefully and make sure you understand them in full before placing bids on out items. Before placing a bid, you will be asked to accept these terms and conditions and if refusing to accept, will be unable to place bids. 

You can print or save a copy of these terms and conditions for your future reference. 

1. Information About Us

1.1 We are Archer and Reeves Ltd, registered in England and Wales under company registration number 14260930. Our registered office address is 128 City Road, London, EC1V 2NX. We host our auctions on the 3^rd party sale platform i-Bidder. 

1.2 We are a commercial auction company, governed by the Auctions Bidding Agreement Acts 1927 and 1969, as may be amended or replaced if necessary. In particular:

1.2.1 All sales are wholesale and are not made on a retail basis. All transactions are made as business to business sales only.

1.2.2 We do not accept returned products unless in exceptional circumstances and at our sole discretion.

1.2.3 Consumer Protection Legislation is not applicable to our auction sales 

1.2.4 Contact. You may contact us via email at enquiries@archerandreeves.co.uk. If you wish to give us formal notice of any matter in accordance with these terms, please see Clause 16

1. Our Items

2.1 The images of our items are for illustrative purposes only. Please note that lots may include multiple items or items of different colours which will not always be reflected in the images we use of the items. Although we endeavour to be accurate in our illustration of our products, specifications such as colour may not always be an accurate depiction. Your items may differ slightly.

2.2 Our item descriptions include dimensions, weight, and measurements and we aim to be as accurate as possible. However, your items may vary slightly. 

2.3 The packaging of our items may not always be the same as what is shown on the site. 

1. Agreement and Non-Reliance 

3.1 As a user of our auction lots, you confirm that 

3.1.1 You have the authority to bind any business when using our auctions to purchase any items on their behalf 

3.1.2 You are not a consumer for the purpose of any consumer protection legislation, and you will not hold yourself to be a consumer at any given time 

3.2 These terms constitute an entire agreement between you and us which supersedes and nulls any former agreements, promises, contracts, assurances, warranties, representations, and understandings between you and us, be that written and/or oral, relating to its subject matter. 

3.3 When entering into this Contract, you acknowledge that, you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them. 

3.4 You and we both agree that neither of us shall have any claim for negligent or innocent misrepresentation or misstatement based on any statement in this contract. 

1. The Contract

4.1 Before you purchase items through our auction bidding process, you agree to adhere to these Terms and any document referred to within them, as subject to amendment at any time:

4.1.1 You agree not to place a bid for any item that you do not have sufficient funds for and acknowledge that if that bid is successful at auction in securing an item, we reserve the right to refuse your bid. 

4.1.2 You agree that the requirement of this clause 4.1 are reasonable and will be enforceable should it be necessary, as a method of maintaining protection in respect of any payment made or due from you to us. 

4.2 It is your responsibility to check and amend any bidding errors. We cannot accept responsibility for any errors in the bidding process made by you. Please take the time to read and check over your bids. A number of our lots for sale will include multiple items therefore, if you make a successful bid on a lot, the bid price will be multiplied by the displayed number of items. For example, a lot marked as ‘x2’ will contain 2 items, a lot marked x10, will contain 10 items. It is your obligation to ensure you understand and check how many items are included within a lot when placing a bid. In the event of you over-purchasing due to not checking the lot amount, a refund will not be permitted and you will be obligated to pay the full amount. If further clarification is needed, please contact us. 

4.3 Placing a bid does not mean it will be accepted nor that your bid has been successful in purchasing the items bid for. Our acceptance of your bid, and the subsequent successful purchase of the item bid upon, will mean your order will take place as described in Clause 4.4.

4.4. At the end of the auction held by us: 

4.4.1 In most cases, the highest bidder will be the successful purchaser however, we reserve the right to remove the highest bids if the bidder cannot be contacted, is in our reasonable opinion unlikely to pay on time or does not have the sufficient funds or a dispute arises.

4.4.2 Acceptance of the final highest bid is subject to our approval.

4.4.3 If you have placed the highest bid and we have accepted this bid as final, we will confirm our acceptance by sending you an email that confirms your offer to purchase the item(s). This is subject to us having the sufficient stock available to complete your order. The Contract between us and you will only be formed when we send you the email to confirm acceptance of your successful bid and, 

4.4.4 If you have not been successful in placing the highest bid, you will not be progressed further in the auction process and will not be able to purchase the items bid upon, unless your bid becomes the final highest bid as a result of the application of this clause 4.4. 

4.5. Any dispute regarding the auction process will be determined by the relevant auctioneer at his or her sole discretion and this is final and binding. The auctioneer may choose to repeat the auction. 

4.6 If we are unable to supply you with an item due to insufficient stock or the item selling out or due to an error in the pricing on the site, we will inform you by email and we will not process your purchase. If you have already paid for the item(s), we will offer a refund in full, including delivery costs charged within 28 days. 

4.7 We agree reserve prices with our vendors which are confidential, and it is our policy not to publish these. We reserve the right to place a bid on behalf of our vendors up to the agreed reserve price. 

1. Our Bidding Platforms

5.1 We use third party sites to host our auctions. Providers may be changed from time to time. 

5.2 You confirm to us that you will adhere to the Terms and Conditions and Policies of the third-party sites to the extent necessary to use these platforms. In the event of an inconsistency or errors of their Terms, these terms of our company will prevail. 

5.3 It is important to note that these platforms will make your bidding and payment history accessible to all of the auction companies using their site. This may include information of any default payments made by you. We reserve the right to review this information and it may affect your bidding and purchasing with us. If necessary, we can prevent you from taking part in future auction bidding with us using the information from our third party platforms. If further clarification is necessary, please refer to the Terms and Conditions if the relevant host platform. 

1. Title and Risk 

6.1 Risk of items will be passed to you when you receive Confirmation of your Order from us. 

6.2 It is recommended that you acquire reputable insurance for the amount not less than the price you have, or are due to pay, for the item(s) from the time Risk in Item(s) passes to you. 

6.3 Items may be kept at our trading address or elsewhere

6.4 Title to Item(s) shall not pass to you until we receive the full payment, in cleared funds, for the Item(s) set out in the relevant Order. Title shall pass at the time of full payment. 

1. Our Right to Vary These Terms 

7.1 We reserve the right to vary these terms from time to time 

7.2 Each time you place a bid that is successful in purchasing an Order from us, the Terms in force at the time of your Order will apply to the Contract between you and us. 

7.3 We may revise these Terms as they apply to your Order from time to time to reflect changes in relevant laws and regulatory requirements. 

7.4 If we have to revise these Terms as they apply to your Order, we will contact you to give you reasonable notice of the changes of the Terms and give you an opportunity to cancel the Contract if you are not happy with the changed Terms. This applies to all affected items or just the items you are yet to receive. If you opt to cancel, you will have to return the item(s) at our cost, and we will arrange a full refund of the returned item(s). 

1. Delivery 

8.1 Some auctioned goods are stored off-site and delivered to our premises once the auction ends. This includes goods from overseas locations. For goods held overseas, an approximate date of availability will be given in the Lot description, which is your obligation to check. 

8.2 There are a number of factors that can impact on the lead time, including but not limited to:

8.2.1 delayed arrival into the UK port

8.2.2 customs check on arrival 

8.2.3 delay in manufacture of the product which then impacts the shipping time

8.3 Occasionally, delivery to you may be impacted by an Event Outside of Our Control. See Clause 15 for our responsibility when this happens. 

8.4 We will contact you for delivery arrangements once we have a confirmed delivery date. If no-one is at home to take delivery on the day of delivery, the courier can be contacted to re-schedule. If you fail to contact them regarding a redelivery or do not collect the item(s) from the courier’s depot, the items will be returned to us. It is your obligation to contact us to re-arrange a delivery to you. Items returned to us after a failed delivery attempt will be subject to storage charges that accrue daily in accordance with Clause 10. Subsequent delivery attempts will also incur further delivery costs. 

8.5 Delivery of an Order will be complete once we deliver the item(s) to an address supplied by you to us.   

8.6 We do not offer a collection service for items purchased by you. 

8.7 If you wish to change your delivery, you should contact customerservice@archerandreeves.co.uk. We cannot guarantee that delivery changes after the initial delivery confirmation can be made, but we will do what we can to reasonably assist you. 

8.8 You own the item(s) once you pay in full, including the delivery charges. 

8.9 If you have moved house, or require your item(s) to be sent to a different address, you must contact us at customerservice@archerandreeves.co.uk so we can amend the address on the shipping platform we use. This must be done before dispatch. 

1. International Delivery 

9.1 We typically only deliver to mainland UK destinations.

9.2 If you require international delivery, please contact enquiries@archerandreeves.co.uk before purchasing where we can assist with international delivery at an extra cost. This is not guaranteed, and we reserve the right to refuse delivery internationally. 

1. Price of Items, Delivery Charges and Storage Charges

10.1 The price of items will be:

10.1.2 The highest final bid placed by the close of auction for that item; 

(a)   26% of the final highest bid if payment in full is made within 24 hours after the invoice has been sent from us and received by you 

(b)  26% of the final highest bid plus a late payment surcharge of 5% of the final highest bid if payment in full is made after 24 hours of the receipt of invoice from us to you and;

10.2 We reserve the right to;

10.2.1 Charge you a reasonable storage fee if an item is returned to us after a failed delivery attempt and from the time that risk passes to you under Clause 6.1 until actual delivery in accordance with Clause 8. Storage fees are currently £1 per day for small items, £5 per day for medium items and £10 per day for large items. The size of items is determined by us and cannot be disputed; and

10.2.2 Resell or dispose of all or parts of the items, if, after 30 days in storage, you have failed to take delivery of the items and at which point you no longer have a claim to the goods. After deducting storage costs, administrative costs and buyer’s premium, we will account to you for any excess over the price of the items or charge you for any shortfall below the price of the item, full details of which are set out in Clause 12

10.3 We take care to ensure that any Recommended Retail Price (RRP) attributed to an item is correct at the time of entering the item onto the auction system. It is your responsibility to check and verify such information which is provided by us in good faith and to be used as a guide only. 

10.4 The price of an item excludes VAT, which will be added where applicable at the applicable current rate chargeable in the UK at that time. If the rate of VAT changes between the date of your Order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the items in full before the change in VAT takes effect. 

10.5 If we mistakenly accept and process your order where the price is an obvious and unmistakeable error, and could have been reasonably recognised by you, we may cancel your order and refund any sums paid by you within 28 days. 

10.6 In the event that any item you take delivery of is a deliberate forgery, you must follow the process below:

10.6.1 You must notify us immediately of the suspected forgery, and no later than 7 days after the date of delivery;

10.6.2 You must organise a return of the item to us within 14 days of serving such notice, along with evidence that is able to satisfy us that the item is a deliberate forgery. For clarity, the burden of proof will be on you to show that the item is a forgery;

10.6.3 If we are satisfied that the item is a forgery, the sale will be rescinded and you will be refunded in full for the price you paid for the item. In the event that you do not notify us within sufficient time, we cannot refund you for the price of the item and will have no further liability to you. We will however, offer reasonable assistance in any claim you wish to bring against the vendor of the item. 

10.7 If you are dissatisfied with your Order, you have 14 days to notify us that you would like to return the item:

10.7.1 You must return the item to us, 7 days after you have notified us that you are dissatisfied with the Order

10.7.2 We will provide a full refund of the item if it has been returned within the sufficient time period, as described in the auction and unopened

10.7.3 If the item has been opened, refunds or credit will not be issued

10.7.4 If you notify us after the 14 day cooling off period, you will be issued credit to use in our future auctions

10.7.5. This credit will be applied to your account to be used in future auction held by us

1. How to Pay

11.1 We offer payment to be made by online payment link for credit and debit cards, bank transfers, and most credit cards. 

11.2 We do not accept American Express (AMEX)

11.3 Bank surcharges may apply to your chosen method of payment 

11.4 In accordance with Money Laundering Regulations and the Criminal Justice Act 1993, we do not accept cash payments exceeding £5,000 for any invoice. 

11.5 Payment for Orders and all delivery charges are required in advance. You agree that we may charge the credit or debit card that you register with us upon registration in payment of any invoice that we issue to you. 

11.6 We cannot accept payment over the phone. 

1. Breach of Contract

12.1 All items sold but not paid for within 7 days of the receipt of invoice will incur storages charges at the rates set out in Clause 10.2.1. We, nor any third parties, are responsible for any theft, loss or damage occurring during this period. All items stored by us due to non-payment are at your risk. 

12.2 We shall be relieved of our contractual obligations if performance is prevented, frustrated, impeded, or delayed directly or indirectly by or in consequence of any default by you. In the event of this happening, such items will be re-listed for sale by auction and the deficiency arising (if any) arising from the re-sale, together with expense, will be a debt due by you from default of the first sale. 

12.3 If a debt remains owed to us after any deductions have been taken from sums held, we reserve the right to pass on any data we hold to a third party for the lawful and legitimate purpose of recovering any such sums from you. 

1. Guarantees, Warranties and Inspection 

13.1 As a ‘Wholesale Business;’

13.1.1 We do not warrant nor guarantee any items 

13.1.2 When an issue is brought to our attention, we will make all reasonable endeavours to bring this to the attention of all future bidders. For example, in the case of a damaged or fault item up for auction. 

1. Our Liability to You

14.1 We only supply the items for use by your business

14.2 Nothing in these Terms limits or excludes our liability for

14.2.1 death or personal injury caused by our negligence

14.2.2 fraud or fraudulent misrepresentation by us; or 

14.2.3 breach of the terms implied by Section 12 of the Sale of Goods Act 1979 (Title and Quiet Possession) 

14.3 We will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, arising under or in connection with the contract for;

14.3.1 any loss of profits, sales, businesses, or revenue;

14.3.2 loss or corruption of data, information of software;

14.3.3 loss of business opportunity;

14.3.4 loss of anticipated savings;

14.3.5 loss of goodwill; or

14.3.6 any indirect or consequential loss. 

14.4 Our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £100 OR 10% of the price of items. 

14.5 Except as expressly stated in these Terms, we do not give any representation, warranties, or undertakings in relation to the items. Any representation, condition or warranty which might be implied or incorporated into these Terms by statue, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring the items are suitable for your purposes. 

1. Extents Outside Our Control 

15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below as:

15.2 An Event Outside Our Control means any act or event beyond our reasonable control, including but not limited to

• Non-performance or delayed performance by our suppliers, subcontractors or carriers (including, without limitation, delays in production, loading shipping and customs and clearance issues)           
• Strikes, lock-outs or other industrial actions by third-parties
• Civil commotion
• Riot 
• Invasion
• Terrorist attack or threat of terrorist attack
• War (whether declared or not) or threat or preparation of war 
• Fire
• Explosion
• Storm
• Flood
• Earthquake
• Subsidence
• Epidemic or other natural disaster
• Failure of public or private telecommunications networks
• Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. 

15.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

15.3.1 We will contact you as soon as reasonably possible to notify you and 

15.3.2 Our obligations under a Contract will be suspended and the time for our performance of the Contact obligations will be extended for the duration of the Event Outside of Our Control. Where this effects the delivery of the item to you, we will arrange an alternative delivery date to you after the Event Outside Our Control is over. 

15.3.3 Where the Event Outside Our Control affects our delivery of item(s) to you, we will, at our sole discretion, offer one of the following options to you:

(a)   Arrange a new delivery date with you after the Event Outside Our Control is over

(b)  Provide you with alternative item(s) of equivalent quality and value as a replacement for the items which you have ordered 

(c)   Provide you with a credit note to the value of the item(s) you have ordered which may be used against future purchases in full and final refund for the items. 

1. Communications Between Us 

16.1 When we refer to ‘in writing’ in these Terms, this includes emails 

16.2 Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post, or other next working day delivery service or email. 

16.3 A notice or any other communication may be deemed to have been received if: delivered personally, when left at our registered office, if sent by pre-paid first class post or other next working day delivery service, at 9:00am on the second business day after posting or if sent by email, one Business Day after transmission. 

16.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post, and in the case of an email, that such email was sent to the specified email address of the addressee. 

16.5 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action. 

1. Other Legal Terms

17.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect you rights or our obligations under these Terms. 

17.2 You may only transfer your rights or obligations under these Terms to another person if we agree in writing. 

17.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. 

17.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authorities decide that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect. 

17.5 If we fail to insist that you perform any of your obligations under these
Terms, or if we do not enforce our rights against you, or if we delay in
doing so, that will not mean that we have waived our rights against you and
will not mean that you do not have to comply with those obligations. If we
do waive a default by you, we will only do so in writing, and that will not
mean that we will automatically waive any later default by you.

19.6 A Contract and any dispute or claim arising out of or in connection with it
or its subject matter or formation (including non-contractual disputes or
claims) shall be governed by and construed in accordance with the law of
England.

19.7 We both irrevocably agree that the courts of England shall have exclusive
jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).