These Terms & Conditions outline the agreement between Castlers Auctions and all parties involved in the sale and purchase of goods, including vendors, bidders, and buyers. By instructing us to sell goods on your behalf or by placing a bid, you agree to be bound by these terms.

1. Definitions

For the purposes of these Terms & Conditions

1.1 "We" / "Us" refers to Castlers Auctions.

1.2 "You" refers to the customer, whether acting as a Bidder, Buyer, or Seller.

1.3 "Seller" is the individual or entity that has consigned items for sale and holds full legal title to the goods in the lot, or any authorized agent acting on their behalf.

1.4 "The Bidder" is the individual who, whether at a public auction or a private sale, successfully bids for an object.

1.5 "Bid" means an offer to purchase a Lot, made in accordance with these Terms.

1.6 "A Bidder" refers to any individual or entity who places a bid on any lot, whether or not that bid is successful.

1.7 "Auction" refers to any sale—public or private—where goods are sold to the highest bidder by the auctioneer.

1.8 "Buyer’s Premium" means a 24% charge (unless otherwise stated) applied to the hammer price of all lots.

1.9 "Hammer Price" is the final, highest bid accepted by us for a lot.

1.10 "Goods" are the items submitted by a Seller for inclusion in an auction, whether a single item or a group of items.

1.11 "Lot" refers to any individual grouping of Goods offered for sale at an auction.

1.12 "Working Day" means any day on which our offices and auction operations are open for business.

1.13 "VAT" stands for Value Added Tax, charged at the prevailing rate, unless otherwise stated.

Special Conditions

Where any special conditions are included in the auction catalogue or announced prior to or during an auction, those conditions will take precedence over these general Terms & Conditions in the event of a conflict.

2. Specific Provisions Governing Bidding and Purchasing

2.1 When a buyer places a bid on a lot, they agree to complete the purchase under the following conditions:

(a) Their bid is confirmed as the highest offer for the lot once bidding has closed; and

(b) The bid meets or exceeds the reserve price set by the seller, if such a reserve has been established.

2.2 The Buyer may cancel the purchase only if the lot received is materially and demonstrably different from its description in the auction listing. Any claim must be submitted to the Auctioneer and Seller in writing within 10 calendar days of delivery, supported by photographic or other objective evidence. Claims made outside this period will not be considered.

(a) Castlers Auctions is not liable for any misrepresentation of a lot beyond its essential and physical characteristics—for example, identifying the item as *a pair of shoes, a toaster, or a watch*.

(b) Buyers acknowledge that descriptions relating to non-material aspects of a lot—such as age, origin, condition, or brand—are based on opinion and are not guaranteed. The absence of a condition report does not imply that the item is free from defects.

(c) No verbal or written statements made prior to the sale will be considered representations of fact, except in regard to the visible and tangible attributes of the lot.

2.3 By placing a bid, the bidder confirms their intent to purchase the items in the lot, and both the auctioneer and the seller are entitled to treat the bid as a valid and binding offer.

2.4 Bidders are welcome to request an inspection of any lot prior to the auction. To arrange a viewing, the bidder must contact the auctioneer via email at support@castlers.co.uk with at least 24 hours’ notice. Please note that viewings cannot be guaranteed within the final 24 hours before the sale closes.

2.5 All enquiries regarding a lot must be submitted by email—either through the individual lot enquiry form or directly to support@castlers.co.uk. Please note that only registered users will be eligible to receive full details about any lot.

3. Conduct of Auction

3.1 Reserve Price

Unless explicitly stated otherwise in the auction catalogue, all lots shall be subject to a minimum reserve price, as determined by the seller. This reserve price is binding upon all participants and must be met for a sale to be concluded.

3.2 Discretion to Reject Bids

The auctioneer reserves the right, at their sole discretion, to reject any bid or bidder without providing any reason or justification. This includes the authority to exclude individuals from participating in the auction at any time.

3.3 Confidentiality of Reserve

The auctioneer may, at any time, disclose or withhold the existence or amount of a reserve price on any lot, at their discretion.

3.4 Right to Bid by Seller or Agent

Unless explicitly stated otherwise in the auction catalogue, the seller, the seller’s agent, or the auctioneer acting on behalf of the seller, shall be entitled to place bids on any lot.

3.5 Lot Modification

Prior to the conclusion of the auction for any lot, the auctioneer reserves the right to:

(a) withdraw any lot from the auction;

(b) divide any lot into multiple lots; or

(c) combine multiple lots into a single lot.

3.6 Winning Bid Determination

The auctioneer may, at their discretion, declare the highest bidder as the winning bidder for a lot prior to the formal closing of the auction.

3.7 Auction Extension

If a bid is placed within the final four (4) minutes of a lot’s scheduled closing time, the Auctioneer may extend the auction for that lot by a further four (4) minutes, at their discretion, to allow continued bidding.

3.8 Disputes and Resolution

In the event of a dispute between bidders or uncertainty over the final bid or auction result, the auctioneer shall have full discretion to:

(a) determine the winning bidder and sale price;

(b) re-offer the lot for sale; or

(c) void the auction outcome.

All decisions made by the auctioneer in this regard are final and binding.

3.9 Control of Auction Process

The auctioneer shall have full and final authority to control and direct the conduct of the auction, including setting bidding increments and timing. The auctioneer is under no obligation to provide justification for any decisions made.

3.10 Fair Value Assessment

The auctioneer reserves the right to reject any bid they believe does not reflect a fair or reasonable value for the lot offered.

3.11 Technical Issues and Liability

The auctioneer and auction platform shall not be held liable for any technical issues, including but not limited to website errors, registration failures, or disruptions in the bidding process.

3.12 Item Description and Images

In the event of any inconsistency between a lot’s written description and its accompanying images, the accompanying images shall prevail. Wherever possible, we will use actual photographs of the item offered; however, in some cases, stock or catalogue images may be used. Images are for illustration purposes only and may not accurately depict the item’s actual condition, color, scale, or included accessories. The lot may not include all items shown in a stock photo. Use of stock photos does not imply any warranty, express or implied, regarding the item’s appearance or completeness.

3.13 Withdrawal of Goods Subject to Enforcement Action

Where a lot has been consigned by a High Court Enforcement Officer, certificated enforcement agent, or other party acting under a writ of control or equivalent enforcement instrument, the lot remains subject at all times to the underlying enforcement process. The judgment debtor, or any third party with a recognised interest in the goods, may exercise statutory rights — including settlement of the underlying debt or a Part 85 claim under the Civil Procedure Rules — up to and until the moment the sale is completed.

Accordingly, the Auctioneer reserves the right to withdraw any such lot from sale at any time, including after bidding has opened, after the hammer has fallen, or after an invoice has been issued, without prior notice and without any liability to the Bidder or Buyer. In the event of such withdrawal:

(a) any Hammer Price, Buyer's Premium, VAT, or other charges already paid in respect of the withdrawn lot shall be refunded in full;

(b) the Auctioneer shall not be liable for any consequential loss, including but not limited to loss of bargain, lost profit, onward sale commitments, travel costs, or storage costs; and

(c) the Bidder or Buyer waives any claim to specific performance or damages beyond the refund described in (a).

4. After the Sale

4.1 Payment Obligation

Upon confirmation by the Auctioneer that a lot has been sold, the Buyer shall be deemed to have entered into a legally binding contract of sale and must promptly settle the full amount due using one of the accepted payment methods as specified by the Auctioneer. Details of the approved payment options will be provided following the conclusion of the sale.

4.2 Currency

All payments must be made in Pounds Sterling (GBP), unless otherwise agreed in writing by the Auctioneer prior to the sale.

4.3 Additional Charges

Unless expressly stated otherwise in the auction catalogue or by the Auctioneer in writing, all sale prices are exclusive of value-added tax (VAT), applicable duties, packaging, shipping, and insurance costs. These additional charges shall be borne by the Buyer and must be paid in full in addition to the hammer price.

4.4 Payment Deadline and Method

The Buyer must ensure full payment is received by the Auctioneer no later than 5:00 PM on the business day following the date of invoice. Payment shall include:

(a) The total hammer price, applicable VAT, the Buyer’s Premium, and any agreed packaging, shipping, or insurance costs; and

(b) Payment must be made using a method approved by the Auctioneer. While available methods are at the Auctioneer’s discretion, bank transfer will generally be offered as a standard option where feasible.

4.5 Late or Non-Payment

If the Buyer fails to make full payment within the required timeframe:

• The Auctioneer will make reasonable efforts to contact the Buyer using the contact details provided.
• In exceptional or prolonged cases of non-payment, the Auctioneer reserves the right to apply reasonable storage and administrative fees to cover additional handling, storage, and associated costs.
• In cases of overdue payment, the Auctioneer reserves the right to charge interest on the outstanding balance at a rate not exceeding 8% per annum above the Bank of England base rate, calculated daily until full payment is received.

4.6 Resale in Case of Buyer Default

If the Buyer fails to make payment as required, the Auctioneer may, without further notice, resell the lot(s) by public auction or private treaty at the earliest reasonable opportunity.

4.7 Delivery Terms

(a) Delivery of fragile or sensitive items (e.g., televisions, monitors, glassware) will only be arranged through a courier if the Buyer expressly agrees to accept full responsibility for the goods while in transit.

(b) Standard courier services include limited compensation for loss or damage, subject to a maximum cap per consignment. Buyers requiring greater protection may request additional insurance, the cost of which will be quoted and charged separately.

(c) Where the Buyer declines optional insurance coverage, they accept full liability for any loss, damage, or theft exceeding the standard compensation limits.

(d) In the event of delivery-related issues, the Buyer must notify the Auctioneer:

• Within 5 calendar days of the estimated delivery date for claims involving lost shipments; and
• Within 3 calendar days of delivery for claims involving damage or missing contents.

The Auctioneer will submit claims to the courier on the Buyer’s behalf. Compensation, where applicable, will only be provided once the courier has approved the claim and transferred the corresponding reimbursement.

4.8 Delivery Address Confirmation

The Buyer is solely responsible for ensuring that the delivery address provided at the time of registration, or as shown on the invoice, is complete, accurate, and suitable for delivery. The Buyer must review and confirm the address details immediately, and notify the Auctioneer of any corrections at the time of payment at the latest. The Auctioneer accepts no liability for delivery issues, including failed, delayed, or misrouted deliveries, arising from an incorrect or incomplete address provided by the Buyer. Any associated costs—such as re-delivery charges, return shipping, or storage—will be the sole responsibility of the Buyer.

5. Liability of the Auctioneer

5.1 Condition of Lots

All lots are sold “as seen” and “as is,” with all faults, imperfections, and errors of description, whether apparent or latent. The Auctioneer accepts no liability for the condition of any lot, and no warranty is given or implied as to the fitness for purpose, merchantability, or accuracy of any description, unless expressly stated in writing. By placing a bid, the Buyer acknowledges they have either inspected the lot to their satisfaction or waived the right to do so, and accepts the lot “as seen,” with all existing faults and omissions.

5.2 Warranties and Representations

Unless explicitly stated in the lot description, no oral or written representations, warranties, guarantees, or endorsements are made by CYCLEGAM LTD T/A Castlers Auctions or its agents regarding any lot. Any marketing material or photographs suggesting guarantees are to be disregarded unless such guarantees are expressly set out in the official lot description.

5.3 Electrical and Mechanical Items

Due to the large volume and variety of items handled, it is not feasible to test every lot prior to sale. Where testing is carried out, it can only be performed by suitably trained employees and is limited to basic checks. In particular, electrical items that require mains power, power tools, and similar equipment can only be tested by authorised personnel in compliance with health and safety requirements.

Certain items — such as smartphones, tablets, and laptops — may undergo testing where possible. Where testing has been carried out, this will be confirmed in the lot description and will be apparent from the photographs provided, which may include functionality reports.

Unless expressly stated in the listing, the Auctioneer makes no warranty regarding the functionality or safety of any electrical or mechanical item. Buyers of such items are strongly advised to have them examined and tested by a qualified electrician or mechanic before use. The Auctioneer shall not be liable for any damage, injury, or loss arising from the use of such goods, whether due to defect, misuse, or otherwise.

5.4 Authenticity of Lots

The Auctioneer and the Seller do not provide any warranty as to the authenticity of any lot, unless expressly stated in the lot description. However, if the Buyer believes a lot to be a forgery, the following process shall apply:

• The Buyer must notify the Auctioneer in writing of their claim that the lot is a forgery within 7 days of the delivery.
• The Buyer must return the lot, in the same condition as when sold, within 14 days of such notice, along with supporting documentation and expert evidence establishing that the lot is a forgery. The burden of proof lies with the Buyer.
• The Buyer must also confirm that they are able to pass good and marketable title to the lot, free from any third-party claims.

If, after review (which may include seeking independent expert advice), the Auctioneer is satisfied that the lot is a forgery as defined in the auction terms, the sale shall be rescinded, and the Buyer will receive a full refund of the purchase price. All parties agree to be bound by the Auctioneer’s final decision on the matter.

5.5 Retail Price Notice (RRP)

Where stated, the Recommended Retail Price (RRP) is provided for reference purposes only. The RRP reflects the manufacturer’s original suggested selling price and may not represent the current market or sale price. Buyers are advised to conduct their own research into current product values before placing a bid. The Auctioneer accepts no responsibility for any discrepancies between the stated RRP and the item’s actual or prevailing market price.

5.6 Consumer Rights Disclaimer

By registering to bid, the Buyer acknowledges and agrees that the sale of goods by auction does not constitute a consumer sale as defined under the Consumer Rights Act 2015, and the statutory rights normally afforded to consumers under that legislation do not apply, except as provided in Section 2(6) of the Act. The Buyer shall not seek to rely on any implied conditions, warranties, or representations under that or any similar legislation.

6. Data Protection

6.1 The Buyer expressly acknowledges and agrees that, in accordance with the Auctioneer’s Privacy

Policy and applicable data protection legislation, the Auctioneer may collect, process, store, and use the Buyer’s personal data, including but not limited to contact details, transaction history, and feedback related to their dealings with the Auctioneer.

Such data may be shared with third parties, including Sellers, where necessary to:

• Facilitate and complete the transaction;
• Maintain the security, integrity, and reputation of the Auction process;
• Comply with legal or regulatory obligations.

The Buyer consents to this ongoing data usage as a condition of participation in the auction.

6.2 The Auctioneer complies with the UK General Data Protection Regulation (UK GDPR) and the Data

Protection Act 2018 in all aspects of data collection, storage, and sharing. A full copy of the Privacy Policy is available upon request or accessible on our website.

7. Guidance on Registration

7.1 Right to Refuse Registration

The Auctioneer reserves the absolute right, at its sole discretion and without obligation to provide reasons, to refuse or revoke any individual’s registration to bid at any time, whether before or during the auction. No compensation or redress shall be available in such cases.

8. General Conditions

8.1 Call Recording and Evidence

The Auctioneer reserves the right to record all telephone calls for training, monitoring, and evidentiary purposes. In the event of any dispute or disagreement, these recordings may be used as factual evidence to support the Auctioneer’s position. By engaging in telephone communication, the Buyer consents to such recordings.

8.2 Business-to-Business Transactions

All auctions conducted by the Auctioneer are strictly business-to-business (B2B) transactions. Purchases are not deemed consumer sales, and the Buyer warrants that they are acting in the course of a business or trade when participating in any auction.

8.3 Consumer Regulations Disclaimer

Online auctions conducted by the Auctioneer are not subject to consumer protection legislation applicable to distance or off-premises sales, including but not limited to:

• The Consumer Protection (Distance Selling) Regulations 2000
• The Cancellation of Contracts Made in a Consumer’s Home or Place of Work Regulations 2008

These regulations have been superseded by the Consumer Contracts Regulations 2013, which explicitly exclude public auction sales—including those conducted online in real-time—from the right to cancel provisions normally afforded to consumers. The Buyer’s right to cancel shall be strictly limited to instances where the goods received are materially different from their described condition. In all other respects, the Buyer waives any statutory cancellation rights under consumer legislation by registering and participating in the auction.

9.Chargeback and Bank Dispute Policy

9.1 By registering for and participating in auctions, the Buyer enters a binding agreement and agrees to resolve any concerns directly with the Auctioneer prior to initiating any chargeback, payment reversal, or dispute through their bank, card issuer, or payment provider.

9.2 In the event that the Buyer initiates a chargeback or dispute without valid grounds—including but not limited to buyer’s remorse, failure to read the terms, or disputes over items sold “as seen”—the following penalties will apply:

(a) Unfounded Chargeback Fee: £500 + VAT - To cover the Auctioneer’s time, effort, and legal costs in contesting the invalid claim.

(b) Administrative Processing Fee: £250 + VAT - For handling correspondence, documentation, and representation in the dispute process.

(c) Internal Handling Fee: £70 + VAT per hour, plus expenses, for administrative work related to the dispute.

(d) Court Attendance & Legal Fees:

• Solicitor’s letter: £25 + VAT
• Legal filing fee: £150–£250 + VAT
• Trial attendance: £165 minimum
• Legal representation: £300 + VAT per hour

9.3 The Auctioneer’s internal records—including bid logs, payment confirmations, call recordings, item descriptions, and delivery tracking—shall be deemed conclusive evidence in the event of a chargeback dispute and submitted to the payment provider.

9.4 If a chargeback is upheld and the goods are not returned in their original condition, the Auctioneer reserves the right to recover:

• The full sale value of the lot;
• Compensation for any loss or damage to the item.

9.5 Buyers who initiate unjustified chargebacks may be:

• Permanently banned from participating in future auctions,
• Reported to industry blacklists, partner platforms, and payment providers, and
• Pursued through legal action for breach of contract and recovery of damages.

10. Title and Risk Transfer

10.1 Legal title to the lot shall pass to the Buyer only upon full payment of the purchase price and any applicable charges. Risk of loss or damage shall pass to the Buyer at the point of dispatch or collection, whichever occurs first.

11. Force Majeure

11.1 The Auctioneer shall not be liable for any delay or failure to perform any obligation under these Terms & Conditions due to causes beyond their reasonable control, including but not limited to acts of God, natural disasters, cyberattacks, war, strikes, pandemics, or failure of suppliers.

12. Governing Law and Jurisdiction

12.1 These Terms & Conditions shall be governed by and interpreted in accordance with the laws of England and Wales. All disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.