Assorted adult leisure/casual wear including H&M and Everlast - New (ESB12)

Legal Terms & Conditions For City Auctioneering Ltd

Conditions binding on all Vendors, Bidders and Buyers

1. These General Conditions of Sale are issued by City Auctioneering 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. 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 17% (plus VAT) which is levied on the Hammer Price of all lots.
• “I-Bidder Buyer’s Premium” refers to the premium of 4% (plus VAT totalling 21% + VAT) which is levied on the Hammer Price of all on-line bids
• “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.
• “Deposit” means the deposit paid by the potential buyer upon Registration or at the request of the Auctioneers of £100 or as notified by the Auctioneers in the Important Sale Information.
• “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 CITY AUCTIONEERING LTD are stored.
• “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 e.g. Valid Passport or Driving License; and
  (iii) the completion and submission of the Buyer Registration Form.
• “Buyer Registration Form” means the form to be completed by all potential buyers prior to bidding in a live 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 V.

4. 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.

5. All Buyers shall register at reception to obtain a buyer's bidding card from the Auctioneers' sale office prior to bidding. Every potential Buyer must register their name and address in order to collect their bidding card. The Auctioneers reserve the right to cancel any purchases by any person who has not complied.

6.1 The Auctioneers will execute commission bids on the Buyers behalf if (a) the commission bid form, downloadable from our website, is completed correctly including full name, address, telephone number and email address, card details and signed and dated. Any missing information will make the form null and void and commission bids will not be executed (b) all commission forms must be received no later than 4.30pm on the Tuesday prior to the sale. The Auctioneers reserve the right to use the card details to initiate payment. The Auctioneers have the right to refuse any commission bids without explanation. Commission bids cannot be accepted on timed auctions.

6.2 Telephone bids must be booked no later than 4.00pm on the Tuesday prior to the sale. Telephone bids will only be accepted on lots with a minimum expected hammer price of £100.00. Telephone bids will be booked on a first come, first served basis. The Auctioneers have the right to take a £200.00 deposit before accepting any telephone bids. The Auctioneers have the right to refuse a telephone bid request without explanation

6.3 A deposit of £100.00, or as specified in the Important Information, will be taken prior to registration on i-bidder by the card you use to register. This deposit will be automatically refunded if the buyers do not purchase any items. If the buyer purchases items and does not pay the balance in full by 12noon the Thursday directly after the sale, an administration fee of £25.00 + VAT will be added to the invoice. In the event of total non-payment all purchases will be cancelled and an administration fee of up to the value of the deposit will be taken from the deposit to cover our costs. We reserve the right to charge the card used to register with i-bidder the full amount owing for the purchases. If the items are paid for in this manner and not collected by the Monday directly after the auction, the items will be entered in to a future sale and all proceeds will be used to cover storage costs. (All storage costs will be charged at £10.00 per item per day from sale day + VAT) A deposit of £100.00 will be taken in the saleroom for all new bidders. This will be automatically refunded where no items have been purchased

7. The Auctioneers reserves the right to withdraw funds equalling the deposit fee from the Buyer’s account using the card details provided by the registrant.

8. The Important Sale Information will be made available to potential buyers on the Auctioneer’s’ website, in the relevant catalogue, on request, and will be on display at the Premises.

Conditions Regulating the Conduct of the Sale (Bidding)

9. 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. No guarantees are given regarding suitability for purpose. Sale of Goods Act 1979 (as amended) doesn’t apply

9.1 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 mis-statement 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. Each buyer, by making their final bid for a lot acknowledges that they have satisfied themselves before bidding as to the physical condition of the lot and whether the lot is damaged or has been repaired, as NO REFUNDS CAN BE GIVEN WHATSOEVER.

Condition reports/extra photos will not be issued on live sale days. Each lot is sold with all faults, imperfections and errors of description. Neither City Auctioneering Ltd nor the vendor are responsible for the authenticity, attribution, genuineness, origin, authorship, date, age, period, condition or quality of any lot.

All statements in the sale catalogue or elsewhere including any verbal statements made by the staff of City Auctioneering Limited are statements of opinion only, and are not to be taken as being or implying representations of fact or part of any contract

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.

9.1A "Spares & Repairs" description explanation assumed:

1. “Recovering or saving abandoned, condemned, damaged, deteriorated, discarded, incomplete, obsoleted, or worn property for recycling, refabricating, restoration, reuse, or scrapping.”
2. “Property that has value in excess of its value as scrap, but is no longer useful for its intended or original purpose.”

9.2. 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.

9.3. 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, mis-description of condition or errors discovered after the fall of the hammer.

10. 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/client’s 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 auctions and salerooms.

11. A Buyers Premium of 17% is levied on the hammer price on all lots unless stated otherwise. Buyer’s Premium is subject to the addition of VAT at the current rate on the total unless stated otherwise.

11.1. An additional Premium of 4% + VAT at the current rate will be added to the hammer price if bidding using the online auction platform.

12. The highest accepted bidder, subject to Vendor's Reserve (if any) shall be the Buyer.

13. Every bidder shall be deemed to act as principal unless there is in force a written acknowledgment by the Auctioneers that he acts as agent on behalf of a named principal.

14. The Auctioneers shall have the right, at its discretion, to refuse admission to the Premises, or attendance at the auctions or to bid online of any person without explanation.

14.1. The Auctioneers reserve the right to refuse to accept bids from any person, without stating a reason.

15. The Auctioneers reserve the right 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 alter lot descriptions, remove items, re-arrange, consolidate or withdraw any lots, or vary the order of the sale prior to the fall of the hammer on live auctions or close of sale on timed auctions.

16. The Auctioneers shall not in any circumstances be obliged to announce any reserve price.

17. No person may advance on any bid less than the sum named by the Auctioneers.

18. A Vendor nor agent may not bid for a lot owned by him. The Auctioneers alone does this but only up to the value of the reserve.

19. No bidding may be retracted unless authorized by the Auctioneers.

20. Under no circumstances may the transferring of any lot (s) from individuals or agents to any other parties be allowed. We will not split any invoices. The person named on the invoice is solely responsible for payment in full

21. Any lots not taken away within the prescribed time shall be re-sold by the Auctioneers without hesitation.

22. In the event of the goods resold under Clause 21 not having been paid for in full by the original Buyer, then the original Buyer will remain liable to pay any shortfall.

Payment & Collection

23. All required payments must be settled in full in sterling (GBP), by way of BAC’s or by credit/debit cards in person only. There is a minimum spend of £10.00 on all card payments, any payments below this value must be in cash or by bank transfer. The Buyer must pay the whole of the purchase price including any VAT, Buyers Premium or any additional Premiums, or the remainder of the purchase price, on or before receipt of the goods purchased.  If the Buyer fails to make payment by 12noon on the Thursday following the auction, or such other time as is specified in the Important Sale Information, the Auctioneers shall have an absolute discretion to cancel the contract of sale, to retain the Deposit, if received, and the terms of clause 24.1 below will apply. Please note we do not accept PayPal payments. We will no longer take the deposit paid from the final invoice total

24.1 If the Buyer does not honour his obligations for payment under clause 23 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:

24.1.1 to rescind the contract for sale of the lot (s) sold to the defaulting Buyer at the auction; and

24.1.2 to retain the Deposit and to pursue the Buyer directly for all monies owed including damages for breach of contract; or

24.1.3 to enter the lot (s) in question to be re-sold at public auction or private sale, the defaulting Buyer will then pay the Auctioneers any resulting deficiency in the purchase price at the first auction after deduction of any part payment and addition of resale costs;

24.1.4 to remove, store (either at the Premises or elsewhere) and insure the lot (s) at the expense of the defaulting Buyer;

24.1.5 to retain that or any other lot (s) sold to the same Buyer at the same or any other auction and release it only after payment of the Hammer Price;

24.1.6 to reject or ignore any bids made by or on behalf of the defaulting Buyer at any future auction;

24.2.1 move the lot (s) (at the risk of the Buyer provided that the Auctioneers will use reasonable care and skill in such a move) to other Premises from that where the Buyer purchased the lot (s); and

24.2.2 any items remaining on the premises after 4.00pm on the Friday of Sale Week will incur a charge of £10.00 per day + VAT per lot from sale day unless prior arrangements with the Auctioneers have been made

24 2.3 all packaging and parts of lots not wanted must be removed from our premises by the buyer. If any part of a lot or any packaging is left behind for us to dispose of we will retain up to the value of the deposit as a clearance charge.

25. Under no circumstances will Credit will be given to Buyers.

26.1 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.

26.2 Goods must be collected directly from the premises between 9.30am and 4.00pm on the Thursday directly after the auction date and 9.00am – 2.00pm on the Friday directly after the auction date unless otherwise stated in the Important Sales Information. The porters will bring the goods to you but are not responsible for loading items into vehicles, trailers etc.

27. 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.

28. 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 viscind 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.

29. 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.

30. 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

31. The Auctioneers do not deliver goods; the Buyer must pay for all items before contacting the Auctioneers to request parcel weights/dimensions for courier collection. The buyer must not organise a courier collection until they have been notified of requested weights and measurements. The auctioneers are not responsible for any recollection charges. The Auctioneers will help to palletise/package goods for collection on behalf of the Buyer, free of charge. Please note we will only address pallets/packages to the buyers registered address, we will not palletise/package collection for third parties. Please be precise when requesting packing as if we have to repackage your items there is a charge of £25.00 + VAT. The Buyer is solely responsible for organising courier collection and must inform The Auctioneers who and when the couriers will be collecting on their behalf. Buyers requesting packaging will not have their deposit refunded until the items have been collected by the courier. The contract will be between the Buyer and the courier company and The Auctioneers have no responsibility for damage or lost items once the items are in the hands of the courier. The Buyer should insure their items as from the fall of the hammer.

Default

32. 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.

33. If upon resale a lower price is obtained for any lot than was obtained on the first sale, the difference in price, together with all costs and charges incurred on the re-sale, shall be a debt due from the Buyer to the Auctioneer.

Insurance & Risk

34. 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.

35. All goods purchased are the Buyer's responsibility from the moment they are sold to him, on the fall of the Auctioneers' hammer. The Buyer should make his own insurance arrangements with effect from that time.

36. Notwithstanding Clauses 43 and 44 above, the Auctioneers will take reasonable care of the goods whilst in their care and in the event of their staff assisting to remove the goods after the sale.

Liability for Accidents

37. 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.

38. 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.

39. 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.

40. 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)

41. 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

42. 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.

General

43. 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.

Privacy

44. 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 (live auctions only). By providing an email address you agree for us to send marketing emails. If you do not wish to receive this marketing information please email to citybidstaff@btconnect.com and request to be removed from the mailing list.

44.1 The Auctioneers shall:

44.2 Only process Personal Data relating to its management (or otherwise) of the auction in accordance with the regulations of the Data Protection Act;

44.3 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;

44.4 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

44.5 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.

44.6 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.

44.7 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.

44.8 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.

44.9 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.

44.10 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.

Special Notices

1.0   The building is a No Smoking area. Smoking is only permitted in the designated areas. Any one breaching the no smoking rule will be asked to leave immediately

2.0   The Auctioneers reserve the right as per the Conditions of Sale to demand Method Statements for Health and Safety reasons prior to the removal of any lots and in any case need indemnification against all claims arising   from purchasers or their agents’ actions

3.0   Children under the age of 18 are not allowed on the premises, unless accompanied by a responsible adult, who will be solely responsible for their safety and any damage they may cause. It is the responsibility of this adult to ensure children are kept under control at all times and do not disturb the auction process by being allowed to run around, crying or calling out in any way and in these events, they must be removed immediately from the auction. Children are not permitted outside of the building or in the toilets unaccompanied.