These terms and conditions set down the terms that relate to vendors, bidders and buyers on which we give lots for sale. Therefore, before you instruct us to sell merchandise or before you bid on goods, you should read them carefully, since they will bind you when we approve your order to sell or on inserting a bid.
The terms of this contract shall be interpreted in the following manner:
1.1 ‘We / Us’ are Alexander Aurelius Auctioneers
1.2‘You’ are the customer (you may be a Bidder, a Buyer or a Seller).
1.3The ‘Seller’ is the person who has posted the products for sale with the auctioneer and has the legitimate and advantageous title to the goods specified in the lot and/or any agent(s) allowed to operate 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 attempt to buy a Lot in compliance with these Terms submitted by a Buyer.
1.6‘a Bidder’ shall refer to any bidder, whether successful or not.
1.7 'Auction' means a public or private sale in which the auctioneer sells goods belonging to the seller to the highest bidder;
1.8 'Buyer Premium' refers to a 24 percent premium that is incurred unless otherwise stated, on the hammer price of all lots.
1.9 ‘Hammer Price’ shall mean the highest bid accepted by us.
1.10‘Goods’ refers to the items submitted for an auction by a Seller (whether one item or a set or group of items).
1.11 ‘Lot’ means any Goods sold at an auction.
1.12 ‘Working Day’ means any day that our Department and auctions are open for business
1.13 ‘VAT’ means Value Added Tax at [the current rate] of the Lot price, unless otherwise indicated;
To the degree that these requirements are incompatible with certain unique conditions,
Special provisions shall prevail under the conditions laid down or alluded to in the auction catalogue or told at the auction.
2. Specific provisions regulating bidding and purchasing
2.1 If a buyer submits an offer to buy some lot(s), the buyer must conclude the deal by providing:
(a) their offer has been approved as the highest value bid for the lot; once the auction has been closed for that lot;
(b) the value of their bid is at least equal to or greater than the minimum reserve price fixed by the seller for the lot (if any).
2.2 The buyer may cancel the contract for the purchase of the lot only if the goods comprising the lot do not significantly agree with the details given in the catalogue of the auction in relation to them and any such question should be raised with the seller and the auctioneer as soon as possible and, in any event, within 10 days of receipt of the goods.
Alexander Aurelius Auctioneers would not be responsible for misleading representations of a lot beyond the key and content elements, such as [a pair of shoes, a toaster, a watch]
Buyers or prospective buyers recognize that any definition outside of a lot's material characteristics, including but not limited to age, source, condition, brand, and that any other descriptions outside of the material characteristics will be of sole opinion. Any lot without a guide to the state would not mean that the lot has no flaws.
No oral or written description of any lot rendered prior to selling shall be treated as a representation of reality outside of the visible and material characteristics of the lot.
2.3 The placing of a bid entitles the auctioneer and any purchaser to depend on the offer as a legitimate offer to buy the items included in the lot.
2.4 The bidder is permitted to inspect the lots. The bidder must email the auctioneer at firstname.lastname@example.org if the bidder wants to see the lots. To schedule a showing of a lot, the buyer must send the auctioneer a minimum of 24 hours' notice. Please be aware that within the final 24 hours of the sale, the auctioneer will not guarantee any showing of any lot. A refundable deposit can be required in order to allow the viewing of lots at the discretion of the auctioneers.
2.5 Any submission for details regarding a lot must be made via email, either through the lot enquiry form for each lot, or by email to email@example.com. Potential bidders must enroll for an auction to obtain details regarding a lot.
3. Conduct of an Auction
3.1 All lot can unless otherwise specified in the auction catalogue, be subject to a minimum reserve price fixed by the seller, which is binding on all bidders.
3.2 At any moment, the auctioneer may deny any offer or refuse to accept any bid from any individual;
3.3 A reservation price may be offered or withheld by the auctioneer at any moment.
3.4 Unless otherwise stated in the auction catalogue, the seller or his agent, or the auctioneer on his behalf, may bid for any lot.
3.5 The auctioneer may remove or split any lot or merge any lot at any time prior to the dropping of the hammer.
3.6 The auctioneer may declare a bidder who submits the highest value offer for any lot the winner before the auction is closed.
3.7 If a bidder submits an offer within 10 minutes or less of the close of an auction, the auctioneer has the opportunity to immediately expand by ten (10) minutes the period within which the bid for a lot will be submitted.
3.8 It is solely at the discretion of the auctioneer holding the auction whether or not any bid is successful. The auctioneer may decide if a disagreement occurs between bidders, summarily evaluate any dispute about which the final bid is or if an auction has been concluded and, if so, at what price; or, in any case, immediately offer the lot for sale again, without offering a purpose.
3.9 The auctioneer shall determine, above all other ways, how to perform the auction without being asked to offer a justification.
3.10 The auctioneer retains the right, in its own discretion, to refuse any bid which the auctioneer thinks does not represent a fair value.
3.11 We cannot be held liable for any errors on the website, problems with registration / accepting bids.
3.12 The item definition should take priority over the pictures. If original photos cannot be included, we reserve the right to use stock / catalogue pictures. When bidding for an object with just a stock picture, care should be used, as the colors and sizes of an item may differ from the item sold. No warranty is issued.
4. After the Sale
4.1 After the auctioneer announces the auction for any Lot to be closed and the Lot to be sold, the Buyer shall immediately arrange to pay by way of direct payment into the nominated bank account of the Auctioneer (details of which shall be provided to the Buyer by the Auctioneer).
4.2 Payments shall be in pounds sterling (£) (unless otherwise indicated).
4.3 All rates are subject to VAT or other relevant duties, distribution and insurance costs, unless expressly stated by the auctioneer (whether in the catalogue or otherwise).
4.4 The purchaser shall pay the following amounts in full to the auctioneer by 5 p.m. the day following the auction.
(a) the balance of the price due for the Lot together with any VAT due (including but not limited to the Buyer’s Premium) and packaging and shipping cost; or
(b) where the final price of the lot has not been decided immediately following the close of the sale, the valuation of the entire or portion of the lot, as summarily determined by the auctioneer, whose decision is final and binding, shall be determined.
(c) method of payments accepted: bank transfer will be required. No other payment methods are accepted.
4.5 If, according to these provisions, the buyer fails to make any payment payable to the auctioneer by the due date for payment, the buyer shall:
to be contacted via email and telephone by the auctioneer;
Pay the Lot's storage costs at £ 20 per lot per day
Pay interest at the rate of 8 percent per annum above the base rate of the Bank of England from time to time on the overdue number. Such interest shall accrue on a regular basis, whether before or after the verdict, from the due date before the final payment of the unpaid sum. The interest shall be charged by the seller along with the overdue sum.
4.6 We shall resell the Lot by public auction or private selling if the Buyer fails to make payment as necessary, which may be as soon as the next business day after the day on which payment is due. The shortfall (if any) resulting from the resale as against the original amount, along with a relotting / admin charge equivalent to 20% of the gross amount of the invoice due as a default liability of the Buyer on the first transaction, shall be deducted from the credit card of the Buyer registered with us.
4.7 Some auctions will be delivery only and in this case:
(a)The Auctioneer will email the Buyer a payment request for the whole order's packaging and shipping charges once the auction has concluded. All customers must pay for shipping by 4.30pm two days after the end of the sale the goods were purchased from. Failure to do this will result in the winning items being re-lotted and ‘no refunds’ will be given.
(b)Shipment of fragile items such as TVs, monitors, glassware etc. will be made via courier if the buyer is willing to accept responsibility for the order in transit.
(c)Standard terms & conditions limit liability to a maximum cover per consignment of £100. Exclusions apply. There will be an option for consignments with a higher value to be fully insured; the price of insurance will be added to the total.
(d)The buyer accepts responsibility in the eventuality of loss, damage or theft of the consignment above the £100 amount if the buyer declines to fully insure the consignment.
(e) In the unlikely case the shipment is lost, damaged or the contains are missing, the buyer must notify the auctioneer within 5 days from the estimated delivery time for loss claims or 3 days from delivery date for damaged and theft claims. We will make the claim with the courier and the buyer will be reimbursed if/when the courier company accepts the claims and transfers the funds to us.
5. Liability of the Auctioneer
5.1 The items sold in each lot are sold as seen, with all flaws and imperfections and any mistakes in the definition which do not apply to the item characteristics, so the auctioneer is not responsible for any defects whatsoever (whether latent or not). Bidders are known to be happy with the state of every lot they are bidding on.
5.2 No written or oral guarantee is given on any lot by Alexander Aurelius Auctioneers or its agents, unless explicitly specified in the summary of the goods. Any product photos promoting any other guarantee are invalid as specified in the definition of the product
5.3 And, please remember that we do not evaluate electrical devices. We may not have any guarantee or representation that electrical products are in working order. Electrical or mechanical device purchasers are recommended to get the products tested before using them by a trained electrician or mechanic. The auctioneer shall not be responsible for any damage resulting from or induced by the usage of those items.
5.4 For the authenticity of any lot, neither the seller nor we are liable. However, the following applies if the customer wants to question the authenticity of a lot:
Any challenge to the authenticity of a Lot must be initiated by the Buyer giving written notice that the Lot is a forgery in his opinion within 14 days after the selling
The Buyer shall return the Lot to us within 28 days of such notice in the same state as at the time of selling followed by documentation (the presumption of proof to be on the Buyer) in order to convince us that, in the light of the entry in the catalog, the Lot is a forgery. The Consumer must still ensure that a successful and marketable title to the Lot will also be passed clear of all third party claims to the Lot.
In this situation, the selling of the lot will be canceled and the purchasing price will be refunded.
The Seller and the Customer agree to be bound by our decisions. We are allowed to request the advice of any professional or other authority before determining whether or not the lot is a forgery.
5.5 Upon auction registration the buyer accepts that a sale by auction is not a consumer sale for the purpose of the Consumer Rights Act 2015 and the buyer shall not seek to rely upon any conditions or warranties implied thereby or by any other legislation, save as set out in section 2 (6) of the Consumer Rights Act 2015.
6. Data Protection
7. Guidance on Registration
7.1 The auctioneer retains the right without warning or redress to deny a bidder's registration to bid.
7.2 The Auctioneer reserves the right to request a deposit from all or any bidders at any time.
7.3 At registration, the bidder must give his full name, and the initials and nicknames are not valid.
8. General Conditions
8.1 We document all our telephone calls. We reserve the right to, in the case of a disagreement, use them as facts.
8.2 All auctions are Business to Business transactions and not a retail transaction.
8.3 Online Auctions are not governed by Consumer Protection (Distance Selling) Regulations 2000 or the Cancellation of Contracts made in a Consumer’s home or place of work Regulations 2008. A buyer can only enact their right to cancel a sale in the event the goods are deemed to be materially different to the description offered. The most current legislation is the Consumer Contracts Regulations 2013 which supersede any previous legislation.
9. Dispute Resolution, Remedies and Set Off
9.1 In any case, the buyer has 10 days to raise a dispute over the good received from receipt of the item. At the earliest chance, but no more than 10 days after receipt, the buyer can alert the seller and auctioneer of any perceived problems.
9.2 Bidders who submit charge backs will be charged the following:
(a) Administrative charge of £250 plus VAT to defend the charge back.
(b) Storage fees shall immediately begin upon receipt of the Charge Back notice from our bank for a period of 28 days at a cost of £ 50 per item per day, plus Vat. We're still going to try to recover all of our premiums.
(c) All Chargebacks will be pursued through the courts.
9.3 The below charges shall be incurred by the Bidder if the Auctioneer has to issues proceedings:
(a) The charges for the solicitor range from £ 150 to £ 250 plus VAT for the issuance of the proceedings;
(b) For the original letter submitted by the solicitor, £25 plus VAT; and
(c) All court fines, including but not limited to £ 90 missed income, commuting expenses and £165 trial fees.
(d) Our court attendance rate for attorneys is £ 300 plus VAT per hour, plus expenses.
(f) For handling a legal claim, our personnel cost is £ 70 plus VAT per hour plus expenses.
Any waiver by us of any violation of this contract shall in no form and shall not be construed as a waiver of any further violations of the same or any other clauses.
We may amend the terms of this contract from time to time. iAs such, it is important that you visit our website for the most up to date version of the terms prior to engaging in an Auction.