TERMS OF SALE FOR ONLINE TIMED AUCTIONS
Please note that if you register to bid and/or bid at auction this signifies that you agree to and will comply with these Terms of Sale for Online Timed Auctions.
Please note that these Terms of Sale for Online Timed Auctions relate to auctions conducted online only. We have separate terms for auctions conducted by an Auctioneer.
1. Definitions and interpretation
1.1 To make these Terms of Sale for Online Timed Auctions easier to read, we have given the following words a specific meaning:
means Essex Auction House Limited, a company registered in England and Wales with registration number 12413870 and whose registered office is located at 55 High Street, Epping, Essex, CM16 4BA or its authorised Auctioneer, as appropriate;
means a person who places a bid for Goods at our auction;
means the bidding platform on which the online auction is held operated by the Auctioneer, or by a third party service provider on the Auctioneer’s behalf;
‘Bidding Platform Fee’
means the bidding platform on which the online auction is held operated by the Auctioneer, or by a third party service provider on the Auctioneer’s behalf;
means the person who makes the highest bid for the Goods accepted by the Auctioneer;
means the Commission that we charge you on the sale of the Goods as set out in Clause 5 below;
means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession;
‘Consumer Contracts Regulations’
means the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;
means: (a) an imitation made with the intention of deceiving as to authorship, origin, date, age, period, culture or source; (b) which is described in the catalogue as being the work of a particular creator without qualification; and (c) which at the date of the auction had a value materially less than it would have had if it had been as described;
means the Financial Conduct Authority;
means the Goods that have been consigned to us for sale at our auction;
means the total of the Hammer Price, Premium, Shipping Costs (if applicable) and any applicable VAT;
means a listing of Goods for sale on the Website or Bidding Platform;
means the period during which Bidders may place bids to purchase a Lot;
means the premium charged to the Buyer on the sale of the Goods in accordance with the Terms of Sale;
means the total of the Hammer Price, Premium and any applicable VAT;
means the Price less the Commission, the Premium, any expenses incurred to your account and any applicable VAT;
means the minimum price at which the Goods may be sold;
means the owner of the Goods and any agent who consigns the Goods for sale on the owner’s behalf (if applicable);
means the charges applied to the shipping of all Goods purchased, should the Buyer ask for Essex Auction House shipping agent to deliver the Goods (if applicable);
‘Terms of Consignment for Online Auctions’
means these Terms of Consignment for Online Auctions;
‘Terms of Sale for Online Auctions’
means the Terms of Sale for Bidders or Buyers at our online only auctions;
means a Seller who is acting for purposes relating to that Seller’s trade, business, craft or profession, whether acting personally or through another person acting in the Trader’s name or on the Trader’s behalf (such as an agent and/or the Auctioneer);
means any value added tax or equivalent sales tax; and
means our Website available at www.essexauctionhouse.co.uk
In these Terms of Sale for online auctions the words ‘you’, ‘yours’, etc. refer to you as the Buyer. The words ‘we’, ‘us’, etc. refer to the Auctioneer. Any reference to a ‘Clause’ is to a clause of these Terms of Sale unless stated otherwise.
2. Information that we are required to give to Consumers
2.1 A description of the main characteristics of a Lot is contained in the Listing for that Lot. This description will also be contained in the Bid Results Confirmation referred to in Clause 6.
2.2 Our name, address and contact details as set out herein on our Website.
2.3 The technical means for concluding the contract to buy Lots are set out in Clause 3.
2.4 The Price of the Goods and arrangements for payment as described in Clauses 4, 5, 6 and 9.
2.5 The arrangements for collection or delivery of the Goods as set out in the Bid Results Confirmation email and in Clauses 10 and 13.
2.6 Your right to cancel your purchase of a Lot and to receive a refund as set out in Clause 11 (provided you return the Lot to us at your own cost)
2.7 Your right to return a Lot and receive a refund if the Lot is a Deliberate Forgery as set out in Clause 16.
2.8 We and Trader Sellers have a legal duty to supply Lots to you in accordance with these Terms of Sale for Online Auctions.
2.9 If you have any complaints, please send them to us directly at firstname.lastname@example.org.
3. Bidding procedures and the Buyer
3.1 You must register your details with us and login to our Website / the Bidding Platform before bidding and provide us with any requested proof of identity and billing information, in a form acceptable to us. You must also satisfy any security arrangements we have in place before using our online auction room to bid on any Lot.
3.2 The Bidder placing the highest bid for a Lot accepted at the time the specific lot closes, will be the Buyer at the Hammer Price. Any dispute about a bid will be settled at our discretion. We will act reasonably when deciding how to settle the dispute.
3.3 Bidders will be deemed to act as principals, even if the Bidder is acting as an agent for a third party.
3.4 We may refuse to accept any bid if it is reasonable for us to do so.
3.5 Bidding increments will be at our sole discretion (but will be in line with standard auction practice).
4. The purchase Price
As the Buyer, you will pay:
a. the Hammer Price;
b. a Premium of 22.5% plus VAT of the Hammer Price.
c. any artist’s resale right royalty and/or Bidding Platform Fee payable on the sale of the Lot; and
d. any VAT due.
5.1 You shall be liable for the payment of any VAT applicable on Hammer Price, Premium and Shipping Costs (if applicable) due for a Lot. Please see the Listing for that Lot and the VAT guidelines provided on our Website and/or Bidding Platform for further information.
5.2 We will charge VAT at the current rate at the date of the online auction.
6. Order confirmation process
6.1 Once we have received your successful bid on a lot, you will receive an automated confirmation of bid. Please note, this does not mean that your bid was successful in purchasing the lot or that a contract has been made with the seller. Should you be outbid, prior to closure of the lot, you will receive an automatic email informing you of this, which gives you the option to increase your bid.
6.2 If you are the highest bidder once a lot has closed, you will receive an automated notification of your bid(s) – a Winning Notification email. The Lot will be ready for you to collect at the given location following our receipt of the total amount due from you in cleared funds. The contract between the Seller and you (the “Contract”) will only be formed when we send you confirmation of your bid results. Your automated confirmation will include the following information:
6.2.1 the auction name/ auction number/ auction date
6.2.2 the lot number you have bid on and a description of the lot
6.2.3 the hammer price for the lot(s)
6.3 We will send you a further email which includes your invoice and details setting out how you can pay for your items. The email will include:
6.3.1 the auction name/ auction number/ auction date
6.3.2 a link to your invoice
6.3.3 details about how you can pay online for your lots
6.3.4 information about Essex Auction House’s Shipping Service and collection of your items
6.4 Your invoice will include the following information:
6.4.1 the auction name/ auction number/ auction date
6.4.2 the lot number you have bid on and a description of the lot
6.4.3 the hammer price for the lot that you have successfully bid for plus the Premium and any applicable VAT
6.4.4 information about how to pay
6.4.5 our address and contact details
7. The contract between you and the Seller
7.1 As set out at Clause 6 above, we will confirm acceptance of your successful bid for a Lot by sending you a Bid Results Confirmation email. The contract for the purchase of the Lot between you and the Seller will be formed when we send you the Winning Notification email, unless due diligence information required by us under the Money Laundering Regulations 2019 in accordance with our internal procedure remains outstanding, in which case the contract will be formed when that information is accepted by us as complete.
7.2 You may directly enforce any terms in the Terms of Consignment for Online Auctions against a Seller to the extent that you suffer damages and/or loss as a result of the Seller’s breach of the Terms of Consignment for Online Auctions.
7.3 If you breach these Terms of Sale for Online Auctions, you may be responsible for damages and/or losses suffered by a Seller or us. If we are contacted by a Seller who wishes to bring a claim against you, we may at our discretion provide the Seller with information or assistance in relation to that claim.
7.4 We normally act as an agent only and will not have any responsibility for default by you or the Seller (unless we are the Seller of the Lot).
7.5 We reserve the right to cancel the Contract on behalf of the Seller in (amongst others) the following situations, without being liable for any damage or costs:
7.5.1 Your contact or billing information is not correct or not verifiable
7.5.2 You have failed to provide us, on request, with proof of your identity, in a form acceptable to us (and any other information that we require in order to comply with our anti-money laundering obligations;
7.5.3 your bid is flagged up by our security systems as an unusual bid or a bid susceptible to fraud, or
7.5.4 your payment is not received within five days of our acceptance of your bid.
8. Data check
When you submit a successful bid, we may run some checks on it before it is fulfilled. These checks may include verifying your address, creditworthiness, and checking for fraud. As to the latter, we run partly automated checks on all bids to filter out unusual or suspect transactions, or transactions which can be identified as susceptible to fraud. Suspected fraud on our online auctions will be investigated and if necessary prosecuted. By submitting your bid, you agree to this.
9.1 Immediately following your successful bid on a Lot you will:
9.1.1 give to us, if not already provided to our satisfaction, proof of identity in a form acceptable to us (and any other information that we require in order to comply with our anti-money laundering obligations); and
9.1.2 pay to us the total amount due in any way that we agree to accept payment on our Website or the Bidding Platform.
9.2 If you owe us any money, we may use any payment made by you to repay these debts.
10. Title and collection of purchases
10.1 Once you have paid us in full the total amount due for any Lot, ownership of that Lot will transfer to you. You may not claim or collect a Lot until you have paid for it.
10.2 You will (at your own expense) collect any Lots that you have purchased and paid for not later than 5pm on the Wednesday following week of the auction, or such later date as is specified on our Website.
10.3 If you agree to the Auctioneer delivering the Goods, only when the full Shipping Costs have been paid will the Goods be dispatched. We reserve the right that some Lots will not be suitable for an automated shipping estimate and will require bespoke quotes from the shipping agent.
10.4 Should you decide to use the delivery service, you thereby agree to allow us to share relevant personal data that we hold with the shipping agent in order to allow effective communication between the shipping agent and you, and to enable delivery.
10.5 If you do not collect the Lot within this time period under clause 10.2, you will be responsible for any reasonable removal and storage charges (£10 per day / per lot) in relation to that Lot.
10.6 Risk of loss or damage to the Lot will pass to you when you (or your agents) take physical possession of the Lot.
10.7 If you do not collect the Lot that you have paid for within thirty days after the auction, we may sell the Lot. We will pay the Proceeds of any such sale to you but will deduct any storage charges or other sums that we have incurred in the storage and sale of the Lot. We Reserve the right to charge you a selling Commission at our standard rates on any such resale of the Lot.
11. Right to cancel
11.1 If you are contracting as a Consumer and the Seller of a Lot is a Trader, you will have a statutory right to cancel your purchase of that Lot if you change your mind for any reason. The provisions below set out your legal right to cancel. Further advice about your legal right to cancel your purchase is available from your local Citizens Advice Bureau or Trading Standards office.
11.2 You may cancel your purchase at any time from the date of the Winning Notification email up to the end of the fourteenth day after the day of collection of the Lot by you, or the person specified by you for collection.
11.3 To cancel your purchase, you must inform us of your intention to cancel it. The easiest way to do so is to email us at email@example.com. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you send us the email or we receive the letter for you.
11.4 If you exercise your right to cancel your purchase, you will receive a refund of the Total Amount Due paid for the Lot in accordance with Clause 12. When exercising the cancellation right, you must return the Lot to us immediately at your own cost (as set out below).
11.5 You are entitled to a reasonable opportunity to inspect the Lots (which will include removing them from their packaging and inspecting them). At all times, you must take reasonable care of the Lots and must not let them out of your possession. If you are in breach of your obligations to take reasonable care of the Lots in this Clause, we will have a claim against you and may deduct from the refund costs incurred by us as a result of the breach.
11.6 Details of this statutory right, and an explanation of how to exercise it, are also provided in the Order Confirmation. This provision does not affect your statutory rights.
11.7 The cancellation right described in this Clause is in addition to any other right that you might have to reject a Lot, for instance because it is a Deliberate Forgery as set out in Clause 16.1 below.
12. Exercising the right to cancel
12.1 Where you have validly returned a Lot to us under your right of cancellation described in Clause 11, we will refund the full amount paid by you for the Lot.
12.2 Please note that we are permitted by law to reduce your refund to reflect any reduction in the value of the Lot, if this has been caused by your handling of the Lot in a way contrary to the conditions specified in these terms or which would not be permitted during a pre-sale exhibition held prior to an auction. If we refund you the price paid before we are able to inspect the Lot and later discover you have handled the Lot in an unacceptable way, you must pay us an appropriate amount.
12.3 You will be responsible for returning the Lot to us at your own cost.
12.4 We will process any refund due to you within the deadlines below:
12.4.1 if you have collected the Lot but have not returned it to us: fourteen days after the day on which we receive the Lot back from you or, if earlier, the day on which you provide us with evidence that you have sent the Lot back to us; or
12.4.2 if you have not collected the Lot or you have already returned the Lot to us: fourteen days after you inform us of your decision to cancel the Contract.
12.5 We will refund you using the same means of payment that you used for the transaction.
12.6 Legal ownership of a Lot will immediately revert to the Seller if we refund any such payment to you.
12.7 For further information on how to return Lots to us, please get in touch with us at www.essexauctionhouse.co.uk
13. Remedies for non-payment or failure to collect purchases
13.1 Please do not bid on a Lot if you do not intend to buy it. If your bid is successful, these Terms of Sale for Online Auctions will apply to you. This means that you will have to carry out your obligations set out in these Terms of Sale for Online Auctions. Subject to any cancellation of a purchase under Clauses 11 and 12, if you do not comply with these Terms of Sale for Online Auctions we may (acting on behalf of the Seller and ourselves) pursue one or more of the following measures:
13.1.1 take action against you for damages for breach of contract;
13.1.2 reverse the sale of the Lot to you and/or any other Lots sold by us to you;
13.1.3 resell the Lot by auction or private treaty (in which case you will have to pay any difference between the Price you should have paid for the Lot and the Price we sell it for as well as the charges outlined in Clause 10.7). Please note that if we sell the Lot for a higher amount than your winning bid, the extra money will belong to the Seller;
13.1.4 remove, store and insure the Lot at your expense;
13.1.5 if you do not pay us within five business days of your successful bid, we may charge interest at a rate not exceeding 1.5% per month on the total amount due;
13.1.6 keep that Lot or any other Lot sold to you until you pay the total amount due, including Shipping Costs where applicable;
13.1.7 reject or ignore bids from you or your agent at future auctions, suspend your ability to place bids on the Bidding Platform and/ or impose conditions before we accept bids from you; and/or
13.1.8 if we sell any Lots for you, use the money made on these Lots to repay any amount you owe us.
13.2 We will act reasonably when exercising our rights under Clause 13.1. We will contact you before exercising these rights and try to work with you to correct any non-compliance by you with these Terms of Sale for Online Auctions.
14.1 The Seller warrants to us and to you that:
14.1.1 the Seller is the true owner of the Lot for sale or is authorised by the true owner to offer and sell the Lot at auction;
14.1.2 the Seller is able to transfer good and marketable title to the Lot to you free from any third party rights or claims; and
14.1.3 as far as the Seller is aware, the main characteristics of the Lot set out in the Listing for the Lot are correct.
14.2 If, after you have placed a successful bid and paid for a Lot, any of the warranties above are found not to be true, please notify us in writing. Neither we nor the Seller will be liable to pay you any sums over and above the total amount due and we will not be responsible for any inaccuracies in the information provided by the Seller except as set out below.
14.3 If you purchase a Lot as a Consumer from a Seller that is a Trader, a number of additional terms may be implied by law in addition to the Seller’s warranties set out at Clause 14.1 (in particular under the Consumer Rights Act 2015). These Terms of Sale for Online Auctions do not seek to exclude your rights under law as they relate to the sale of these Lots.
14.4 Save as expressly set out above, all other warranties, conditions or other terms which might have effect between the Seller and you, or us and you, or be implied or incorporated by statue, common law or otherwise are excluded.
15. Descriptions and condition
15.1 Our descriptions of the Lot will be based on: (a) information provided to us by the Seller of the Lot (for which we are not liable); and (b) our opinion (although it is likely that we will not be able to carry out a detailed inspection of each Lot).
15.2 Representations or statements by us as to authorship, genuineness, origin, date, age, provenance, condition or estimated selling Price involve matters of opinion. We undertake that any such opinion will be honestly and reasonably held and accept liability for opinions given negligently or fraudulently.
15.3 Please note that many of the Lots that you bid on at our auction are second-hand and Lots are unlikely to be in perfect condition. Lots are sold ‘as is’ (i.e. as you see them at the time of the auction). Neither we nor the Seller accept any liability for any condition issues affecting a Lot if such issues are included in the description of the Lot in the Listing, are included in the condition report for the lot, or are revealed by photographs of the Lot appearing on the Listing.
16. Deliberate Forgeries
16.1 You may return any Lot which is found to be a Deliberate Forgery to us within thirty days of the auction provided that you return the Lot to us in the same condition as when it was released to you, accompanied by a written statement identifying the Lot from the relevant catalogue description and a written statement of defects.
16.2 If we are reasonably satisfied that the Lot is a Deliberate Forgery, we will refund the money paid by you for the Lot (including any Premium and applicable VAT) provided that if:
16.2.1 the catalogue description reflected the accepted view of experts as at the date of the auction; or
16.2.2 you personally are not able to transfer good and marketable title in the Lot to us, you will have no right to a refund under this Clause.
16.3 If you have sold the Lot to another person, we will only be liable to refund the Price that you paid for the Lot. We will not be responsible for repaying any additional money you may have made from selling the Lot.
16.4 Your right to return a Lot that is a Deliberate Forgery does not affect your legal rights and is in addition to any other right or remedy provided by law or by these Terms of Sale for Online Auctions.
17. Our disclaimers and liability to you
17.1 The Website and the Bidding Platform are provided by us or our service providers without any warranties or guarantees. All users of our Website and/or the Bidding Platform bear the risks associated with the use of the internet.
17.2 Both our Website and the Bidding Platform provides content from users, internet sites or resources. While we try to ensure that material included on our Website and/or the Bidding Platform is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. Except as expressly set out herein, we will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems users may experience with the Website and/or the Bidding Platform. If we are informed of any inaccuracies in the material on our Website or the Bidding Platform we will attempt to correct the inaccuracies or ask our service providers to do so as soon as we reasonably can.
17.3 You acknowledge that the Website and the Bidding Platform are provided as is for public use, subject to registration. Registration is free of charge and as such we have no responsibility to users of our Website and/or the Bidding Platform for any downtime or errors on our Website or the Bidding Platform. If, because of errors on our Website and/or the Bidding Platform an auction cannot be completed, our only responsibility to you is to enable Sellers to re-list Goods once our Website and/or the Bidding Platform is back up. In particular, we will not be liable for any loss of opportunity or disappointment suffered as a result of participating in our online auction. We will not be liable for any loss of opportunity or disappointment suffered as a result of participating in our online auction.
17.4 In addition, neither we nor the Seller shall be responsible to you, and you shall not be responsible to the Seller, or us for any loss or damage any of us suffer that is not a foreseeable result of any of us not complying with the Terms and Conditions for Online Auctions. Loss or damage is foreseeable if it is obvious that it will happen or if at the time of the sale of the Lot, we, you and the Seller knew it might happen.
17.5 Subject to Clause 17.6, if we are found to be liable to you for any reason (including, amongst others, if we are found to be negligent, in breach of contract or to have made a misrepresentation), our liability will be limited to the total purchase price paid by you for any Lot.
17.6 Notwithstanding the above, nothing in these Terms of Sale for Online Auctions limits the liability of us or employees or agents for:
17.6.1 death or personal injury resulting from negligence (as defined in the Unfair Contract Terms Act 1977);
17.6.2 fraudulent misrepresentation; or
17.6.3 any liability which cannot be excluded by law.
18.1 All notices between you and us regarding these Terms of Sale for Online Auctions must be in writing and either from your registered email address, our email address, or if in hard copy letter, signed by or on behalf of the party sending it.
18.2 Any notice referred in Clause 18.1 may be given:
18.2.1 by delivering it by hand; or
18.2.2 by first class pre-paid post or recorded delivery; or
18.2.3 by email.
18.3 Notices must be sent:
18.3.1 by hand or registered post;
a. to us, at our address set out in these Terms of Sale for Online Auction or at our registered office address appearing on our Website; and
b. to you, at the last postal address that you have given to us as your contact address in writing; or
18.3.2 by email:
a. to us, by sending the notice to the following email address: firstname.lastname@example.org
b. to you, by sending the notice to any email address that you have given to us as your contact email address in writing.
18.4 Notices will be deemed to have been received:
18.4.1 if delivered by hand, on the day of delivery;
18.4.2 if sent by first class pre-paid post or recorded delivery, two business days after posting, exclusive of the day of posting; or
18.4.3 if sent by email, at the time of transmission unless sent after 17.00 in the place of receipt in which case they will be deemed to have been received on the next business day in the place of receipt.
18.5 Any notice or communication given under these Terms of Sale for Online Auctions will not be validly given if sent by fax, any form of messaging via social media or text message.
19. Data Protection
20.1 We may, acting reasonably, refuse to allow you to bid at our online auction.
20.2 We act as an agent for our Sellers. The rights we have to claim against you for breach of these Terms of Sale for Online Auctions may be used by either us, our employees or agents, or the Seller, its employees or agents, as appropriate. Other than as set out in this Clause, these Terms of Sale for Online Auctions are between you and us and no other person will have any rights to enforce any of these Terms of Sale for Online Auctions.
20.3 We may use special terms in the Listing for particular Lots. You must read these terms carefully along with any glossary provided on our Website.
20.4 Each of the clauses of these Terms of Sale for Online Auctions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
20.5 We may change these Terms of Sale for Online Auctions from time to time, without notice to you. Please read these Terms of Sale for Online Auctions carefully, as they may be different from the last time you read them.
20.6 Except as otherwise stated in these Terms of Sale for Online Auctions, each of our rights and remedies: (a) are in addition to and not exclusive of any other rights or remedies under these Terms of Sale for Online Auctions or general law; and (b) may be waived only in writing and specifically. Delay in exercising or non-exercise of any right under these Terms of Sale for Online Auctions is not a waiver of that or any other right. Partial exercise of any right under these Terms of Sale for Online Auctions will not preclude any further or other exercise of that right or any other right under these Terms of Sale for Online Auctions. Waiver of a breach of any term of these Terms of Sale for Online Auctions will not operate as a waiver of breach of any other term or any subsequent breach of that term.
20.7 These Terms of Sale for Online Auctions and any dispute or claim arising out of or in connection with them (including any non-contractual claims or disputes) shall be governed by and construed in accordance with the laws of England and the parties irrevocably submit to the exclusive jurisdiction of the English courts.
These terms are based upon the recommended terms of sale by the Society of Fine Art Auctioneers and Valuers.