NORTH DEVON AUCTIONS – TERMS AND CONDITIONS OF SALE
1. Agency
The Auctioneer, North Devon Auctions, acts solely as agent for the Vendor (Seller), unless otherwise stated. Upon the sale of any Lot, the contract is made directly between the Buyer and the Vendor. Title to any Lot does not pass through the Auctioneer at any time. Accordingly, the Auctioneer shall not be liable for any fault, defect, or issue relating to title. The Vendor agrees to indemnify the Auctioneer against any claims arising from the sale of a Lot.
2. Buyer Acknowledgement
By registering and bidding, all Buyers confirm they have read, understood, and accepted these Terms and Conditions.
3. Risk and Ownership
Each Lot shall be at the Buyer’s risk immediately upon the fall of the hammer. Ownership (title) of the Lot shall not pass until full payment has been received.
4. Conduct of the Auction
The Auctioneer reserves the right to refuse registration or bidding, reject any bid, withdraw or re-offer any Lot, or cancel or suspend any auction at its absolute discretion. The Auctioneer shall not be liable for any failure or issue relating to online bidding platforms, including internet connection failures, system errors, downtime, or delayed or unregistered bids. All bids are subject to acceptance by the Auctioneer, whose decision is final in all matters relating to bidding and conduct of the auction.
4A. Lotting and Reorganisation
The Auctioneer reserves the right, at its sole discretion, to combine Lots, split Lots, amend Lot descriptions, or change the order of sale without prior notice where necessary to improve sale efficiency or results.
5. Payment
All Lots must be paid within 7 days unless agreed otherwise. Payment methods include bank transfer, cash, or card on collection. No Lots may be removed until payment is received.
6. Collection and Storage
Collection is required within 7 days. After 14 days, items may be resold or accounts restricted. After 1 month, items may be resold to recover costs.
6A. Storage Charges
Where items are not collected within the required timeframe, storage charges may be applied. These charges accrue daily or weekly at a rate determined by the Auctioneer and must be paid before release of goods.
7. Description and Condition
All Lots are sold as seen. All descriptions, estimates, and commentary are provided in good faith but do not constitute a warranty. Descriptions are opinions only and not statements of fact. Photographs may not show all defects. Measurements and weights are approximate. Buyers are responsible for satisfying themselves as to condition prior to bidding.
7A. Authenticity and Attribution
Unless expressly stated, the Auctioneer does not guarantee authenticity, provenance, age, or attribution of any Lot. Any such information is opinion only unless supported by certification.
8. Electrical and Specialist Items
Electrical items may be PAT tested but are not function-tested unless stated. Items should be assumed unworking unless otherwise described.
9. Default and Non-Payment
If a Buyer fails to pay, items may be resold, the Buyer may be banned, and costs may be recovered.
10. Liability
The Auctioneer shall not be liable for injury, loss, damage, or indirect losses.
10A. Insurance
All Lots are at the Buyer’s risk from the fall of the hammer. Items are not insured by the Auctioneer unless agreed in writing. Buyers are responsible for arranging their own insurance if required.
11. Buyer’s Fees
All fees are displayed prior to bidding via Easy Live Auction.
12. Refund Policy
All sales are final. Descriptions do not form part of the contract. No refunds will be given.
13. Shipping and Delivery
Shipping is available for small items only. Excluded items include large lots of china and glass, taxidermy, batteries, and any items prohibited by Royal Mail. Shipping is available to the UK, Ireland, and Channel Islands only. Maximum package size is approximately 40 x 40 x 58 cm. Items are shipped entirely at the Buyer’s risk. Fragile items including glass, ceramics, and glazed pictures are sent at the Buyer’s risk and no claims for damage will be accepted. The Auctioneer accepts no responsibility for loss or damage once items leave the premises. Prohibited items will not be shipped but may be collected by courier arranged by the Buyer. Local delivery may be available at an additional cost.
14. Variations
Terms may be updated at any time and Buyers are responsible for reviewing the latest version.
14A. Force Majeure
The Auctioneer shall not be liable for failure or delay caused by events beyond its control including fire, flood, power failure, strikes, war, or system failures.
14B. Data Protection
The Auctioneer processes personal data in accordance with UK GDPR. Data may be used for auction administration, payments, shipping, and legal compliance, and shared with third-party providers where necessary.
14C. Dispute Resolution
Any disputes must first be raised in writing to the Auctioneer. The Auctioneer will attempt to resolve disputes internally before any further action is taken.
15. Governing Law
These Terms are governed by the laws of England and Wales, and subject to the exclusive jurisdiction of the courts of England and Wales.
16. Vendor Terms
Vendors confirm they have full authority to sell all goods and indemnify the Auctioneer against any claims relating to ownership. Vendors are responsible for accurate descriptions and agree to indemnify the Auctioneer against misdescription. Reserves must be agreed in advance. The Auctioneer may refuse unreasonable reserves. Commission and fees will be deducted from sale proceeds. Unsold items must be collected or may incur storage charges. Payment to Vendors will be made after cleared funds are received from Buyers. The Auctioneer may withdraw Lots at its discretion. Vendors agree that items are left at their own risk. Vendors are responsible for tax obligations.
16.12 Unsold Lots with Reserve
Where a Lot is subject to a reserve and remains unsold, the Vendor has 7 days to provide instructions. If no contact is made within this period, North Devon Auctions may re-offer the Lot or reduce/remove the reserve at its discretion without further consent.
