DEAL AUCTION HOUSE LTD
GENERAL CONDITIONS OF SALE
These General Conditions of Sale apply to auctions conducted by Deal Auction House Ltd ("Deal Auction House", "we", "us" or "our").
Deal Auction House Ltd is an auctioneer and acts as agent for the vendor unless expressly stated otherwise.
By registering to bid, attending a viewing or auction, placing a bid, purchasing a lot, or otherwise participating in an auction, you agree to be bound by these General Conditions of Sale.
Nothing in these conditions is intended to exclude or restrict any legal right or remedy which cannot lawfully be excluded or restricted.
1. Definitions
In these conditions:
"Auctioneer" means Deal Auction House Ltd and any person authorised by it to conduct an auction.
"Bidder" means any person who registers to bid or places a bid for a lot.
"Buyer" means the person whose bid is accepted as the winning bid by the Auctioneer.
"Vendor" or "Seller" means the person who has instructed Deal Auction House Ltd to sell a lot.
"Lot" means any item or collection of items offered for sale at auction.
"Hammer Price" means the price at which the Auctioneer accepts the winning bid at the fall of the hammer or, for an online auction, the price at which the auction closes and the winning bid is confirmed.
"Sale" means the relevant auction in which a Lot is offered for sale.
PART A — CONDITIONS OF SALE TO BUYERS
2. The Auctioneer's Role
Deal Auction House Ltd acts as agent for the Vendor in the sale of Lots unless expressly stated otherwise.
The contract for the sale of a Lot is between the Vendor and the Buyer, subject to the Auctioneer's role as agent and to these conditions.
Deal Auction House Ltd shall not be responsible for a Vendor's failure to perform its obligations except to the extent that such responsibility arises from Deal Auction House Ltd's own acts or omissions or cannot lawfully be excluded.
Similarly, a Buyer remains responsible for complying with these conditions and for paying for any Lot purchased.
Where a person bids or purchases on behalf of another person, company or organisation, that person remains responsible for the bid and purchase unless Deal Auction House Ltd has expressly agreed otherwise in writing.
3. Registration and Bidding
The Auctioneer may require bidders to register and provide such information as it reasonably requires before accepting bids.
The Auctioneer reserves the right, acting reasonably and where permitted by law, to:
Refuse an application to bid;
Refuse or withdraw a bid;
Require additional identification or security;
Suspend or restrict a bidder's account;
Refuse to accept bids from a person who has outstanding sums due to Deal Auction House or who has previously failed to complete a purchase; and
Take reasonable steps to protect the integrity and proper conduct of the auction.
A bidder must ensure that all information supplied during registration is accurate and kept up to date.
A bidder is responsible for keeping their bidding account and login details secure and for all bids placed using their account, except where the bidder can demonstrate that a bid was placed without their authorisation and through no fault of their own.
4. The Buyer
The highest bidder acknowledged by the Auctioneer at the fall of the hammer shall be the Buyer.
For online auctions, the Buyer shall be the bidder whose bid is accepted as the winning bid in accordance with the applicable online auction procedure.
Once a bid has been accepted by the Auctioneer, it may not be withdrawn, subject to any rights that the Buyer may have under applicable law.
If there is a dispute concerning a bid, the identity of the successful bidder or the conduct of the auction, the Auctioneer may determine the matter acting reasonably and in accordance with applicable law.
The Auctioneer may, where authorised to do so, bid on behalf of another person.
The Auctioneer may also withdraw, combine, divide or otherwise amend Lots before a bid is accepted.
5. Buyer's Premium
A Buyer's Premium of 20% of the Hammer Price, plus VAT on the commission value only, is payable by the Buyer on each Lot.
The Buyer is responsible for paying the Hammer Price together with the Buyer's Premium and applicable VAT and any other charges properly payable under these conditions.
The Buyer's Premium is payable whether the Buyer bids in person, by telephone, commission bid or online, unless otherwise stated in the catalogue or sale information.
6. Descriptions and Representations
Descriptions, photographs, measurements, estimates and other information relating to Lots are provided in good faith.
Any statement or opinion expressed by the Auctioneer concerning, amongst other things:
Authorship;
Attribution;
Authenticity;
Genuineness;
Origin;
Date;
Age;
Provenance;
Condition; or
Estimated selling price
is, unless expressly stated otherwise, an expression of opinion and should not be treated as a guarantee.
Buyers are strongly advised to inspect Lots personally and to satisfy themselves as to their condition, authenticity, description and suitability before bidding.
Where a Lot is described by Deal Auction House Ltd, the description is intended to identify the Lot and its material characteristics as accurately as reasonably possible.
Nothing in these conditions excludes or restricts any statutory right or remedy which applies to the Buyer.
7. Condition of Lots — Buyer Beware
Lots may be used, second-hand, antique, vintage, repaired, restored, altered or otherwise imperfect.
Unless expressly stated otherwise, Lots are sold in their condition at the time of sale.
Buyers should inspect Lots during the advertised viewing period and satisfy themselves as to:
Condition;
Completeness;
Functionality;
Authenticity;
Age;
Provenance;
Suitability for any particular purpose; and
Any damage, repair, restoration or other defect.
The expression "sold as seen" means that the Buyer accepts the condition of the Lot as inspected or reasonably capable of being inspected, subject always to any legal rights which cannot lawfully be excluded.
Nothing in these conditions excludes or restricts liability or rights which cannot lawfully be excluded or restricted, including applicable statutory rights relating to goods being as described.
8. Consumer Rights
Where a Buyer is a consumer, nothing in these conditions affects any rights or remedies which the Buyer has under applicable consumer protection legislation.
In particular, Deal Auction House Ltd does not seek to exclude or restrict any liability which cannot lawfully be excluded or restricted.
Where the law gives a consumer a right to reject goods, obtain a repair, replacement, price reduction, refund or other remedy, those rights remain unaffected.
Where a statutory auction exemption applies, it will apply only to the extent permitted by law.
9. Authenticity and Expert Advice
Buyers should obtain independent professional or specialist advice where the value, authenticity, safety or suitability of a Lot is material to their decision to bid.
Unless expressly guaranteed in writing by Deal Auction House Ltd, no opinion given by the Auctioneer constitutes a warranty or guarantee of authenticity, provenance, value or suitability.
10. Commission Bids
Deal Auction House Ltd may accept commission bids from persons unable to attend the auction personally.
Commission bids may be submitted:
In person;
By telephone; or
By email.
Commission bids must be received no later than three hours before the commencement of the relevant Sale.
Commission bids will normally be executed as economically as reasonably possible, subject to competing bids and any applicable reserve.
For email commission bids, the bidder should obtain an acknowledgement from Deal Auction House Ltd. If no acknowledgement is received, the bidder should assume that the commission bid has not been received.
Deal Auction House Ltd will not be responsible for a failure to execute a commission bid caused by circumstances outside its reasonable control, subject to any liability which cannot lawfully be excluded.
11. Payment
Payment for purchased Lots must be made by cash or electronic card payment unless another payment method has been expressly agreed.
Payment must be made no later than the Wednesday following the Sale, unless Deal Auction House Ltd has agreed otherwise in writing.
The Buyer must pay the full amount due before removing a Lot from the sale premises.
Deal Auction House Ltd may require payment in full before releasing any Lot.
12. Transfer of Ownership and Risk
Legal ownership of a Lot will not pass to the Buyer until the Buyer has paid in full all sums due in respect of that Lot.
Unless otherwise required by law, responsibility for the Lot, including the risk of loss or damage, passes to the Buyer upon acceptance of the winning bid.
The Buyer must therefore arrange prompt collection and take reasonable steps to protect the Lot from damage or loss.
Where applicable law imposes a different rule concerning the passing of risk, that legal rule will prevail.
13. Collection of Purchases
Paid-for Lots should be collected before the close of business on the Wednesday following the Sale, unless alternative arrangements have been agreed in advance.
The Buyer is responsible for arranging suitable transportation and, where necessary, appropriate assistance for the removal of purchased Lots.
Deal Auction House Ltd may refuse to release a Lot until all sums due have been paid.
14. Late Collection Charges
Where a purchased Lot remains at Deal Auction House Ltd's premises after the collection deadline, a £5 late collection charge per Lot, per day will apply.
The charge will continue until the Lot is collected or alternative arrangements have been agreed.
The Buyer may also be responsible for any reasonable additional costs actually incurred by Deal Auction House Ltd as a result of the Buyer's failure to collect the Lot, including reasonable storage, handling or transportation costs.
Nothing in this clause permits Deal Auction House Ltd to recover charges which are unlawful or disproportionate.
15. Failure to Pay or Collect
If a Buyer fails to pay for or collect a Lot within the applicable period, Deal Auction House Ltd may, subject to applicable law:
Require payment of the outstanding balance and applicable charges;
Restrict or suspend the Buyer's bidding privileges;
Require a deposit or security before accepting future bids;
Recover reasonable costs arising from the Buyer's failure to complete the purchase; and/or
Take steps to re-sell the Lot.
Where a Lot is re-sold, Deal Auction House Ltd may seek to recover from the defaulting Buyer any reasonable loss suffered as a result of the default, including reasonable costs of re-sale, to the extent permitted by law.
Any proceeds received from a re-sale will be dealt with in accordance with applicable law and the respective rights of the Vendor, Buyer and Deal Auction House Ltd.
16. Uncollected Goods
Deal Auction House Ltd will take reasonable care of goods held on its premises.
Where goods remain uncollected, Deal Auction House Ltd may give the relevant owner or person entitled to possession written notice requiring collection.
Where permitted by law, Deal Auction House Ltd may subsequently sell or otherwise dispose of uncollected goods in accordance with the Torts (Interference with Goods) Act 1977 or any other applicable legislation.
Where a statutory notice procedure applies, Deal Auction House Ltd will comply with the applicable requirements before exercising any power of sale.
Deal Auction House Ltd does not intend by these conditions to transfer ownership of a customer's goods automatically merely because they remain uncollected.
17. Electrical Goods
Unless expressly stated otherwise, electrical goods are untested and are sold in their existing condition.
The Buyer accepts responsibility for arranging appropriate inspection and testing before use.
Deal Auction House Ltd strongly recommends that electrical goods are inspected and tested by a suitably qualified electrician before being connected to a power supply or put into use.
Nothing in this clause excludes any statutory rights or liability which cannot lawfully be excluded.
18. Safety and Hazardous Items
Certain goods may present safety, environmental or other risks.
The Auctioneer may refuse to accept or sell items including, but not limited to:
Certain electrical goods;
Perishable goods;
Live animals or pets;
Corrosive materials;
Flammable liquids;
Hazardous substances; and
Any other item which the Auctioneer reasonably considers unsuitable or unsafe for sale.
The Auctioneer may withdraw a Lot if a safety, legal, regulatory or other material concern arises.
PART B — CONDITIONS RELATING TO VENDORS
19. Vendor's Ownership and Authority
By entering a Lot for auction, the Vendor warrants that:
They are the legal owner of the Lot; or
They have full authority and permission from the owner to instruct Deal Auction House Ltd to sell it; and
The Lot is free from any mortgage, charge, lien, hire-purchase agreement or other third-party claim, unless expressly disclosed to and accepted by Deal Auction House Ltd.
The Vendor will be responsible for any loss, claim, liability or reasonable cost suffered by Deal Auction House Ltd as a result of a breach of these warranties, to the extent permitted by law.
20. Vendor's Descriptions
Vendors are responsible for providing accurate and complete descriptions of their Lots.
The Vendor must disclose any material information known to them concerning the Lot, including material damage, defects, repairs, alterations, ownership issues or other matters which could reasonably affect a purchaser's decision to bid.
Deal Auction House Ltd may amend a description where it has reliable factual information requiring correction.
Deal Auction House Ltd will not knowingly publish information which it knows to be materially false or misleading.
21. Reserves
A Vendor may specify a reserve price where Deal Auction House Ltd has agreed to accept one.
Where a Lot has no reserve, the Vendor acknowledges that the Lot may sell for less than the amount the Vendor expected or hoped to receive.
Where bidding is insufficient, the Auctioneer may leave a Lot unsold or hold it over for inclusion in a subsequent Sale.
The Auctioneer may exercise reasonable discretion in relation to the conduct of the Sale and Lots, subject to any agreed reserve.
22. Vendor's Commission
A Vendor's commission of 15% of the sale price, plus VAT on the commission value only, will be deducted from the proceeds of each successful sale before settlement is made to the Vendor.
The Vendor authorises Deal Auction House Ltd to deduct commission, VAT and any other sums properly due under these conditions from sale proceeds.
23. Payment to Vendors
Deal Auction House Ltd aims to pay Vendors promptly.
Monies due to Vendors for Lots sold will normally be available from 14 working days after the date of the Sale.
Payments will be made by electronic bank transfer.
Payment may be withheld where there is a genuine dispute, unresolved ownership issue, chargeback, payment failure or other circumstance requiring investigation.
24. Unsold Lots
Where a Lot remains unsold after two Sales, the Vendor must arrange for its collection as soon as reasonably practicable following notification by Deal Auction House Ltd.
If the Vendor fails to collect the Lot after being given reasonable notice, Deal Auction House Ltd may charge reasonable storage, handling or disposal costs.
Where permitted by law, Deal Auction House Ltd may ultimately sell or dispose of the Lot in accordance with the applicable legal procedure.
PART C — GENERAL CONDITIONS
25. Withdrawal of Lots
The Auctioneer may withdraw a Lot before the acceptance of a winning bid where it considers this reasonably necessary, including because of:
A legal or ownership concern;
A material error in the description;
A safety concern;
Insufficient information;
A suspected breach of these conditions;
A dispute concerning ownership; or
Any other material circumstance affecting the proper conduct of the Sale.
26. Damage Caused by Visitors or Other Persons
Any person who causes damage to a Lot, Deal Auction House Ltd's property or another person's property shall be responsible for the resulting loss or damage to the extent permitted by law.
A person who causes damage through an employee, agent, representative or other person acting on their behalf may also be responsible for that person's acts.
27. Personal Safety and Liability
Visitors attend Deal Auction House Ltd's premises at their own risk and must comply with reasonable instructions concerning health and safety.
Nothing in these conditions excludes or restricts liability for:
Death or personal injury caused by negligence;
Fraud or fraudulent misrepresentation;
Breach of any legal obligation which cannot lawfully be excluded or restricted; or
Any other liability which cannot lawfully be excluded or restricted.
In particular, Deal Auction House Ltd does not seek to exclude liability for death or personal injury caused by its negligence. Such an exclusion is prohibited in consumer contracts.
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Subject to the above, Deal Auction House Ltd shall not be responsible for loss or damage to the extent that it results from circumstances outside its reasonable control.
28. Events Outside Our Reasonable Control
Deal Auction House Ltd shall not be liable for delay or failure to perform an obligation where this is caused by circumstances outside its reasonable control.
Such circumstances may include, where applicable:
Fire;
Flood;
Severe weather;
Power failure;
Telecommunications or internet failure;
Industrial disputes;
Government action;
Security incidents;
Natural disasters; or
Other events which could not reasonably have been anticipated or prevented.
This clause does not affect any statutory rights which cannot lawfully be excluded.
29. Complaints and Disputes
Any complaint concerning a Lot or the services provided by Deal Auction House Ltd should be raised with us as soon as reasonably practicable.
Where appropriate, Deal Auction House Ltd will investigate the complaint and may request supporting information, photographs, documentation or other evidence.
Nothing in this clause prevents a consumer from exercising any statutory right or pursuing any legal remedy available to them.
30. Unfair or Invalid Terms
If any provision of these conditions is found to be unlawful, invalid or unenforceable, that provision shall be treated as modified or removed only to the extent necessary to make it lawful and enforceable.
The remaining provisions shall continue in full force and effect.
Where a term is subject to a statutory fairness requirement, it is intended to operate only to the extent that it is fair, transparent and legally enforceable.
A term of a consumer contract which is unfair is not binding on the consumer under the Consumer Rights Act 2015.
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31. Changes to These Conditions
Deal Auction House Ltd may update these General Conditions of Sale from time to time.
The conditions applicable to a particular Sale will be those made available to bidders before or at the time they participate in that Sale.
Any material change affecting an existing contractual obligation will not apply retrospectively unless permitted by law or expressly agreed by the affected party.
32. Applicable Law and Jurisdiction
These General Conditions of Sale and any dispute arising from them shall be governed by the law of England and Wales.
Where the Buyer is a consumer, nothing in this clause prevents the consumer from relying on any mandatory legal rights or protections available in the jurisdiction in which they live.
Subject to any mandatory consumer rights, the courts of England and Wales shall have jurisdiction over disputes arising from these conditions.
33. Acceptance of These Conditions
By registering to bid, placing a bid, attending an auction, purchasing a Lot or otherwise participating in a Sale, the relevant person confirms that they have had the opportunity to read these General Conditions of Sale and agrees to comply with them.
Where a person bids on behalf of another person or organisation, that bidder confirms that they have authority to do so and remains responsible for the bid unless Deal Auction House Ltd has agreed otherwise in writing.
DEAL AUCTION HOUSE LTD
Unit 4, Tridax Business Park
Honeywood Parkway
Whitfield
Dover
CT16 3QX
Telephone: 01304 783509
Email: auction@dealauctionhouse.com
Website: www.dealauctionhouse.com
VAT Registration Number: 465 5240 87
