You agree to be bound and abide by the terms and conditions detailed below. These are brought to your attention at the point of registration for bidding at each sale. You are advised to read them carefully and only register if you agree with them. The Majority of Auctioneers that list with Easy Live Auction are traditional Auctioneers that hold traditional sales. Most of the Auctioneers hold Preview days allowing bidders the opportunity to view and inspect the goods offered prior to bidding. We remind you that if you are a consumer you have no right of cancellation under the Distance Selling Directive (Directive 97/7/EC). The implied terms of The Sale of Goods Act do not apply to Auction Sales of Second hand goods (provided, opportunity to attend in person - see DTI Directive The Sale and Supply of Goods to Consumers Regulations 2002). If you do not agree to these, please do not use this site.
For the purposes of these terms we will use the following glossary:
"Easy Live Auction" refers to Easy Live (Services) Limited T/S Easy Live Auction the Company that owns and operates the www.easyliveauction.com website with its registered office at Auction House, Finmere Road, Eastbourne, East Sussex, BN22 8QL registered number 7917275, Easy Live Auction is VAT registered (VAT No: 133 9922 01).
"Website" refers to www.easyliveauction.com
"Auctioneer" means the traditional Auctioneer who has listed their catalogue with Easy Live Auction.
"Timed Auction" means an automatic auction that takes place online. The Auctioneer will describe the lots, list them on the "Website” and deal with all pre and post-sale enquiries, Some Auctioneers will hold preview days. Bids are placed and accepted without the auctioneer calling the bids. Each auction shall have an end time and to prevent “bid sniping” the end time will automatically be extended. The highest bid to be the winning bid provided the reserve has been met.
"Bidder" means anyone using the www.easyliveauction.com website whether registered to do so or is merely browsing the site.
"Live Bidding Console" this is the web based console that the Auctioneer uses to run the live element of the sale. The Bidder also has a Live Bidding Console that is used to place bids live during the sale.
"Live Bid" is when a Bidder clicks on the bid button on the Live Bidding Console which is then relayed to the Auctioneer.
"Absentee bids" this is where a Bidder is unable to attend an auction in person and requests the Auctioneer to bid on his behalf up to a maximum amount. When placing an absentee bid via Easy Live Auction we will email the Auctioneer with the amount of the bid. The Auctioneer will also have access to all absentee bids collected by Easy Live Auction. All absentee bids are a matter between the Auctioneer and the Bidder and Easy Live Auction accepts no responsibility for the execution or success of these bids. The Auctioneer’s terms and conditions apply to bids placed this way. Absentee bids may be rounded down or up by the Auctioneer in line with bidding increments which may vary from Auctioneer to Auctioneer
"Autobid" is where a Bidder is unable to attend an auction in person and requests that our system bids on his behalf up to a maximum amount. The Auctioneer will not be able to see this maximum bid, the Auctioneer will only see each bid delivered as a live bid as the sale progresses. Autobids will be treated as refused by the Auctioneer if the auto bid does not meet the Auctioneers bidding increments. Example: if the current bid is £150 and the Bidder User has left an Autobid of £159 and the Auctioneer is asking for £160 – in this example the lot will be sold for £150 because the Autobid does not meet the next asking bid of £160. Easy Live Auction accepts no responsibility for an Autobid being "wrong footed". A "plus one" facility may be available on Autobids which when selected will instruct our system to bid up to one more of the Auctioneer’s standard increments. Standard increments are the increments which the Auctioneer has provided to Easy Live Auction for use during live bidding. If the Auctioneer chooses to deviate from the Standard increments the system may make several bids above the maximum Autobid placed, up to and not exceeding the next standard increment.
EASY LIVE AUCTION IS NOT AN ONLINE AUCTIONEER
Easy Live Auction provides a means of online communication between the Auctioneer and Bidder.
Easy Live Auction has developed a portal website that allows Bidders to participate in a real auction in real time without having to attend the sale in person. The auction is broadcast via the internet and the bidder is given the opportunity to bid by clicking a bid button.
Easy Live Auction is not involved in any Partnership, franchise or joint venture with any Auctioneer or any other party. Easy Live Auction is not party to any transaction or contract for any reason.
Each Auctioneer has their Terms and Conditions and these may differ from one Auctioneer to another. The Bidder agrees to the terms and conditions of the Auctioneer.
Where the Bidder chooses the FREE Registration option:
Easy Live Auction does not charge Bidders for accessing the Website or using the Services. The Auctioneer may charge the Bidder a percentage surcharge of up to 3% of the hammer price for successful live bids and Autobids. There are no charges for absentee bids. The Bidder is to check all charges and or commissions payable to the Auctioneer before bidding and incurring any liability to the Auctioneer.
During the registration process for this option the payment card will be checked to ensure it is valid and in working order. This check consists of placing a deferred payment on the card for a nominal amount (less than £2) and voiding the transaction immediately. In the event of the void failing the payment will still never be taken from the card. Some card issuers may show this transaction temporarily on the card statement, if this is the case the transaction may take a several days to disappear from the card statement.
Where the Bidder chooses the Flat Fee per sale:
This fee will be paid direct to Easy Live Auction and the bidder will be able to bid on as many lots within the one sale with no further fees for this service. The Bidder is to check with the Auctioneer about any other fees such as buyer’s premiums that will apply.
The Bidder must register with Easy Live Auction in order to use the Website.
The Bidder must then register for each sale they intend to bid in and be approved by the Auctioneer prior to bidding. Once the Bidder has chosen a registration option for a sale and registered for that sale the Bidder cannot change the registration option for that sale. The Bidder must provide up to date correct information. A payment card will be required when registering for each sale. The Bidder authorises Easy Live Auction to pass on to the Auctioneer any information provided to Easy Live Auction as part of the registration process. The bidder authorises the Auctioneer to take payment in full or part from the card provided.
The Auctioneer may approve or decline a Bidder at his discretion and is not obliged to disclose reasons for declining a Bidder. Easy Live Auction reserves the right to refuse and or cancel a registration for any reason.
The Bidder agrees to not disclose details of their account to any third party or share account details with any other party. The bidder accepts that all activity conducted via their account will be the liability of the Bidder account holder.
If the Bidder believes that there has been any breach of security such as the disclosure, theft or unauthorised use of the Bidder login or account details, the Bidder must immediately notify Easy Live Auction by email at firstname.lastname@example.org.
The Bidding Process
All Bids are final and legally binding in accordance with British Law.
Before bidding the Bidder should satisfy himself / herself that the item that they are bidding on is what they think it is. Easy Live Auction accepts no responsibility for the description, authenticity, attribution, genuineness, origin, provenance, authorship, date, age, period, quality, condition, fitness for purpose or legality of any lot offered.
The Live bidding console is operated by the Auctioneer’s clerk as the sale happens, following the Auctioneer. This relies on the accuracy and speed of the clerk, and the patience of the Auctioneer to accept bids from the console as they are relayed to the Auctioneer by the clerk. We ask all Bidder’s to bid early and quickly in order to avoid missed bids. Easy Live Auction accepts no responsibility for the failure or non- acceptance of bids by the Auctioneer for whatever reason.
The Bidder agrees to not bid on lots owned and consigned by the Bidder.
The bidder agrees that we use a third party payment processor to process and manage the storage of payments details, in a PCI compliant manner, allowing certain data to be passed on to allow payments to be taken by auctioneers. The third party payment processor and Easy Live Auction are committed to protecting the users’ information. By registering for an auction and providing your card details the bidder agrees to authorise Easy Live Auction to pass on the a payment token to allow the auctioneer to charge the card for items won at auction via easyliveauction.com, including all additional fees. If the bidder registers for an auction using the "Flat Fee" method, the bidder also agrees to Easy Live Auction taking the required fee for that auction. By adding a card to your account you agree to Easy Live Auction securely passing on your details to our payment processor for storage and then allowing use of these details to the auctioneer when you register for their sale. Removing a card from your account will remove the option to use the card straight away but can take up to 30 days for the card to be removed completely from the payment processors storage. This is to allow the auctioneer to take payments after an auction for any outstanding lots. A payment token is generated when you enter your card details on to our site. This is the only bit of information that is stored and passed on by Easy Live Auction. All other information is securely stored by the payment processor. Easy Live Auction does not store card details.
Payment for Won Lots
This is a matter for the Bidder and the Auctioneer. The Bidder agrees to pay the Auctioneer for the won lots together with any other Auctioneer charges. Easy Live Auction shall not be joined as a party to the contract for sale and purchase for any reason. In the event that the Bidder fails to pay for successful bids and Easy live Auction receives from the Auctioneer a complaint of the same, the Bidder authorises Easy Live Auction to inform all Auctioneers of the Bidder’s Failure to pay.
Shipping or collection of Won Lots
This is a matter for the Bidder and the Auctioneer
Please refer to the Auctioneer’s Shipping policy or contact the Auctioneer.
Refund and Cancellation
Any service or subscription charges paid are non-refundable. Services are provided on a per-event basis and paid accordingly. There is no need to inform us of your wish to cancel any service as you will not be re-billed unless you specifically sign up to further events with us.
Limitations of service and Liability
The Bidder accepts that the website may encounter technical difficulties beyond the control of Easy Live Auction and the service may be withdrawn at any time. Easy Live Auction accepts no liability for loos of service outside its reasonable control including internet failures, subcontractors IT systems, and telecoms failures. The Bidder is advised to make alternative provision for bidding should this occur.
The Bidder accepts that audio and video in the Bidding Console is not a requirement to LIVE BID and is provided on an "as is" basis.
The Bidder accepts that audio and video in the BIdding Console is subject to small delay, due to the technoology it utilises, in comparising with the actual and should not be used as a prompt to Bid Live.
Easy Live Auction accepts no responsibility for the service and cannot make any guarantees that the service will be uninterrupted.
Easy Live Auction does not warrant that the Website is free of viruses or anything else that may contaminate or be destructive and therefore the Bidder accepts that Easy Live Auction does not provide protection of the Bidder’s system against potential threats or damage.
Easy Live Auction relies on the Auctioneer for the content and Easy Live Auction accepts no responsibility for the inclusion of any information, language or content or any detrimental effect it may have.
Notwithstanding any of the above, where liability is found against Easy Live Auction for any reason, then any claim by a Bidder shall be limited to £50 (Fifty Pounds) per bidder and the maximum aggregate total liability in any 12 Month period be £5000. Should the total claims against Easy Live Auction in any 12 Month Period exceed £5000 then the maximum payable to any one bidder shall be reduced pro rata so that the aggregate total of Easy Live Auction’s liability in any one 12 Month period be limited to £5000.
Copyright and Website Protection
The Bidder will not cause Easy Live Auction any loss, damage or liability whatsoever. The Bidder will not copy, modify or publically display content of the website, make a derivative product or cause any burden or unreasonable demand on the website. The Bidder will not use any offensive, defamatory, illegal or controversial language when using the Website or act in a manner that will cause harm to Easy Live Auction.
The "Price Guide" is provided with no guarantee of accuracy of hammer prices. The hammer prices published are provided by the Auctioneer during a live auction and do not always reflect unsold lots.
These terms and conditions are subject to change. Easy Live Auction reserves the right to amend them at any time. Notification of this amendment shall be effected by posting the new terms and conditions on the Website. Latest Update 7 October 2015.