1.1. When used in these conditions, the following terms highlighted in bold shall have the following meanings:
Auction: A real-time online auction for the sale of the goods and other items submitted on behalf of third parties (not being the seller) hosted by or on behalf of the auctioneer through the website;
Auctioneer : William George, whose registered office is at 22st Peters Street , Stamford, PE9 2PF (company) or any other company within the company's group (including their respective employees and agents and any person to whom conduct of the auction is delegated under condition 17.5);
Bid: An offer submitted by a person through the website for the purchase of a lot;
Bidder: A person who places a bid for a lot;
Business Day: A day other than a Saturday, Sunday or public holiday, on which clearing banks are open for non-automated commercial business in England;
Buyer : A bidder who submits the successful bid;
Buyer's Premium: The commission payable by a buyer to the auctioneer in addition to the sale price in relation to a Lot;
Conditions: These terms and conditions for sellers;
Regulations: The consumer contracts (information, cancellation and additional charges) regulations 2013;
Goods : Any item (or number of items) consigned to the auctioneer by the seller and/or detailed in listing particulars submitted by a seller to the auctioneer to be placed into a lot for sale at an auction;
Group: The company, any subsidiary or holding company from time to time of the company and any subsidiary from time to time of a holding company of the company; 'subsidiary' and 'holding company' having the definitions given to them in section 1159 of the Companies Act 2006;
Listing Particulars: A description and/or specification of goods to be sold at an auction, together with any photographs, diagrams, sketches or other reproduction of those goods in whatever form;
Lot: Goods upon which bids will be invited by the auctioneer in order to be sold at an auction;
Reserve Value: The minimum amount in pounds sterling (£) at which the seller will sell the goods in question;
Sale Price: The amount of the successful bid;
Seller : A person who has submitted listing particulars to the auctioneer and/or placed goods with the auctioneer for sale and who has the legal and beneficial title to the goods listed in a lot and/or any agent(s) authorised to act on their behalf. The word seller and vendor are interchangeable.
Shill Bidding: The placing of bids by or on behalf or at the direction of a seller with the purpose of artificially increasing the sale price;
Sniping: The placing of bids within ten (10) minutes of the conclusion of an auction with the specific intention of placing a successful bid at a time when no other bidder has the opportunity to place a higher bid;
Special Conditions: Any special conditions (a) agreed in writing prior to the relevant auction between the seller and the auctioneer and/or (b) set out or referred to in any auction catalogue and/or (c) announced or published (including publication on the relevant website upon which the auction is to be conducted) at the auction;
Successful Bid: The highest bid that has been placed at the automatic conclusion of an auction that is equal to or in excess of any reserve value;
VAT: Value Added Tax at the current rate in the United Kingdom, unless otherwise indicated; and
Website: The website operated by the auctioneer at www.williamgeorge.com [or any auction website] chosen at the discretion of the auctioneer.
1.2. To the extent that these conditions are inconsistent with any special conditions, the special conditions shall prevail.
1.3. In these Conditions:
1.3.1. references to a 'person' shall (where the context requires) include a natural person, corporate or unincorporated body (whether or not having a separate legal personality) and that person's successors and permitted assigns;
1.3.2. a reference to a gender includes each other gender;
1.3.3. in the singular include the plural and vice versa; and
1.3.4. any words that follow 'include', 'includes', 'including', in particular' or any similar words and expressions shall be construed as illustrative only and shall not limit the sense of any word, phrase, term, definition or description preceding those words.
Pursuant to these conditions, the seller appoints the auctioneer to act as his agent in relation to the sale of goods through an auction. The contract for the sale and purchase of goods through an auction shall be made between the seller and the buyer at the conclusion of that auction, and the auctioneer is not responsible for any default by either of them in relation to the sale and purchase of goods or otherwise.
3.1. No later than 10 (ten) business days prior to the commencement of an auction, the seller will provide to the auctioneer listing particulars (in a format supplied or previously approved by the auctioneer) for goods which it requires the auctioneer to include in an auction. The listing particulars shall, as a minimum, include:
3.1.1. a clear and accurate description of the goods which description is not generic in nature;
3.1.2. A reserve value;
3.1.3. at least 1 (one) photograph that is a clear and accurate representation of the goods. stock images may be used but are not recommended and must be accompanied by a photo of the actual item; and
3.1.4. whether the goods will be dispatched or are for collection only. If the goods are to be dispatched, the listing particulars should state the method of postage/courier, if postal/courier charges are included or the additional postage/courier cost.
3.2. The seller must satisfy themselves that the listing particulars are correct and do not contain any errors. The auctioneer will not be liable for the sale of any incorrect goods unintentionally included in an auction or at an incorrect sale price as a result of the mistake or negligent act or omission of the seller.
3.3. The seller must confirm the name of the business or if it is an individual who is selling the items.
3.3.1. The seller must confirm if they are VAT registered and provide a current VAT number.
3.4 The location of the items must be given to the auctioneer. If the items are located away from the sellers main address, then the auctioneer must be informed in writing of their location.
3.4. If in the discretion of the auctioneer, it is apparent or suspected that goods have been deliberately misrepresented, or important parts of the description have not been included in the listing particulars that could alter the value or use of the goods, the auctioneer shall be entitled:
3.4.1. if the goods comprise a Lot that has not yet been included in an auction, to refuse to include that lot in an auction; or
3.4.2. if the goods are already included in an auction which has not yet received any bids, to remove them from that auction; or
3.4.3. if the goods comprise a lot which forms part of an ongoing auction and has received bid(s), or has been sold at a concluded auction but payment from the buyer has not yet been received, to declare the sale of that Lot as void (Void Declaration). In the event of a void declaration and provided that the buyer does not wish to purchase the goods notwithstanding the misrepresentation or omitted description, then the seller will be liable (a) to the auctioneer for the loss of the relevant buyer's premium based on the higher of the highest Bid at the time the of void declaration and the reserve value or (in the case of a concluded sale) based on the sale price, together with damages and costs, and (b) (if relevant) to the buyer for any damages suffered or costs incurred by him.
4.1. Upon reasonable request by a seller and within a reasonable time of receipt of listing particulars and identification and other documentation satisfactory to the auctioneer, the auctioneer will open an auction account for the seller and issue the seller with a username and password, through which the seller can access listing and bidding information in relation to goods submitted by him to the auctioneer for listing and auction.
4.2. The auctioneer does not guarantee the seller uninterrupted access to his auction account and the seller acknowledges that interruptions to the auction account (including but not limited to server downtime) may occur.
5.1. The seller warrants to the auctioneer and (where relevant) to the buyer that:
5.1.1. They have full unencumbered legal title to or has the express written authority from the person with full unencumbered legal title to, the goods, and has full power and authority to instruct the auctioneer to sell the same by auction;
5.1.2. They are entitled to possession of and to sell the goods;
5.1.3. They will sell the goods placed in a lot to a buyer for the sale price at the conclusion of the auction;
5.1.4. All information supplied by the seller in the listing particulars, any auction catalogue or otherwise (including in response to queries raised by bidders or potential Bidders) relating to the goods, is or will, at the time of supply of such information be, true, accurate and not misleading and discloses the true provenance of the goods, and further that the Information discloses any material defects, faults or damage to the goods that affects their usual operation or renders the goods unfit for purpose;
5.1.5. Subject to any information stating to the contrary, any goods of a mechanical or electronic nature are in good working order.
5.1.6. In relation to goods imported into the United Kingdom, all relevant import legislation has been complied with and applicable export and/or import taxes, levies or other duties have been paid; and
5.1.7. in relation to the sale of goods, They will comply with the relevant provisions of the regulations and all relevant legislation insofar as they are applicable to the online sale of goods by auction.
5.2. Where the seller acts as the agent for the legal owner of the goods, the seller further warrants to the auctioneer and (where relevant) the buyer that he has such legal owner's express authority to:
5.2.1. instruct the auctioneer;
5.2.2. give the warranties set out in condition 5.1 above; and
5.2.3. instruct the auctioneer to act in accordance with any special conditions.
5.3. The seller agrees to hold the auctioneer harmless from and will indemnify the auctioneer from and against all and any liability howsoever arising in relation to the auctioneer receiving the goods and/or selling the goods at auction and/or in respect of any inaccuracies in the Information and against all cost and expenses incurred by the auctioneer or on the auctioneer's behalf in dealing with, responding to and/or defending any claim arising in that respect.
6.1. Listing and Sale: Unless agreed as a special condition, the auctioneer will use its discretion as to the timing, commencement, and duration of the auction into which the goods are placed. The auctioneer will endeavour to accommodate any requests in this regard from the seller but cannot guarantee that any such requests will be observed. Whilst the auctioneer will endeavour to sell goods at an auction with reasonable care and skill, it provides no guarantee to the seller that any goods will be sold.
6.2. New Sellers: The auctioneer may, at its discretion, carry out investigations as to the solvency and creditworthiness of a seller. In addition, new sellers may be required to pay a percentage charge [not exceeding 20% of the reserve value on their goods] until such time as the auctioneer decides, in its own opinion, that such seller is trading at the requisite high standards that the auctioneer expects. such charge is payable from funds collected by the auctioneer from items sold in auction.
6.3. Sanction: In the event that the auctioneer and/or buyers encounter repeated issues with a seller relating to:
6.3.1. the non-availability of goods;
6.3.2. requests from buyers for refunds;
6.3.3. misrepresented goods and inaccurate information; or
6.3.4. collection or delivery problems, the auctioneer may, in its own discretion, levy charges against the seller and/or refuse to accept goods from a seller for listing for auction. Any such charges imposed will be calculated as 15% of the sale price of the goods in question subject to a minimum of £5 per item/Lot.
7.1. Listing items into collective auctions is free of charge and there is an upper limit of 15 items into a collective auction. If more than 15 items are to be listed by one vendor in one auction, then a fee shall be chargeable.
7.1.1. Listing fee: The listing fee for a bulk listing will be variable depending on the time and date slot chosen. Each private auction slot shall be chosen by the vendor according to their priorities and selected from a range of options available to them. Auction fees shall be payable by the vendor prior to the commencement of the auction
7.1.2. Commission charge: Where previously agreed with the seller, the seller will pay to the auctioneer a commission charge of [between 1% to 15% of the sale price]. The relevant commission charge will be payable to the auctioneer by the seller no later than 5 business days after the conclusion of the auction in question. For the avoidance of doubt, the auctioneer will be entitled to deduct the said commission charge from any monies held by it on behalf of the seller, whether such monies comprise sale proceeds from the relevant auction or otherwise.
7.1.3. Items refunded to the buyer by the seller: In the event that a buyer rejects the goods and requests a refund from a seller, the seller will pay to the auctioneer a refund fee [equal to/ being a minimum of 50% of the commission charge stated at Condition 7.1.2 above, plus costs and damages] within 5 business days of notification of the same by the auctioneer to the seller. For the avoidance of doubt, the refund fee including costs and damages will not exceed the commission charge payable had the buyer in question not rejected the goods.
7.1.4. Pallet charges: The seller will pay to the auctioneer a pallet charge of £5.00 per pallet for the unloading or loading of pallets of goods. In addition, the seller will pay to the auctioneer a weekly storage charge of £4.00 per pallet. All pallet charges will be subject to VAT and will be payable From the proceeds of the items sold
7.1.5; Staff charges: The auctioneer reserves the right to charge the seller for the photographing and lotting up of items by the auctioneer on the seller's behalf, together with the organisation of sales, preparation and distribution of invoices and collection of goods. The following rates apply, which are subject to VAT, based on a 7.5 hour working day, and subject to review from time to time:-
220.127.116.11. Director's daily rate - £250;
18.104.22.168. Sales manager's daily rate - £200;
22.214.171.124. Auction assistant's daily rate - £150.
7.1.6. Travel and subsistence expenses: The auctioneer reserves the right to claim such expenses from the seller at the rate of £1 per mile, reasonable hotel accommodation costs and an allowance of £60 per day subsistence expenses.
8.1. The auctioneer will place the goods into Auction with the reserve value set out in the listing particulars. In the event that the seller does not specify a reserve value in the listing particulars, the goods will be placed into auction without reserve unless the seller notifies the auctioneer to the contrary in writing no less than 48 hours before commencement of the auction.
8.2. The auctioneer reserves the right to list items previously consigned to auction until either a) The item is sold at or above the most recent reserve price communicated by the seller or b) the seller expressly removes their consent for the item to be consigned to catalogues or marketed for sale. The auctioneer will consider but will not be obliged to comply with any requests from a seller to amend the commencement date or duration of an auction.
8.3. Unless the goods are held by the auctioneer, the seller will make the goods available or procure that the goods are made available for viewing and inspection by bidders and potential bidders for a period of not less than 48 hours after commencement and prior to the end of the relevant auction. In the event that the goods are held by the auctioneer, the auctioneer will use reasonable endeavours to make the goods so available.]
8.4. The auctioneer is authorised by the seller to bid on behalf of a person who has given written authority to the auctioneer to bid on that person's behalf.
8.5. The auctioneer may take reasonable steps to regulate the bidding and to refuse undesirable bids at the auctioneer's discretion.
8.6. In the event of a dispute as to any bid, the auctioneer is authorised by the seller to determine the dispute using the auctioneer's discretion.
8.7. Shill bidding is expressly forbidden. In the event that the auctioneer becomes aware of or reasonably suspects shill bidding has taken or is taking place, the auctioneer will remove the lot or lots in question from the auction and reserves the right to claim damages and/or costs from the seller.
8.8. Bidders and potential bidders will be entitled to raise questions in relation to lots. Any such questions will automatically be directed to the auctioneer in the first instance and the auctioneer will use reasonable endeavours to relay the query to the seller. The seller will respond promptly to the query and the auctioneer will relay the seller's response to the relevant bidder or potential bidder as soon as reasonably practicable.
9.1. At the Seller's request: The seller will notify the auctioneer if a lot is advertised or offered for sale elsewhere in addition to the auction. The seller will use all reasonable endeavours to ensure that he does not request the withdrawal of a lot from an auction once that auction has commenced. In the event that the seller requires a lot to be withdrawn from an auction or cancelled as a result of the independent sale of the Lot or otherwise, the seller will immediately notify the auctioneer in writing and:
9.1.1. provided that at least 48 hours of the auction time remains, the auctioneer will cancel the auction in relation to that Lot.
9.1.2. if fewer than 48 hours of the auction time remains, the auctioneer will cancel the auction in relation to that Lot and the seller will pay to the auctioneer: 126.96.36.199. where no bids have been received and no reserve value was stated,
188.8.131.52. where Bids have been received and no Reserve Value was stated, an amount equivalent to the Buyer's Premium calculated by reference to the highest Bid at the time of such cancellation;
184.108.40.206. where Bids have been received in respect of the Lot in question, but the Reserve Value has not been met, an amount equivalent to the Buyer's Premium calculated by reference to the Reserve Value;
220.127.116.11. where Bids have been received in respect of the Lot in question and the Reserve Value has been met, an amount equivalent to the Buyer's Premium calculated by reference to the highest Bid at the time of such cancellation, in each case together with the reasonable costs incurred by the Auctioneer;
9.1.3. if the Auction in question has ended, then the Seller will be liable to pay to the Auctioneer an amount equivalent to the Buyer's Premium on the Sale Price, together with the reasonable costs incurred by the Auctioneer. The Seller acknowledges that the cancellation and withdrawal of Lots at his request which have received Bids, or which have ended with a successful Buyer may result in a claim or claims being made against him by Bidders and/or the Buyer in question for damages or costs incurred by them. The Seller further acknowledges that the Auctioneer will have no liability to the Seller, any Bidder, or the Buyer in such circumstances.
9.1.4. Relisting: Once instructed to consign an item to auction The Auctioneer shall continue to list the item at the most recently communicated reserve price from the Vendor until such time as either a) It is sold by The Auctioneer or b) The Vendor expressely removes their consent for the item to be consigned or marketed in any way by The Auctioneer.
9.2.By the Auctioneer: The Auctioneer shall be entitled to withdraw, cancel or remove a Lot from Auction:
9.2.1. in accordance with Condition 3.3.2; or
9.2.2. in accordance with Condition 3.3.3; or
9.2.3. in circumstances where the Auctioneer, acting in good faith, has cause to doubt the ownership and/or authenticity of a Lot; or
9.2.4. in circumstances where the identity of the Seller is called into question; or
9.2.5. for any other bona fide reason acting in the genuine commercial interests of the Auctioneer. The Auctioneer will have no liability to the Seller, any Bidder, or a Buyer in the event that the Auctioneer withdraws, cancels or removes a Lot from an Auction in accordance with this Condition 9.2.
9.2.6 The seller is obliged to inform the auctioneer immediately if a consigned item becomes unavailable for sale. In the event that an item becomes unavailable for sale and the auctioneer is informed after a bid which meets or exceeds the reserve price, then the seller shall be liable to pay an amount of 50% of the Buyer's Premium + VAT at 20%. It is the responsibility of the seller to check the current bidding status of their consignments by viewing their account or contacting the auctioneer before taking any action that would lead to the consignment becoming unavailable. Failure to meet this responsibility shall result in the above charge being applied to the Seller's account.
10.1 The Seller and the Auctioneer agree that Sniping is to be discouraged in the auction process. To this end, in the event that a Bidder submits a Bid within 10 minutes of the closure of any Auction, the Auctioneer reserves the right to automatically extend the time during which Bids can be submitted for a Lot by successive ten (10) minutes periods until a clear period of 10 minutes prior to closure of the Auction is achieved.
11.1. The Buyer will be required to pay the Sale Price and the Buyer's Premium to the Auctioneer after the Auction has ended. The Auctioneer will confirm receipt of funds to the Seller as soon as reasonably practicable.
11.2. Transfer of Goods The Seller will either contact the Buyer to arrange the collection of the Goods or dispatch the Goods within 24 hours of receiving confirmation of receipt of funds form the Auctioneer.
11.2.1. Goods held by the Seller: the Seller will confirm to the Auctioneer by email or through the Seller's Auction Account that the Goods have been collected, or in the case of Goods to be dispatched, that the Goods have been dispatched, together with the courier details and consignment number. The Auctioneer will not release sale proceeds to the Seller unless and until such confirmation is received. The Auctioneer reserves the right to contact the Buyer to confirm collection or receipt of the Goods [and the quality of service they have received from the Seller].
11.2.2. Goods held by the Auctioneer: The Auctioneer will arrange collection of the Goods from the Auctioneer's premises with the Buyer, such collection to take place no earlier than 24 hours after confirming receipt of funds to the Seller and provided further that the Goods have not been withdrawn in accordance with Condition 9.
11.3. Subject to confirmation of collection or dispatch in accordance with Condition 11.2 and the Auctioneer's rights to set off sums owing to the Auctioneer and/or the Buyer pursuant to Conditions 15.2, 15.3 and 15.4 and to Condition 11.4 below, the Auctioneer will account to the Seller for the Sale Price within 14 Business Days from receipt of the goods by the buyer. Where the Seller has multiple Lots in the same Auction or in the event of a Bulk Listing, payments to the Seller will be grouped together and (subject to confirmation of collection or receipt) paid to the Seller at 14 days from receipt of the last item in the transaction. 11.4. In the event that the Auctioneer is notified by the Buyer that he intends to request or has requested a refund of the Sale Price on the basis of a breach of the Seller's warranties in Condition 5.1 or otherwise, the Auctioneer may retain the Sale Price (notwithstanding Condition 11.1) until the matter is resolved in accordance with Condition 15.
11.5. If the Buyer fails to pay the Sale Price and the Buyer's Premium within 20 Business Days of the end of the Auction, the Auctioneer will deem the sale in question void and will endeavour to re-list the Lot in question at the next suitable Auction. The Seller acknowledges that a delay of 60 days between Auctions is a standard period between listings.
11.6. Where a Buyer pays for Goods but does not collect them (and such Goods are not due for dispatch), then the Auctioneer reserves the right to pay for the item from the Buyer's funds held by the Auctioneer and transport the Goods in question to the Auctioneer's premises for later collection or disposal.
11.7. If the Buyer fails to supply their name or address or that of the person on whose behalf the Buyer has bid, the Auctioneer is authorised by the Seller to auction the Goods again at any time.
11.8. Remittance to the vendor is made in full, 14 days after the buyer receives the goods. Where the vendor is aware that a buyer has paid their invoice i.e. has received email notification of payment from the auctioneer, and the vendor refuses to release the goods to the buyer or a third-party courier acting on their behalf and producing a copy of the auctioneer's collection note, then the auctioneer shall not be liable for any transport or associated costs incurred by the buyer. In these circumstances, the seller shall be expected to release the goods to the buyer on proof of identification. The seller shall be liable for any costs incurred by the buyer for collections which are unsuccessful because of this reason. For the avoidance of doubt, the auctioneer can confirm by telephone whether payment has been received in full and therefore sellers are advised to arrange collections between 09:00-16:30 on weekdays. Likewise, the auctioneer shall not be liable if the vendor releases goods to a third party in error, having not been made aware that payment has been received by the auctioneer, or having not suitably checked the identity and legitimacy of the buyer or collecting agent.
12.1. A Seller may store unsold Goods at the Auctioneer's premises at the Auctioneer's discretion and with the Auctioneer's prior written consent. The Auctioneer will be entitled to charge the Seller for such storage at the rate of £20 per week per item plus VAT. For large Items such as Vehicles or Heavy Machinery or High Value Items valued at £10,000 or more, this figure will be £50 per week per item.
12.2. If the Goods remain at the Auctioneer's premises for a period of 10 Business Days or more after:
12.2.1. the end of the relevant Auction; or
12.2.2. the Auctioneer's written request to the Seller to remove the [unsold] Goods, the Seller will pay to the Auctioneer an additional storage fee of £20/day per item, plus VAT and, in the case of unsold Goods only, the Auctioneer is authorised by the Seller to sell the Goods at the Auctioneer's discretion to defray costs and storage charges, in addition to the Auctioneer's remuneration for the services being provided by the Auctioneer to the Seller which shall be agreed upon prior to delivery or collection of the Goods]. Any Reserve Value previously specified by the Seller will not be applicable after the Auctioneer has given written notice to the Seller to remove the Goods from the Auctioneer's premises in accordance with this Condition 12.
12.3. The Auctioneer shall not be responsible for any loss of or damage of Goods howsoever caused, whether or not the Goods are stored at the Auctioneer's premises. The Seller will be responsible for insuring against loss of or damage to the Goods at all times until risk and title in the Goods has passed to the Buyer.
13.1. The Auctioneer reserves the right to claim and/or commence legal proceedings against a Buyer for an unpaid Buyer's Premium and any storage charges and related damages, costs and expenses incurred by the Auctioneer. The Auctioneer will not be liable to commence legal proceedings and/or claim against the Buyer on behalf of the Seller for the Sale Price, the Seller's costs or any other damages, costs or expenses.
13.2. The Seller undertakes to immediately notify the Auctioneer in the event that the Seller commences legal proceedings against a Buyer who fails to pay for an item and to keep the Auctioneer informed as to the progress of any such proceedings.
The Auctioneer's liability to the Seller is limited to the higher of:
14.1. [26%] of: the Sale Price of the Lot to which a claim relates, less the Buyer's Premium in relation to that Lot; or the higher of the Reserve Value or the highest Bid in respect of an unsold Lot to which a claim relates, less a sum equivalent to the Buyer's Premium calculated on the basis of that amount; and the sum of £1,000 (one thousand pounds), in respect of all and any claims made by the Seller against the Auctioneer in relation to a particular Lot.
14.2 The Seller acknowledges that the Auction is an automated web-based process. The Auctioneer will not be liable for any damages, costs, claims or losses howsoever arising from any power outages, internet down-time or any other matter or event outside the control of the Auctioneer notwithstanding that the likelihood of such a matter or event had been notified or may have been apparent to the Auctioneer prior to the commencement of any Auction.
15.1. In the event that a dispute arises between the Seller and a Buyer, the Seller will deal directly with the Buyer to find a negotiated settlement. If the Seller and the Buyer are unable to agree a negotiated settlement between themselves then (at the written request of either the Seller or the Buyer) the Auctioneer may, at its discretion, endeavour to negotiate a settlement between both parties. If the item has been described incorrectly or in a manner to mislead, then the Auctioneer will look more favourably on the Buyer. If a resolution cannot be reached within a reasonable time frame, then the Auctioneer will make a decision that will be binding.
15.2. In any case, the buyer will have 10 days from receipt of their item in which to raise a dispute regarding the good received. The buyer should notify the vendor and auctioneer at the earliest opportunity, but no more than 10 days after receipt, regarding any perceived issues. Complaints or issues raised after this time frame should be directed to the vendor and the auctioneer cannot accept any liability for issues raised outside of this time frame.
15.3. The buyer is advised to check any and all goods immediately on receipt or at the point of collection and raise any issues at the earliest possible point. By signing for the delivery of goods the buyer is accepting that the goods have been received as per the description, and so should ensure they are checked appropriately, or explicitly sign to say, 'goods received unchecked'. Goods identified as not matching their description should not be removed from the site by the buyer if collecting and the issues raised with the vendor on collection or by telephone or email to the auctioneer immediately if a resolution cannot be found.
15.4. In the event that a refund is due from the Seller to a Buyer in relation to any Goods, the Auctioneer will endeavour to make the refund from the proceeds of the Seller's sales held on his Auction Account. If the said Auction Account contains no or insufficient funds, the Seller must make payment of the full amount or the balance (as the case may be) within 24 hours of the request of such payment by the Auctioneer. The Auctioneer will look to reclaim a minimum of 50% of the lost commission for the refund of an item from the Seller. Payment must be made within 24 hours of the request of payment to the Seller.
15.5. The Auctioneer may deduct the Buyer's Premium and any other remuneration and/or charges payable to it by the Seller and/or the Buyer from any sum received by the Auctioneer from the Buyer of any Goods prior to accounting to the Seller for the balance.
15.6. In the event that the Auctioneer holds any funds in the Seller's Auction Account to the credit of the Seller at any time, the Seller agrees, and the Auctioneer is authorised to set off against such credit balance any undisputed amount owed to it by the Seller under these Conditions in relation to any Lot or Lots, or under the Auctioneer's terms and conditions for Buyers in circumstances where the Seller owes money to the Auctioneer as buyer of any other Goods.
15.7 Disputes in Relation to Diamonds, Gemstones and Jewellery 15.7.1 In relation to disputes involving Diamonds, Gemstones and Jewellery, there is a standard procedure which will be employed in order to reach a resolution. Items of this nature called into question will be sent to the Independent AnchorCert Gem Lab at the Assay Office in Birmingham to be tested for the characteristics called into question. On receipt of the report from AnchorCert, their findings will be treated as final. If the item tested is found to be as described in the auction, the item will be returned to the buyer who shall be liable for the costs associated with the assessment. In the event the item is materially different to the description provided in the auction then the seller will be liable to refund the buyer for the full amount paid, the auctioneer for 100% of the buyer's premium, and the costs associated with the assessment. The item will be returned to the seller on receipt of these funds in full. Responsibility for ensuring that the description is accurate lies entirely with the seller prior to listing. In all cases, the AnchorCert report shall provide the basis for the mediation and the Auctioneer's decision is final taking into consideration some tolerance for minor discrepancies. The overarching principle in determining any dispute is that all parties are treated fairly and with respect in the circumstances.
15.7.2 Where any dispute is raised, the vendor has a period of 28 days within which to offer a resolution. Where the vendor and buyer cannot agree on a resolution, the auctioneer will seek to mediate and provide a conclusion within this time frame which may include but is not limited to: dismissing the buyer's complaint as unreasonable/unfounded; recommending a partial or complete refund; recommending another act as a gesture of goodwill such as free delivery; suggesting a third-party assessment as per clause 15.7.1; or any combination of the above. Where the vendor fails or is unable to offer an appropriate and fair resolution within the 28 day period from being made aware of the issue then the auctioneer will seek to support the buyer in receiving a refund, notwithstanding that their claim is deemed to be unfounded or unreasonable.
17.1. No one other than the Auctioneer will have any right to enforce any of these Conditions.
17.2.Nothing in these Conditions is intended to, or shall be deemed to, establish any partnership or joint venture between the Seller and the Auctioneer or any other parties, or to constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party. Each of the Auctioneer and the Seller confirms, except where stated in a Special Condition, that it is acting on its own behalf and not for the benefit of any other person.
17.3. These Conditions constitute the entire agreement between the Seller and the Auctioneer. Notwithstanding this, in the event of a conflict between these Conditions and any Special Conditions, the Special Conditions will prevail.
17.4.If any of these Conditions (or part of any Condition) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other Condition will not be affected. If any Condition (or part of any Condition) is or becomes illegal, invalid or unenforceable but would be legal, valid and enforceable if some part of it was deleted or modified, the Condition or part-Condition in question shall apply with such deletions or modifications as may be necessary to make the Condition legal, valid and enforceable.
17.5. The Auctioneer reserves the right to amend these Conditions at any time. The changes will be emailed to all registered Sellers with a current Auction Account with the Auctioneer and will be included in the Auctioneer's 'Terms and Conditions' section of its Website. A copy of the latest Conditions can be found at www.williamgeorge.com.
17.6. The Auctioneer may subcontract or delegate in any manner any or all of its obligations under these Conditions to any third party, provided that it gives written notice of such subcontract or delegation to the Seller. The Seller shall not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of its rights and obligations under these Conditions.
17.7. These Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the law of England and Wales.
17.8. Each of the Seller and the Auctioneer irrevocably agree that the courts of England and Wales shall, subject to Condition 15.1, have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Conditions or their subject matter or formation (including non-contractual disputes or claims).
18.1.Where a vendor receives complete, accurate and prompt documentation to prove that goods have been exported they shall be liable to arrange the refund of the VAT to the buyer, assuming the transaction is complete and the funds including VAT have been paid to the vendor's account. The Auctioneer does not accept liability for any VAT refunds unless specifically agreed with all parties prior to the sale and at no time does the Auctioneer take ownership of third party goods during any transaction. Any late submissions of export documentation should be made to HMRC following the protocols advised by them. It is the responsibility of the buyer to prepare and submit any export documentation promptly and accurately to avoid any delay in receiving a refund and this remains the case even where an EU VAT number is provided. It is the responsibility of the seller to refund any VAT received by them in relation to a sale where the correct and complete documentation is provided by the buyer within 28 days of the sale.Where a vendor receives complete, accurate and prompt documentation to prove that goods have been exported they shall be liable to arrange the refund of the VAT to the buyer, assuming the transaction is complete and the funds including VAT have been paid to the vendor's account. The Auctioneer does not accept liability for any VAT refunds unless specifically agreed with all parties prior to the sale and at no time does the Auctioneer take ownership of third party goods during any transaction. Any late submissions of export documentation should be made to HMRC following the protocols advised by them. It is the responsibility of the buyer to prepare and submit any export documentation promptly and accurately to avoid any delay in receiving a refund and this remains the case even where an EU VAT number is provided. It is the responsibility of the seller to refund any VAT received by them in relation to a sale where the correct and complete documentation is provided by the buyer within 28 days of the sale.