SPOTLIGHT AUCTIONS - TERMS AND CONDITIONS
Please read these Terms of Sale carefully. 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.
1. General
Spotlight Auctions is an exclusive online auction service
Whilst Spotlight Auctions make every effort to ensure the accuracy of their online catalogue and the description of any lot:
I. Each lot as set out in the website or as divided or combined with any other lot, or lots, is sold by the vendor with all faults, imperfections and errors of descriptions.
II. Spotlight Auctions do not accept any responsibility for the authenticity, attribution, genuineness, origin, authorship, date, age, period, condition or quality of any lot unless they have been instructed in writing by the vendor so to certify and in such cases the auctioneers do so as agents for the vendor and are not themselves responsible for such claims.
III. All statements, whether printed in the catalogue or made orally as to any of the matters set out in II. above are statements of opinion only and are not to be taken as being or implying any warranties or representations of fact by Spotlight Auctions, unless they have been instructed in writing by the vendor so to certify, and in such cases Spotlight Auctions do so as agents of the vendor and are themselves not responsible for such claims.
IV. Any claim under any statute must be received in writing by the auctioneer within ten days of the sale.
2. The Auction
I. Spotlight Auctions is a purely online auction service, auctions are streamed live online via our website or third party auction streaming services. Bids may be made live by pre-registered bidders either live online or prior to the live auction through commission/proxy bids.
II. The auctioneer has the absolute discretion to divide any lot, to combine any two or more lots or to withdraw any lot, or lots, from the sale, to refuse bids, regulate bidding or cancel the sale without in any case giving reason or without previous notice. He/she may bid on behalf of the vendor for all goods which are being offered subject to reserve or at the auctioneers discretion.
III. The highest bidder shall be the buyer except in the case of a dispute. If during the auction the auctioneer considers that a dispute has arisen, he/she has absolute discretion to settle it or re-offer the lot. The auctioneer may at his/her sole discretion determine the advances or bidding or refuse a bid.
IV. Each lot is put up for sale subject to any reserve price placed by the vendor. Where there is no reserve price (but not otherwise) the seller has the right to bid either personally or by any one person (who may be the auctioneer).
V. All conditions, notices, descriptions, statements and other matters in the catalogue and elsewhere concerning any lot are subject to any statements modifying or affecting the same made by the auctioneer from the rostrum prior to any bid being accepted for the lot.
All goods sold in our auctions are second hand and the sale of Goods Act 1979 (as amended) does not apply to any item purchased at one of our auctions.
All lots are sold as shown with any faults, errors of description and imperfections.
Spotlight Auctions will provide detailed photographs to highlight actual condition of lots.
Spotlight Auctions are not a professional grading service therefore descriptions given are statements of opinion and buyers should use photographic evidence and the opportunity to virtually view any item to establish condition.
The auctioneer shall not be held responsible for the date, age, authenticity, period or condition of any lot. Every effort is made to ensure that all items, autographs etc. are original and authentic.
3. Auction Viewing and Participation
Virtual Viewing Appointments
All items are available to view virtually by pre-arrangement with Spotlight Auctions by contacting us at
[email protected]. This is a free service and we urge all prospective bidders to take advantage of this service.
InspectionEach buyer, by making a bid for a lot acknowledges that he/she has satisfied him/herself fully before bidding by inspection or otherwise in accordance with all sale terms and conditions, physical condition and description of the lot, including but not restricted to whether the lot is damaged or has been repaired or restored.
We may be able to assist buyers unable to view virtually by emailing a condition report, but these are based solely on our own opinion, are for guidance only and no responsibility is accepted for their accuracy. Intending buyers are strongly encouraged to view the lots virtually. Condition reports cannot be prepared on the day of the sale.
Catalogue Descriptions
Please note in our catalogue descriptions we may make reference to the condition of the item(s). This is based solely on our own opinion or the opinion of the vendors and are for guidance only and no responsibility is accepted for their accuracy.
Estimates
Estimates are prepared in advance of the sale and do not include the buyer’s Premium (or VAT when this is paid on the hammer price). These are purely intended as a guide to prospective purchasers and may be altered before the auction of the lot - they are not definitive.
Telephone Bidding
Spotlight Auctions is purely an online service and no telephone bidding service is available.
Commission / Absentee / Proxy Bidding
Many people who are unable to attend the online auction in person choose to leave commission bids. Simply state the maximum price you would like to pay for a lot (excluding Buyer’s Premium), and the auctioneer will bid on your behalf for the lowest possible amount, subject to the reserve and other competing bids. This is a popular service for those who are unable to bid live and can be made through our website or through third party auction services.
3. Bidding
In making any bid or commission bid the purchaser accepts that attention has been drawn to these conditions of sale, and agrees to be bound by them.
The highest bidder shall be the purchaser.
The auctioneer reserves the right to refuse any bid, and regulates the advance of bidding.
The auctioneer reserves the right of absolute discretion should a dispute occur concerning a sale, including the right to offer any disputed lot for re-sale.
Where a vendor has imposed a reserve, the auctioneer shall have the right to bid on his/her behalf.
Before commencement of the auction, prospective purchasers must register their name and address and be issued with a bidding number. Failure to do so gives the auctioneer the right to disregard any unregistered bid and re-enter the lot for sale.
The auctioneers, at their discretion, may modify any description or statement in the catalogue.
Conditions of Sale - Purchasers
You must register your details with us 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 entering the online auction to view or bid.
I. Acknowledgment: In making a bid for any lot whether online in person or otherwise all persons acknowledge they have read, understand and abide by all these Conditions of Sale.
II. The contract for the purchase of the lot between you and the seller will be formed when the hammer falls accepting the highest bid for the lot at the auction.
III. Title: Responsibility for a purchased lot shall pass at the fall of the hammer; however, legal title shall not pass until the auctioneer is in possession of cleared funds in payment for that lot.
IV. Payment and Clearance: All lots must be paid for in full within 7 days following the conclusion of the auction except where agreed by the auctioneer in writing.
V. No lot(s) may be removed until cleared funds are to hand except where agreed by the auctioneer.
VI. Any lot(s) not paid for will incur storage charges calculated at the sole discretion of the auctioneer and interest at 3% over Bank Base Rate. Any lots which have not been paid for will be made unsold and the bidder will be banned from buying in future sales. We reserve the right to share non-paying bidder information with other auction houses and the operators of live bidding services.
The Buyer will pay to the auctioneer the hammer price together with a Buyer’s Premium calculated at a rate of 20%+VAT at the prevailing rate.
The Purchase Price
As Buyer, you will pay:
a. The hammer price.
b. A buyer’s premium of 20%+VAT.
c. Online bidding fee: NO ONLINE BIDDING FEE (0%)
Value Added Tax
You shall be liable for the payment of any VAT applicable on the hammer price and premium due for a lot.
Lots on which Value Added Tax may be payable by the buyer on the "hammer price" are indicated in the catalogue by a symbol beside the lot number. The buyer shall pay any VAT which may be due on any amounts owed by the buyer under these Terms of Business at the rates prevailing on the day of the auction.
We will charge VAT at the current rate at the date of the auction.
Auctioneers Margin Scheme.
The Auctioneers Margin Scheme allows auctioneers to sell some items without VAT on the hammer price. Under the margin scheme an amount equivalent to VAT at the current rate is added to the buyer's premium only, and not to the hammer price. This amount cannot be refunded.The VAT element will not be shown separately on the buyer's invoice.
Online bidding
As detailed above, any lots purchased via one of the live online bidding services will be subject to an additional commission charge on the hammer price payable by the bidder, in accordance with rates specified by the online service.
Payment
Payment must be received in full within 7 working days following the auction.
Our preferred payment method is by bank / wire transfer, (all costs associated with bank transfers must be met by the purchaser). However, we also accept payment by credit and debit cards. These are online payments only and can be made via the link on the invoice.
Following the day of the sale, we will send out invoices to all successful online and bidders via email.
We will, wherever possible, include on the invoice a charge for packing and shipping the lots purchased. Packing is automatically undertaken in house and shipment is made by Courier or Royal Mail. Insurance cover on shipments is not provided within this charge
See section 4 - Postage and Shipping for more information.
Alternatively, you can (at your own expense) pay for and personally collect or arrange your own courier to collect any lots that you have purchased. This must be undertaken no later than 7 days following the day of the auction. You may not claim or collect a lot until you have paid for it.
If you do not pay for or collect the Lot within this time period, you will be responsible for any reasonable removal, storage and insurance charges in relation to that lot.
Remedies for non-payment or failure to collect purchases
Please do not bid on a Lot if you do not intend to buy it. If your bid is successful, these Terms of Sale will apply to you. This means that you will have to carry out your obligations set out in these Terms of Sale. If you do not comply with these Terms of Sale we may (acting on behalf of the Seller and ourselves) pursue one or more of the following measures:
1. Take action against you for damages for breach of contract;
2. Reverse the sale of the Lot to you and/or any other Lots sold by us to you;
3. Resell the Lot by auction (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 8.5). Please note that if we sell the lot for a higher amount than your winning bid, the extra money will belong to the Seller;
4. Remove, store and insure the lot at your expense;
5. If you do not pay us within 7 days of your successful bid, we may charge interest at a rate not exceeding 1.5% on the total amount due;
6. Keep that lot or any other lot sold to you until you pay the Total Amount Due;
7.
8. Reject or ignore bids from you or your agent at future auctions or impose conditions before we accept bids from you; and/or if we sell any lots for you, use the money made on these lots to repay any amount you owe us.
4. Postage and Shipping
We are pleased to be able to offer buyers our in-house postage and packaging service for many items.
Following the sale, we will send out invoices to all successful bidders via email. We will wherever possible include on the invoice a charge for packing and shipping of the lots purchased.
Packing is automatically undertaken in house and shipment is made by Courier or Royal Mail. Insurance cover on shipments is not provided within this charge.
Each P+P amount is calculated per invoice/bidder and is calculated dependant on weight and number of items.
If your lot(s) can be packed and posted by our in-house packing service a P+P charge will be shown on your invoice.
You are under no obligation to use our P+P service therefore if you would rather collect in person or use one of our recommended third parties for delivery of your item(s) then P+P can obviously be removed from your invoice.
Please note that items can only be posted to the address on your invoice. Please contact us for further details.
P+P charges are subject to VAT.
Lots must be paid for before they are shipped.
For more information and terms and conditions for shipping along with guide prices see our shipping policy for more information.
5. Selling
Conditions of Sale - Vendors
a. Indemnity: The vendor indemnifies the auctioneer together with his servants and agents who act solely as agent for the vendor.
b. Title: The vendor warrants to the auctioneer and the purchaser that he is the absolute owner of any lot and is authorised to sell the same and pass marketable title free of any encumbrance or claim.
c. Instructions: All lots are sold at the auctioneer’s discretion unless written instructions to the contrary are received by the auctioneer more than 24 hours prior to the auction. (Responsibility for receipt of such instructions rests with the vendor).
d. Proceeds: The vendor authorises the auctioneer to deduct all monies due to him from the auction proceeds.
e. The auctioneer shall not be liable for settlement of any lot(s) for which he is not in possession of cleared funds.
Selling Charges
A Standard submission charge of £3.00 will be charged to all individual lots. This fee is charged regardless of successful sale of the items.
In addition, should the auction lot be sold and paid for by the vendor as per our pricing policy the vendor will be charged a sellers commission of 16%+ VAT of the total sale price (hammer) – which includes all the costs associated with entering items for auction.
All charges are plus VAT.
The seller gives Spotlight Auctions the permission to deduct all selling charges and commissions from successful sale payments made to the vendor by Spotlight Auctions.
Transfer of funds
Transfer of funds to vendors on successful sales will be made a maximum of 28 working days after the sale. We pay you directly into your bank account. Any unsold items can be returned to you at this stage or be held by us for re-entry in a later sale.
6. Important Information
Online Live Webcast
Spotlight Auctions offer an online bidding service via easyliveauctions.com or our own website.
In completing the bidder registration on any of the online platforms and providing your credit card details and unless alternative arrangements are agreed with Spotlight Auctions you:
a. Authorise Spotlight Auctions, if they so wish, to charge the credit card given in part or full payment, including all fees, for items successfully purchased in the auction, and
b. Confirm that you are authorised to provide these credit card details to Spotlight Auctions and agree that Spotlight Auctions are entitled to ship the goods to the card holder name and card holder address provided in fulfilment of the sale.
Additionally:
• Please note that any lots purchased via the online platforms will be subject to an additional commission charge inclusive at the rate imposed on the hammer price as detailed in the pricing section in these T&C’s.
• If Value Added Tax (VAT) is applicable to any lots this will be indicated in the catalogue listings
• For absentee bids, please complete the Commission Bid form and return it to the auctioneer who will execute such bids without obligation.
• It remains the responsibility of the Purchaser to satisfy himself/herself as to the condition of each piece and lot. See General Conditions of Sale.
• Estimates are a guide as to what price the lot may attain based on previous results and Spotlight Auctions knowledge of the prevailing market.
• Lots will be sold in numerical order (unless otherwise stated) at a likely rate of between 100 lots per hour.
• Payment and Clearance: Accounts may be settled by bank transfer, debit card or credit card
Property and Risk
Legal title will not pass to the buyer until the lot(s) have been paid for in full and the auctioneers shall be entitled to a lien on any lot sold until the purchase price is paid in full, but each lot is at the sole risk of the buyer from the fall of the hammer.
Further information regarding descriptions and condition
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 (ii) our opinion (although it is likely that we will not be able to carry out a detailed inspection of each lot).
2. We will give you a number of opportunities to view and inspect the lots before the auction. You (and any independent consultants acting on your behalf) must satisfy yourself about the accuracy of any description of a lot. We shall not be responsible for any failure by you or your consultants to properly inspect a lot.
3. 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.
4. Please note that lots (in particular second-hand 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 Spotlight Auctions nor the seller accept any liability for the condition of second-hand lots or for any condition issues affecting a lot if such issues are included in the description of a lot in the auction catalogue (or in any saleroom notice) and/ or which the inspection of a lot by the Buyer ought to have revealed.
5. Descriptions and conditions reports with particular relation to autographed materials or works are given as stated in Clause 1. We will give indications of provenance where stated by sellers. It is imperative that potential buyers or their agents inspect lots that interest them prior to the auction. Purchases of autographed materials and works are made at the risk of the purchaser. Subject to our Terms and Conditions we cannot accept returns on these items.
Our liability to you
We will not be liable for any loss of opportunity or disappointment suffered as a result of participating in our auction.
In addition to the above, neither we nor the seller shall be responsible to you and you shall not be responsible to the seller or us for any other loss or damage that any of us suffer that is not a foreseeable result of any of us not complying with the Conditions of Business. 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.
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 to us for any lot.
Data Protection
We will only hold and process any personal data in relation to you in accordance with our current privacy policy and GDPR Guidelines.
Spotlight Auctions accept no responsibility for the accuracy of any statement, whether printed in a catalogue or made orally, as to grading, authorship, attribution, genuineness, origin, date, age, provenance and condition.
All such statements are ones purely of opinion and are not to be taken as being, or implying, warranties, guarantees or representations of fact.
Spotlight Auctions reserve the right in forming their opinion, to consult and rely on any expert or authority considered by them to be reliable. Ample opportunity is given for inspection.
Each purchaser, by making a bid for a lot, is deemed to have understood all the Conditions of Sale and to have satisfied themselves as to the condition of the lot and the accuracy of its description, including whether the lot is damaged or has been repaired.
