Etrusca’s Auction - Buyer Terms and Conditions
These Terms and Conditions govern the relationship between Etrusca’s Auction Ltd (hereinafter referred to as “Etrusca’s,” “we,” “us,” or “our”) and all participants in the auction, including bidders and buyers. By registering for and participating in our auctions, you (the "buyer" or "bidder") agree to be bound by these Terms and Conditions. Please read them carefully before proceeding.
A. Definitions
1. Auction, Agent, We, Us : Refers to Etrusca’s Auction Ltd, its appointed auctioneer, or any authorized representative acting on behalf of Etrusca’s.
2. Seller, Vendor, Consignor : Refers to the individual or entity that owns the item(s) being sold and has entered into an agreement with Etrusca’s to offer the item(s) for sale.
3. Buyer : The person or entity who places the highest bid accepted by the auctioneer agrees to purchase the item at the final sale price.
4. Hammer Price : The final bid price at which the auctioneer concludes the sale of an item by dropping the auctioneer's hammer.
5. Total Amount Due : Refers to the full purchase price, including the hammer price, any applicable buyer’s premium, and other charges such as shipping fees, taxes, and Value Added Tax (VAT) where applicable.
B. Agency
1. Role of Etrusca’s : Etrusca’s primarily acts as an agent on behalf of the seller, unless otherwise stated. For reasons of confidentiality, the seller’s identity may not be disclosed to the buyer. The buyer's contract of sale is directly with the seller, not with Etrusca’s.
2. Seller’s Information : Etrusca’s relies on information provided by the seller regarding the items offered for sale. While we may inspect items, we are not responsible for in-depth verification or research into the item’s history or condition.
3. Seller’s Warranties : The seller warrants that they are the rightful owner of the item or have legal authority to sell the item. The seller guarantees that they can transfer ownership free of third-party claims.
C. Descriptions and Condition of Items
1. Accuracy of Descriptions : While Etrusca’s endeavors to describe auction lots as accurately as possible, our staff are not professionally certified restorers or conservators. Due to the nature of auctions, we cannot always conduct detailed research on each item.
2. Buyer's Responsibility to Inspect : Buyers are encouraged to inspect items before bidding and ensure that the item meets their expectations. We strongly recommend that buyers seek independent expert advice on items of significant value.
3. Condition Reports : Condition reports may be requested by prospective buyers. These reports will assess the condition of the lot with reasonable care, but they are not guaranteed to be comprehensive or entirely accurate.
4. Opinion vs. Fact : Descriptions, statements, or representations made by Etrusca’s regarding the item’s condition, authenticity, age, origin, or value are opinions based on available information. While these opinions are given in good faith, neither Etrusca’s nor the seller accepts liability for their accuracy.
D. Estimates
1. Purpose of Estimates : Any estimates provided are intended as a general guide to help buyers gauge the potential value of a lot. They are not firm predictions of the final sale price and should not be treated as definitive valuations.
E. Registration and Admission
1. Bidding Registration : All prospective bidders must register with Etrusca’s prior to bidding and may be required to provide proof of identification, address, and financial capacity. Etrusca’s may impose security measures at its discretion.
2. Right to Refuse Admission : Etrusca’s reserves the right to refuse admission to its premises or participation in any auction without providing a reason.
F. Bidding, Absentee Bids, and Telephone Bids
1. Principal Responsibility : Bidders act as principals in their bids and are personally liable for payment of the purchase price unless prior written consent has been given by Etrusca’s to accept a bid on behalf of a third party.
2. Absentee and Telephone Bids : If a buyer arranges with Etrusca’s to bid by proxy (absentee bid) or by telephone, Etrusca’s will make reasonable efforts to facilitate the bid. However, Etrusca’s does not accept liability for any errors, failures, or omissions in the execution of such bids.
G. Reserves
1. Confidential Reserve Prices : Items may be sold subject to a reserve price, which is the minimum price agreed upon between the seller and Etrusca’s. The reserve price is confidential and is not disclosed to bidders.
2. Auctioneer Bidding on Behalf of the Seller : The auctioneer may bid on behalf of the seller up to the reserve price. This includes placing consecutive bids or responding to bids made by other participants.
H. Auctioneer’s Discretion
1. Discretion to Refuse Bids : The auctioneer has the sole discretion to refuse any bid, advance the bidding in increments they deem appropriate, and withdraw or divide/merge lots at any time during the auction.
2. Bidding Increments : Bidding increments are determined by the auctioneer and may vary depending on the item and level of bidding activity.
I. Successful Bid and Transfer of Risk
1. Successful Bid : The buyer is the highest bidder whose bid is accepted by the auctioneer. A legally binding contract for the sale of the item is formed at this point.
2. Risk and Responsibility : Upon the fall of the auctioneer’s hammer, the buyer assumes full responsibility and risk for the item. Etrusca’s will not be liable for any loss or damage to the item after this point, except in cases of negligence on the part of Etrusca’s while the item remains in its custody for up to five working days post-sale.
J. Purchase Price and VAT
1. Purchase Price : The final purchase price comprises the hammer price plus a buyer’s premium of 25%, which is subject to VAT at the applicable rate.
2. Additional Charges : The purchase price does not include additional fees such as shipping, online bidding surcharges, or VAT on services. These will be charged separately.
L. Payment and Shipping
1. Payment Due : Full payment of the total amount due is required within five working days of the auction. Buyers may be required to provide proof of identity upon request.
2. Shipping : Buyers are responsible for arranging and covering the costs of shipping. Etrusca’s may assist with shipping arrangements but is not liable for any delays, losses, or damages that occur during shipment.
M. Ownership and Collection
1. Transfer of Ownership : Ownership of the item does not pass to the buyer until full payment has been received by Etrusca’s.
2. Collection of Purchases : Buyers must collect their purchased items from Etrusca’s premises within five working days. Any items not collected within this period may incur storage and insurance charges.
N. Export Licenses and CITES Regulations
1. Responsibility for Licenses : Buyers are responsible for ensuring compliance with all export regulations, including obtaining any necessary licenses. Etrusca’s will not rescind a sale if the buyer fails to secure the required export documents.
O. Remedies for Non-Payment or Failure to Collect
1. Rights of Etrusca’s : In the event of non-payment or failure to collect, Etrusca’s reserves the right to pursue remedies including but not limited to:
- Seeking damages for breach of contract.
- Reselling the item and holding the buyer responsible for any deficiency in proceeds.
- Charging storage fees of £10 per day (plus VAT).
- Charging interest on unpaid balances at a rate of 1.5% per month.
- Retaining any items bought by the buyer until full payment is made.
P. Third-Party Liability
1. Visitor Responsibility : Visitors to Etrusca’s premises do so at their own risk. Etrusca’s will not be held liable for personal injury, death, or damage to property except where caused by the negligence of Etrusca’s or its employees.
Q. Public and Online Auctions
1. Classification of Auctions : All auctions held by Etrusca’s, whether in person or via telephone/online, are considered public auctions in accordance with the Consumer Contracts Regulations 2013, unless explicitly stated otherwise.
2. Sale of Second-Hand Goods : All items sold are second-hand and are sold "as seen." Therefore, they are exempt from certain protections under the Sale of Goods Act 1989.
By participating in Etrusca’s auctions, you agree to these Terms and Conditions. For any questions or clarifications, please contact our team before placing a bid.
