TERMS & CONDITIONS OF SALE AND BUSINESS These conditions of sale and business constitute the contract between Red Rose Auctions Ltd and the seller, on the one hand, and the buyer on the other. We offer a timed auction service to our buyers. All bidders are requested to register with easyliveAuctio.com prior to bidding for lots in our timed auction. By completing the registration to Easy Live Auction and providing a valid debit/credit card then you will be able to bid on our timed auction. All bidders and purchasers must be over 18yrs old to register with easyliveAuction.com. Bidding. By bidding at the auction, and/or consigning to Red Rose Auctions Ltd, you agree to the following terms: 1. Definition. In these terms of business Red Rose Auctions Ltd is referred to as ‘Red Rose Auctions’. The Red Rose Auctions representative conducting the auction is referred to as the ‘auctioneer’.
2. Agency The auctioneer normally acts as agent only and disclaims any responsibility for default by sellers or buyers if the transaction is not completed and paid for.
3. Terms of Sale The seller acknowledges that lots are sold subject to the stipulations of these Conditions in their entirety and on the Terms of Consignment
4. The highest bidder is in due time to be the purchaser, and no person/s shall retract a bid. The advance on each lot shall be determined by Red Rose Auctions Ltd, who reserve the right of refusing any bid, and of altering, adding to, dividing, consolidating or withdrawing any lot or lots at the sale. Red Rose Auctions Ltd are the sole arbitrators of any dispute regarding any matter connected to the sale and their decision shall be binding on all parties. 4.1. Bidding via easyliveAuction.com is entirely at the risk of the bidder and Red Rose Auctions Ltd can take no responsibility if internet connections fail. 4.2. Bidding increments shall be at The Auctioneers discretion.
5. Confirmation of Sale. No sale is confirmed to an online bidder until an invoice from Red Rose Auctions Ltd has been issued. Buyers premium in addition to hammer price is 17.5% + VAT and is payable by all purchasers. Please note that lots purchased via easyliveAuction.com will be subject to an additional 3% commission charge + VAT (if flat fee of £3 is not selected during registration). So the full cost is 20.5% + VAT on the hammer price. 5.1. Method of payment: Bank Transfer to Account: Red Rose Auctions Ltd, Sort Code 40-12-04, Account Number: 92157217
6. Condition of Lots: Intending purchasers are in all cases responsible for determining the physical condition of lots. It is not intended that any statement as to the condition of a lot should be definitive and Red Rose Auctions Ltd cannot guarantee that there are no defects or imperfections. Lots are sold with description of all faults including damage, restoration, defect or working condition. Neither Red Rose Auctions Ltd nor the vendor shall give any warranty to the buyer in respect of any lot or be liable for any fault or error of description. All statements as to items sold, whether made in catalogues, during the auction or otherwise are statements of opinion only and are not and shall not be taken to statements or representations of fact. Electrical items are tested where possible for safety purposes and full working condition cannot be warranted on second user goods. Red Rose Auctions Ltd act solely as agents and shall not be responsible for any default by either the buyer or seller or for action or claim which may arise in respect of any lot.
7. Condition Reports. To assist intending buyers who are unable to view the sale, Red Rose Auctions Ltd will email/telephone a condition report upon request. This is for guidance only without legal obligations or prejudice to our Standard Conditions of Sale. Intending bidders must have satisfied themselves as to condition of the lot prior to the sale.
8. Forgeries. Notwithstanding Condition 6, any lot which proves to be a deliberate forgery may be returned to us by you within 21 days of the auction provided it is in the same condition as when bought, and is accompanied by particulars identifying it from the relevant catalogue description and a written statement of defects. If we are satisfied from the evidence provided that the lot is a deliberate forgery we shall refund the money paid by you for the lot including any buyer’s premium.
9. Collection of Goods. The Auctioneer will give the collection address, times and dates after every auction. Goods must be collected within 48 hours of the sale. Any time after this date then please inform us as we can then make certain arrangements with the buyer. Either posted out at a charge or an arrangement agreed by the both parties. We offer a comprehensive postal/packing service.
10. Lots. All lots are purchased at the sole risk of the purchaser from the point the hammer falls. And all lots must be taken away with all faults, defects and errors of any description without power to dispute.
11. Postage/ Shipment of Goods: All packages will be sent out uninsured, however quotes for insurance can be provided on request. Parcels will be sent out at the owners risk. We will endeavour to make sure item/s are properly packaged. Prohibited items that cannot be shipped will require collection. We aim to dispatch within 3 business days after all payments have been cleared. Standard packing charges apply (see list below), which DO NOT include the price of the actual shipment. STANDARD PACKING CHARGES 1-2 kg: £2.50 per parcel 2-5 kg: £4.00 per parcel 5-10 kg: £9.00 per parcel 10-15kg: £13.00 per parcel 15-30kg: £18.00 per parcel Where possible lots will be combined prior to shipment. This is solely at the discretion of the auctioneer. Delivery Service. Subject to availability, Red Rose Auctions Ltd can provide a local delivery service, which is limited to a 25 mile radius of Haslingden. A goods note will need to be signed and a picture will be taken as proof of delivery. Requests to leave goods in a designated safe place will be agreed in advance and will be at the sole risk of the purchaser. No liabilities will be held against Red Rose Auctions Ltd for lost or stolen parcels. Cost confirmed on enquiry and subject to availability.
12. Disputes. Any dispute not covered in these terms of business will be settled at the sole discretion of Red Rose Auctions Ltd. 13. Data Protection. Red Rose Auctions will use information provided by its clients or obtained by Red Rose relating to its clients for the provision of auction services or as required by law. Red Rose Auctions may need to record telephone conversations for security or legal reasons or as necessary to provide a higher quality of service. Clients agree that we may use sensitive information that they supply to Red Rose Auctions. Unless permitted by law, Red Rose will not otherwise process sensitive personal data without express consent. By agreeing to the Conditions of Sale and Business, clients agree to the processing of their personal information. TERMS AND CONDITIONS FOR SELLING: Red Rose Auctions Ltd act as the Auctioneers. 1. The vendor warrants to Red Rose Auctions Ltd, that he or she is over the age of 18yrs and the true owner of the goods or is authorised to sell the goods on behalf of the owner. The vendor will indemnify Red Rose Auctions Ltd, its’ servants and agents and the buyer against any loss or damage suffered by either in consequence of any breach of these conditions on the vendor's part. 2. Reserves. Unless agreed in advance all items sold with Red Rose Auctions Ltd will be listed without a reserve. If a reserve is required then please email us with details of the reserve price, taking into account the charges which will be deducted from the price. 2.1. The vendor shall be entitled to place a reserve on any lot at time of contract ONLY and this must be with the full agreement of the auctioneers, any lots that do not reach reserve in auction will be offered for sale again in the next auction at the auctioneers’ discretion. 3. Charges. Our fees cover all aspects of the auction process including insurance, cataloguing, photography and internet coverage on the Easy Live Auction platform. Red Rose Auctions standard charges are; £1 per lot plus VAT (whether sold or not) and 15% plus VAT on all hammer prices. Minimum charge £2.00. 4. Removal Costs Items for sale must be consigned to the Red Rose Auctions saleroom by the stated deadline and at the vendors expense. We may be able to assist you with this process but any liability incurred to a carrier for haulage charges is solely your responsibility. 5. Descriptions and Cataloguing. Please assist us with accurate information as to the provenance etc. of goods where this is relevant. There is strict liability for the accuracy of descriptions under modern consumer legislation and in some circumstances responsibility lies with sellers if inaccuracies occur. Red Rose Auctions will assume that the vendor has approved the catalogue description of each lot unless informed to the contrary. Where we are obliged to return the price to the buyer when the lot is a deliberate forgery under clause 8 (Terms & Conditions of Buying) and we have accounted to you (the vendor) for the proceeds of sale you agree to reimburse us the sale proceeds. 6. Any electrical item put up for sale will be required to conform to British Standards and any item not fitted with a sleeved plug top will have one fitted before the item is tested for SAFETY, a fee of £2.00 for the test and £1.00 for the plug will be charged to the vendor. Any item failing this test will not be put up for sale and will be disposed of at the auctioneer’s discretion. All lots manufactured after 1987 and 1988 respectively must comply with the safety regulations made under the Consumer Protection Act 1987 and Furniture & Furnishings Fire/Safety Regulations 1988. 7. The vendor warrants that all electrical goods are in working order or fit for their intended use, if items are found not to conform to this warranty the auctioneer reserves the right to refund the buyer of all the costs and charge the vendor for any loss of Commissions and costs involved up to a value of £10.00 without notifying the vendor. 8. The costs of illustrations are included in the auctioneers’ commission charges, however Red Rose Auctions Ltd reserves the right to use photographs for publicity before and after the sale without consulting the vendor. 9. Red Rose Auctions Ltd reserves the right to withdraw from auction any items at any time at their discretion. 10. Red Rose Auctions Ltd reserves the right to sell any lots by private treaty at a price equal to or above any agreed reserve and place any Lot into which Auction it deems appropriate (subject to the usual commission). 11. VAT Registration Disclosure. The vendor who sends items for sale which are an asset of his business must disclose to Red Rose Auctions Ltd whether he or she is registered for VAT and if so, declare their registration number. If a collection charge is agreed this will be deducted from the hammer price. 12. Authority to deduct commission and expenses and retain premium and interest you authorise Red Rose Auctions to deduct commission at the stated rate and all expenses incurred from your account from the hammer price and consent to our right to retain beneficially the premium paid by the buyer in accordance with our Conditions of Sale and any interest earned on the sale proceeds until the date of settlement. You authorise us at our discretion to negotiate a sale by private treaty not later than the close of business 48 hours after the day of sale in the case of lots unsold at auction, in which case the same charges will be payable as if such lots had been sold at auction and so far as appropriate these Terms apply. 13. Settlement: Red Rose Auction Ltd will aim to pay the vendor Bank Transfer five days following the Auction, once funds have cleared from the buyer. We can only pay the vendor when funds have been paid By signing the consigning goods the vendor acknowledges that he/she has agreed to be bound by these terms and conditions Protecting Auctioneers To ensure the protection of all parties we work with from any form of illegal, unfair, or inappropriate behaviour, we take practical measures. This involves keeping track of account activities, including user contact information, device usage, website activity, bidding history, purchase records, and payment history. This information is shared with other relevant partners, such as auctioneers, to assist parties in managing their commercial risks in the context of our joint services. In the event that behaviour is deemed inappropriate or presents a threat, we reserve the right to temporarily halt automatic approvals. In such cases, you will need to directly communicate with the auctioneer in order to participate in their auction. White Label Platforms When we offer technological services to an auctioneer, you become a direct customer of the auctioneer and they assume the role of data controller. The auctioneer is accountable for the handling of your data. Any enquiries or concerns regarding your data should be directed to the auctioneer.
