Terms and Conditions for Britannica Auctions Ltd trading as Britannica Auctions
Conditions of Sale
Britannica Auctions operates with these general conditions and includes any business with Bidders, Buyers and users of this website and with all those in connection with an Auction (all as hereinafter defined).
1. Terms used
The following defined terms are used in these Conditions:
"Auction" means any Auction conducted by Britannica Auctions over the internet;
"Auctioneer" means Britannica Auctions;
"Bidder" means a bidder at an Auction, being those bidding over the internet or otherwise;
"Buyer" means the bidder whose bid was the last bid when the timed Auction for a lot closes;
"Conditions" means these terms and conditions;
"Hammer Price" means the level of bidding reached (at or above any reserve) when the lot concludes in a virtual auction, being the same as a physical hammer.
"Lot" means any Property offered by Britannica Auctions at Auction;
"Stated Rate" means Britannica Auctions' published rates of commission for the time being.
"Total Amount Due" means the Hammer Price in respect of the Lot sold together with any premium, commission, value added tax chargeable, shipping costs and any additional charges payable by a defaulting Buyer under these Conditions;
"Website" means the Easy Live Auction website, being www.easyliveauction.com
"You" means any person with whom Britannica Auctions does business with.
2. The Auction
2.1 Any Auction shall be conducted at the absolute discretion of the Auctioneer.
2.2 The Auctioneer shall conduct the Auction with reasonable skill and care. For example, what constitutes a bid shall be at the absolute discretion of the Auctioneer, acting with reasonable skill and care.
2.3 Any bid made or attempted over the internet shall be deemed to have been made only if received by the Auctioneer.
2.4 Britannica Auctions shall have the right, at its absolute discretion, to refuse participation in any Auction by any person.
3. Bidders
3.1 Bidders will be required to register their particulars.
3.2 You accept full liability for all bids submitted via your Britannica Auctions/Easy Live Auction's account. Should a bid be placed in error you must contact Britannica Auctions immediately with fair notice. Failure to contact Britannica Auctions before the auction takes place will result in liability for the full payment of the item.
3.3 Subject to clause 3.2, the highest Bidder at the Hammer Price shall be the Buyer. Any dispute about a bid shall be settled at the Auctioneer's absolute discretion.
3.4 Bidders are deemed to act as principals unless there is a written prior acknowledgement by Britannica Auctions that a Bidder is acting as an agent for a named principal.
3.5 Bidders shall be responsible for any decision to bid for a particular Lot and shall be deemed to have carefully inspected or obtained a condition report and satisfied themselves as to its condition. Neither Britannica Auctions nor its employees or agents shall be responsible for any neglect or default in doing or failing to do so.
4. The Buyer
4.1 Immediately a Lot is sold, the Buyer shall:
(a) give to Britannica Auctions their name and address and, if requested, proof of identity, and
(b) pay to Britannica Auctions the Total Amount Due within 3 working days of the Auction closing.
4.2 Any payments by a Buyer to Britannica Auctions may be applied by Britannica Auctions towards any sums owing from that Buyer to Britannica Auctions on any account without regard to any directions of the Buyer or his agent, whether express or implied.
5. The Purchase Price
5.1 The Buyer will pay the Hammer Price and a commission of 15%.
6. Title and Shipping of Purchases
6.1 The ownership of any Lot purchased shall not pass to the relevant Buyer until they have made payment in full to Britannica Auctions of the Total Amount Due.
6.2 Delivery costs shall be paid in advance by the Buyer.
7. Default by the Buyer
7.1 If any Lot is not paid for in full within 3 working days from the date of the Auction or if there is any other breach of these Conditions, Britannica Auctions shall at its absolute discretion and without prejudice to any other rights it may have, be entitled to exercise all or any of the following rights and remedies:
(a) to proceed against the Buyer for an action for debt or damages for breach of contract;
(b) to rescind the sale of that Lot and/or any other Lots sold by Britannica Auctions to the defaulting Buyer;
(c) to re-sell the Lot by Auction or private treaty. If a lower Hammer Price is achieved on the re-sale than that achieved on the original sale the defaulting Buyer shall be liable for the difference (after crediting any part payment and adding any re-sale costs).
(d) to remove, store and insure the Lot at the expense of the defaulting Buyer and, in the case of storage, either at Britannica Auctions' premises or elsewhere;
(e) to charge interest at a rate not exceeding 1.5% per month on the total amount due to the extent it remains unpaid for more than 3 working days after the sale;
(f) to retain that or any other Lot sold to the defaulting Buyer until that Buyer pays the total amount due;
(g) to reject or ignore bids from the defaulting Buyer at future Auctions or to impose conditions before any such bids shall be accepted;
(h) to apply any proceeds of sale of other Lots due or in future becoming due to the defaulting Buyer towards the settlement of the total amount due and to exercise a lien on any of the Buyer's property in Britannica Auctions' possession for any purpose.
8. Deliberate Forgeries
8.1 Subject to clause 8.2, any representation or statement by Britannica Auctions (including in any catalogue) as to authorship, genuineness, origin, date, age, provenance or condition is a statement of opinion only. Buyers must satisfy themselves as to all such matters. Neither Britannica Auctions or its employees or agents accept liability for the correctness of such opinions and all conditions and warranties, express, implied or statutory, are hereby excluded.
8.2 Any Lot which proves to be a Deliberate Forgery may be returned to Britannica Auctions by the Buyer 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 Britannica Auctions is satisfied from the evidence presented that the Lot is a Deliberate Forgery, Britannica Auctions shall refund the money paid by the Buyer for the Lot (but not the amount of any consequential loss, damages, expenses or interest) provided that if the catalogue description reflected the accepted view of scholars and experts as at the date of sale.
9. Limitations of Liability
9.1 While Britannica Auctions endeavours to ensure that the information provided on the Easy Live Auction Website is correct, Britannica Auctions does not warrant the accuracy and completeness of the material on the Website. Britannica Auctions may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and Britannica Auctions makes no commitment to update such material.
9.2 The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Britannica Auctions provides you with the Website on the basis that Britannica Auctions excludes all representations, warranties, condition and other terms which, but for this legal notice, might have effect in relation to the Website.
10. General
10.1 These Conditions and any disputes or claims arising out of or in connection with it or their subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the law of England.
10.2 The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Agreement or its subject matter or formation (including non-contractual disputes or claims).
