Terms & Conditions (Consumers)
These terms and conditions apply to our consumer sellers and buyers only. If you would like to review our terms and conditions for business sellers please contact us directly.
By using the AuctionPeople.co.uk selling service you agree to be legally bound by these terms & conditions. Please read them carefully and contact us with any queries.
1. Introduction
These terms & conditions (the Terms) shall govern and be incorporated in every Contract between AuctionPeople.co.uk Limited, registered in England no. 6425745 (the Company) and the seller (the Seller) of an item or group of items (a lot) on eBay, Amazon or any other sales avenue (each a Site).
In these Terms, Contract means each individual arrangement for the Company to place a lot or lots on the Site on behalf of the Seller, and any purchaser of a lot is the Buyer.
The Company may require identification evidence from every Seller (such as driving license, utility bill or other photo IDs), before it can act on the Seller's behalf.
2. The Lots
The Company agrees to act as agent for the Seller. The Company does not buy the lot from the Seller. The Seller remains solely responsible for any statement which the Seller makes about or description of a lot including but not limited to references as to its ownership, origin, date, age, or authenticity, and faults or defects in any lot, and other things the Seller does or says in relation to the lot including but not limited to any breach of these Terms. The Seller must satisfy itself that the information which the Company records regarding each lot is true and accurate. The Company has absolute discretion to refuse to list any lot for any reason.
3. The Seller's Obligations
The Seller confirms that all information supplied regarding the Seller's identity and each lot is true and accurate. In the event the Seller provides false or misleading information of the condition, working order and/or legitimacy of the lot the Seller shall be liable for all costs in relation to any dispute raised by the Buyer as well as a £10 fee to cover listing fees and processing costs incurred by the Company. It is therefore imperative the Seller provides true and accurate information about themselves and the lot prior to listing.
The Seller further confirms it is the owner of the lot, or is properly authorised to sell the lot by the true owner, and that it is able to transfer full ownership of the lot to the Buyer free from any other claim, and it is not registered for VAT. If this is not the case, the Seller should notify the Company in writing giving the VAT registration number. In addition to these terms & conditions it will comply with the Rules for each Site.
It is the responsibility of the Seller to notify the Company of any enquiry or sale that has arisen from the Listing and to advise the Buyer to make the transaction through the Site. Commission is due to the Company under all circumstances where the initial enquiry has been made as a result of the Listing, even if the transaction is made away from the Site.
Where the Buyer wins a lot that requires delivery by the Seller, unless otherwise agreed in writing, the Seller will make delivery of the lot within seven days from the point at which they are notified by the Company that payment has been received from the Buyer. It is the responsibility of the Seller to liaise with the Buyer over delivery arrangements and to ensure the entire lot is delivered in tact, and per the original listing description, within seven days otherwise the Seller may be liable for any costs incurred as a result.
Where the Buyer wins a lot that requires collection directly from the Seller, unless otherwise agreed in writing, the Seller will make the lot available for collection within seven days from the point at which they are contacted by the Buyer. It is the responsibility of the Seller to ensure the entire lot is available and easily accessible at the collection time agreed with the Buyer otherwise the Seller will be liable for any costs incurred.
4. Item Collection from the Seller Prior to Listing
Where the Company makes a collection of items a small fee, depending on item value and location, will be charged and must be paid in full in cash on collection. The Seller will be made aware of the collection charge prior to confirming the collection appointment. At the sole discretion of the Company, an additional charge will be made if items are not ready for collection on the same floor level as the collecting vehicle. It is the obligation of the Seller to ensure there is adequate parking for the collecting vehicle, or to otherwise advise the Company in writing prior to the collection. Without such advice, any parking fees incurred while in the process of making a collection will be charged to the Seller at face value.
5. Commencement and Cancellation
The Seller acknowledges that the Company will commence supplying its services to the Seller when a Contract is agreed. The Seller should be aware that it does not have the right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000 or any equivalent legislation.
Where a Seller gives instruction for a sale to be cancelled for any reason and where this instruction is accepted by the Company, the Company will charge a fee of £10 per lot as a contribution towards its reasonable handling costs. On receipt of funds the Company will make the items available for collection. Should the lot not be collected within seven days of the Company agreeing to cancel the sale a storage fee of £10 per item per day will apply without exception (£50 for vehicles).
The Company's rights under each Contract remain in force at all times. If the Company does not enforce any or all of these rights for any period it does not mean that it has given them up.
6. The Listing
From the point of item collection or drop-off the Company may require a period of up to 10 working days to fully prepare and list items for sale, particularly for unusual or expensive items.
Unless otherwise agreed in writing, the Company will list each lot at a £9.99 Start Price. The Seller shall be entitled to put a Reserve Price/Buy It Now/Best Offer higher than £9.99 on any lot but must do so before the Company places the lot for sale on the Site.
Unless otherwise agreed in writing, for items too large or impractical to be delivered to or collected by the Company the Seller shall pay in advance of listing the Company a fee of £10, to cover all administrative fees.
Subject to any start price, the Company has absolute discretion to refuse any bid, to divide any lot, to combine any two or more lots or to withdraw any lot from sale as permitted by the Rules, and the highest bidder reasonably acceptable to the Company shall be the Buyer, and subject to the provisions of the Rules if, during the sale of a lot, the Company considers that a dispute has arisen, or in any other circumstances in which it would be reasonable, the Company may immediately put up the lot again for sale or, alternatively, it shall be the sole arbitrator in any dispute between bidders and its decision shall be final and binding on all concerned.
7. In the event a lot fails to sell
Where a lot which is being stored by the Company fails to sell on the first or any subsequent listing the Company will notify the Seller accordingly via the contact email address provided by the Seller. Unless otherwise agreed in writing the Seller will make arrangements to collect the lot within 7 days of being so notified. If no response is received from the Seller or the lot is not collected within 7 days the Seller authorises the Company to dispose of the item as it chooses including but not limited to donating it to or selling it on behalf of a recognised charity. The Company accepts no responsibility for any loss as a result of this action and it is therefore the Sellers responsibility to ensure that any email address provided is active and checked regularly, and they are in a position to collect their lot within the 7 day period following notification.
Should the Seller wish to collect the lot after the 7 day period a storage fee of £10 per item per day will apply (£30 for vehicles) without exception.
8. The Buyer
The Company does not act on behalf of the Buyer. The Company cannot guarantee the existence of, or bids made by, a Buyer or other bidders and are not responsible for anything they do or say in relation to a lot, including but not limited to any breach of the rules of the Site (the Rules). The Company will however use reasonable skill and care in offering each lot for sale on the Site.
The Company's liability to the Buyer or any third parties under any circumstances is limited to the sale price and any postage and packing charge of the relevant lot where such postage and packing is required. The Company will not be responsible for damaged or lost shipments so the Buyer must consider insurance, especially for more valuable or fragile items.
Where the Buyer wishes to collect a lot from the Company premises the Company shall charge the Buyer a nominal fee of £1.75 for packing time and materials where such time and materials are required, and such service agreed beforehand.
Where the Buyer wins a lot that requires collection directly from the Seller, the Buyer will be provided with the contact details of the Seller on receipt of cleared funds only. From the point at which the contact details are provided the Buyer assumes full responsibility for the collection of the lot and any costs incurred thereafter. The Buyer should allow between 24 hours and seven days for collection from the end of the listing to ensure collection arrangements suit both parties.
9. Fees
Unless otherwise agreed in writing the Company listing fee is £5 per lot, plus 35% of the final sale price, which includes all eBay and PayPal fees. Vehicle listing fee is £50, plus 5% of the final sale price. The Seller authorises the Company to deduct these fees from the price paid by the Buyer (excluding the listing fee which is paid in advance of listing).
The is no minimum Company fee on a sold lot.
Unless otherwise agreed in writing, the Company shall remit the remainder of the Final Sale Price to the Seller within six weeks of the Sale Date. This is to allow time for and is subject to Buyer payment, lot despatch, and Buyer cool-off (according to European Law and eBay rules this period is no more than 14 days from Lot receipt). A dispute with the Site or a bank will delay this period.
The Company will compensate the Seller for any loss or damage that the Seller may suffer if it fails to carry out its obligations under each Contract to a reasonable standard or breach any duties imposed on it by law (including if it causes death or personal injury by its negligence) unless that failure is attributed to the Seller's own fault, a third party unconnected with the Company's provision of services under this Agreement, or events which neither the Company nor its suppliers could have foreseen or forestalled even if they have taken reasonable care. For the purpose of compensation value, prior to the end of the auction the value of each item is 10% of its Start Price. After the conclusion of an auction, it will be the higher of 10% of its Start Price and the lowest bona fide bid.
10. AuctionPeople for Charity Programme
As part of the AuctionPeople for Charity Programme, and without obligation to the Seller, the Company will donate 1% of their annual profit to a UK Registered Charity, such as Cancer Research UK, NSPCC and/or the British Heart Foundation.
11. Personal Data
The Company shall use the personal information supplied regarding the Seller to provide the services as requested by the Supplier under each Contract. The Company will not publish the Seller's personal information on the Site or pass it to any third party unless required to do so by the Rules of the Site, e.g. in the event of dispute, or by law. The Company may from time to time contact the Seller with information about the Company's services but the Seller may opt-out of receiving such information at any time.
12. General
All Contracts to which these Terms apply shall be governed by the laws of the relevant territory within the UK in which the Seller lives and the courts of that territory shall have the exclusive right to deal with any dispute.
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