Terms & Conditions for Sellers
SELLERS TERMS AND CONDITIONS DEFINITIONS
UK Restoration Auctions is the trading name of Sydham Restoration Auctions Limited a company registered in England and Wales (12612761)
In UK Restoration Auctions Terms and Conditions outlined below the following words and expressions shall have the following meanings unless otherwise stated.
These Terms and Conditions were last updated on the 28th July 2021.
We recommend sellers also read the Buyers Terms and Conditions.
- Consigning Lots Form – UK Restoration Auctions Consigning Lots form is the form that Sellers can complete upon their successful completion and submission of our Register to Sell form. Information about the Lot(s), reserves and durations can be outlined here if applicable.
- Contract– The contract formed pursuant to these conditions between all parties, the Seller, the Buyer and UK Restoration Auctions. If UK Restoration (Sydham Restoration Limited) is Seller, this will be expressed in principal in the Lot(s) listing, and then the contract formed pursuant to these conditions is between the Buyer and UK Restoration Auctions, who are bound by the Terms and Conditions outlined.
- Duration – These are the four different durations offered to Sellers that Lots can be listed for. These options for the Lots duration are either 1 Week (7 days), 2 Weeks (14 days), 3 Weeks (21 days) or a full calendar month on our website. The Duration is specified by the Seller on our Consigning Lots form. When consigning Lots with us Sellers may specify different durations for Lot(s) submitted at the same time.
- Hammer Price – This is the price in British £ sterling at which a Lot finishes once the timed auction has been completed.
- Lot(s) – This is any item(s) consigned with a view to its or their sale at timed auction through UK Restoration Auctions.
- Premises – Where UK Restoration Auctions stores all Lots before, during and after the timed auction has been completed. This is also where Lots can be viewed prior to the sale by a pre organised appointment.
- Register to Sell Form – This is the form to be completed by the Seller. Upon the completion of this online form your details will be added onto our database and you will be able to consign Lots for our timed auctions.
- Reserve – This is the minimum Hammer Price (if any) agreed between UK Restoration Auctions and the Seller at which the Lot may be sold. Lots with reserves will be clearly stated. Reserves must be outlined by the seller at the time of the Lot(s) consignment.
- The Sale – This is the timed auction sale which the Lot is consigned for sale.
- Sale Proceeds – This is the net amount payable by UK Restoration Auctions to the Seller calculated as the Hammer Price less the sum of the commission, any expenses, the entry fee (if not already paid) and the VAT chargeable if applicable.
- The Seller – This is the person who offers the Lot(s) for sale through UK Restoration Auctions. If UK Restoration is the Seller then this will be expressed in principal in the Lots listing.
- Seller’s Commission – This is the commission payable by the Seller. UK Restoration Auctions charges Sellers a 5% commission for selling Lots.
- Seller’s Consigning Fee – This is a flat fee payable by the Seller of £1.00p on every Lot they sell through UK Restoration Auctions. 50% of this fee is donated to our chosen charity partner, Guide Dogs For The Blind, www.guidedogs.org.uk
- Total Amount Due To The Seller – This is the Hammer Price in respect of the Lot sold minus the seller’s commission (5%) and any additional charges and expenses due from the seller under these conditions plus VAT chargeable if applicable on any of them expressed in £ sterling.
- Value Added Tax (VAT) – This is UK Value Added Tax at the prevailing rate at the date of the timed auction. The UK VAT rate currently is 20%. Please note items sold by UK Restoration through UK Restoration Auctions are subject to VAT. Sydham Restoration Limited that trades as UK Restoration (www.ukrestoration.com) is registered in England & Wales VAT Number 302 5982 14.
TERMS AND CONDITIONS FOR THE SELLER
- UK Restoration Auctions Register to Sell Form is the form to be completed by the Seller in order to be able to consign Lots. Once processed this will allow the Seller to access the Consignment of Lots section on the UK Restoration Auctions website.
- The Consignment of Lots section will appear within the menu bar in between “Register To Sell” and the link for “ukrestoration.com” once the Sellers application has been processed.
- The Seller’s Commission is the commission payable by the Seller. UK Restoration Auctions charges the Seller 5% of the Hammer Price for selling Lots.
- All prospective Sellers have to register in order to sell through UK Restoration Auctions.
- All Sellers have to provide photographic identification in the form of either a copy of their current driving licence or valid passport when completing our Register to Sell Form.
- All receipts will be made out to the Sellers address that appears on their supplied driving licence. If a passport has been supplied then we will require a utility bill or other appropriate document with the Seller’s address on it.
- The Seller’s Consigning Fee is a flat fee payable by the Seller of £1.00p on every lot they sell through UK Restoration Auctions. 50% of the Sellers’s Consigning Fee is donated to our chosen charity partner, Guide Dogs For The Blind, www,guidedogs.org.uk.
- UK Restoration Auctions Consigning Lots form must be completed fully and accurately, with an honest and accurate description of each Lot, The £1.00p Entry Fee per item will be invoiced at the time the Lot is consigned. There are other ways outlined within the Consignment of Lots section on how Sellers can consign Lots to UK Restoration Auctions. The UK Restoration Auctions Consigning Lots form is also where any Reserve and the Lot(s) Duration must be specified.
- For UK Restoration Auctions timed auctions the following bidding increments will apply: Under £100 : £2, £100 – £250 : £10, £250 – £500 : £25, £500 – £1000 : £50, £1,000+ : £100.
- For UK Restoration Auctions timed auctions each Lot will be live for either one week (7 days), two weeks (14 weeks), three weeks (21 days) or 1 calendar month from the Lots initial listing. The Duration is specified by the Seller when consigning the Lot.
- Upon the sale of a Lot, the Buyer will pay to UK Restoration Auctions the total amount due, no later than 72 hours (Three business days) after the completion of the timed auction for the Lot.
- UK Restoration Auctions will endeavour to send invoices out to Buyers within 24 hours of the completion of the Lot. Sellers will receive their Total Amount Due To The Seller within 24 hours of UK Restoration Auctions receiving the Total Amount Due from The Buyer. Buyers are asked to pay their invoices within 72 hours (Three business days) upon receiving their invoices.
- UK Restoration Auctions Consigning Lots form must be completed before collection of your items is arranged or you arrange postage of your items to UK Restoration Auctions.
- The contract between the Seller and UK Restoration Auctions will be formed when UK Restoration Auctions receives the Consigning Lots form for the Lot(s). The Lot(s) outlined in the Consigning Lots form must be exclusively for sale through UK Restoration Auctions and must not be promoted for sale or advertised for sale through any other medium once consigned.
- The Seller will receive an “Acknowledged Receipt of Goods” letter once your items have been safely received and photographed by UK Restoration Auctions.
- All Lots that are consigned to UK Restoration Auctions are done so exclusively, meaning that they are for sale through no other medium once consigned.
- All Lots entered into UK Restorations Auctions will not be ended early before their scheduled end time. Sellers are unable to withdraw their Lots once the Lot has gone live.
- The Seller may give notice to UK Restoration Auctions to withdraw the Lot from the Auction up to 72 hours before the Lot(s) goes live. If the Seller does so they shall be liable to pay UK Restoration Auctions a £25.00 withdrawal fee per item, with the initial £1.00 entry fee per item also being retained by UK Restoration Auctions.
- In the event that the Seller withdraws the Lot(s) from the Auction the Seller shall arrange for the collection/removal of the Lot(s) at their own expense within two working days after the date of withdrawal. This is provided that the Seller has paid any withdrawal fees by bank transfer prior to collection. Failure to collect the Lots within the two working days will result in storage fees being incurred at the outlined rates.
- If a sale is lost because of the failure of the Seller to disclose to UK Restoration Auctions all information which may reasonably be expected to affect the provenance, value or any other aspect of the Lot(s), total responsibility falls on the Seller.
- UK Restoration Auctions shall have absolute discretion whether or not to accept any Lot(s) for sale, extending to which photographs and information shall be used for the Lot(s).
- The Seller gives UK Restoration Auctions full and absolute right to photograph and document any Lot(s) placed in our timed auctions for sale, and to use such photographs and illustrations at any time in connection with the timed auction.
- The photographs and information relating to Lots shall remain at all times the absolute property of UK Restoration Auctions, and any person wishing to use the photographs and information relating to Lots, shall require the permission in the form of written consent by UK Restoration Auctions.
- The Seller is wholly responsible for the factual accuracy of the provided description of each Lot. Also for any error/omission of information in that description of the Lot.
- Whether the description has been prepared by UK Restoration Auctions or the Seller, once the Lot is listed unless the Seller contacts us with comments or changes, UK Restoration Auctions may treat that description as accepted by the Seller.
- The Seller commits to UK Restoration Auctions and to the Buyer either that he is the true owner of the Lot or that they are duly authorised to sell the Lot by the true owner.
- The Seller is entitled to request prior to the sale to place a Reserve on any Lot(s), and should be done when completing our Consigning Lots Form. UK Restoration Auctions do not charge Sellers a fee for setting a reserve price.
- A Reserve once placed by the Seller shall not be changed by UK Restoration Auctions without the consent of the Seller. UK Restoration Auctions will discuss and give our opinion to our Sellers as to whether having a reserve price is potentially in the Sellers best interest upon requesting one for a Lot.
- All Lot(s) consigned into UK Restoration Auctions timed auction are done so without a reserve price unless written instructions on our Consigning Lots Form have been received by UK Restoration Auctions
- UK Restoration Auctions may sell the Lot at a Hammer Price below the Reserve but in such circumstances the Sale Proceeds to which the Seller is entitled shall be the same as if the sale had been at Reserve outlined in our Consigning Lots form.
- Should the Seller buy his own Lot, the Seller must pay to UK Restoration Auctions its stated rates (both Seller and Buyer at 5% each), and the applicable Buyers and Sellers fees.
- The Seller authorises UK Restoration Auctions to deduct from the Hammer Price commission at our stated rate subject to the minimum commission for each Lot, plus Expenses and VAT on both if applicable.
- The Seller hereby agrees to indemnify UK Restoration Auctions, against any and all claims, liability or damage and all related costs and expenses arising out of the proper execution by UK Restoration Auctions of their obligations to the Seller under these conditions, and in particular against any liability or claim which may be incurred by UK Restoration Auctions as a result of any defect in the Lot.
- Where any Lot fails to sell, UK Restoration Auctions shall notify the Seller within 24 hours after the timed auction has been completed. The Seller shall make arrangements either for UK Restoration Auctions to re-offer that Lot for sale, or to have the Lot returned to them at their own expense.
- If UK Restoration Auctions receives notice of any dispute related to a sold Lot before the Sale Proceeds have been remitted to the Seller, UK Restoration Auctions may withhold payment from the Buyer to the Seller until we think appropriate or until the dispute has been resolved.
- If the Buyer fails to pay UK Restoration Auctions the total amount due within 5 business days after the Sale, UK Restoration Auctions will notify the Seller and take the Seller’s instructions as to the appropriate course of action. Please note Buyers who fail to pay UK Restoration Auctions without a legitimate reason are likely to be banned from future auctions.
- UK Restoration Auctions will be happy at the Seller’s expense to assist them to recover the Total Amount Due from the Buyer but UK Restoration Auctions shall be under no obligation to institute proceedings in our own name.
- The seller shall indemnify UK Restoration Auctions against any claims in connection with any Lot(s) sold by UK Restoration Auctions on the seller’s behalf.
- As UK Restoration Auctions are auctioneers and all Lots delivered to UK Restoration Auctions’ premises through our Consigning Lots Form will be deemed to be delivered for sale by auction unless stated in writing.
- UK Restoration Auctions shall be under no liability for any injury, damage, death or loss sustained by any person while on UK Restoration Auctions premises viewing Lots.
- UK Restoration Auctions shall have the right, at its sole discretion, without assigning any reason, to refuse any person admission to our Premises or admittance of their Lots to any of our timed auctions, or to view any Lot(s).
- UK Restoration Auctions shall keep and use any data relating to the Seller in accordance with the provisions of all relevant data protection legislation. The Seller consent to such data being kept and used for appropriate purposes.
- If any condition in these Terms and Conditions shall be held to be invalid or unenforceable, the validity or enforceability of the remaining conditions will not thereby be affected.
- These Terms and Conditions shall be governed by and construed in accordance with English Law. All transactions to which these conditions apply and all matters connected therewith shall also be governed by English Law.
- Both UK Restoration Auctions and the Seller hereby submits to non-exclusive jurisdiction of the courts of England and Wales.