TERMS AND CONDITIONS FOR BUYERS These conditions set out the terms on which we Tailgate Traders Limited (company no. 12676275) contract with you (Buyer) either as agent on behalf of the Seller or as principal if we are the Seller. You should read these conditions carefully.
1 DEFINITIONS The following definitions apply in these conditions:
“Timed Auction” is an online only auction which opens and closes on separate specified dates.; VAT as defined by HM Revenue & Customs;
”Forgery” means a Lot constituting an imitation originally conceived and executed as a whole with a fraudulent intention to deceive as to authorship, origin, age, period, culture or source where the correct description as to such matters is not reflected by the description in the listing and which at the date of the auction had a value materially less than it would have had if it had been in accordance with the description in the listing;
”Final Auction Price” means the amount of the highest bid made on the Lot prior to the expiry of the auctions allotted time.
“Lot” means any item deposited or listed with us for sale at auction and, in particular, the item or items described against any Lot number in timed auction; Reserve the amount below which we agree with the Seller that the Lot cannot be sold; Seller means the owner of the Lot being sold by us; Tailgate Traders Limited, our subsidiaries and associated companies. VAT value added tax chargeable under VAT and any similar replacement or additional tax; and VAT Symbols means the symbols detailing the VAT status of the Lot details of which are set out at the back of these terms.
2 Tailgate Traders
ROLE AS AGENT
2.1 All sales undertaken by us either at auction or privately are undertaken either as agent on behalf of the Seller or from time to time, as principal if we are the owner of the Lot. Please note that even if we are acting as agent on behalf of the Seller rather than as principal, we may have a financial interest in the Lot.
2.2 The contract for the sale of the Lot will be between you and the Seller.
2.3 The Seller’s sale of the Lot to you is subject to any terms and conditions, disclaimers or exclusions included with any promotional material or website descriptions for the Lot, or otherwise notified to you by the Seller or us on their behalf.
3 BEFORE THE SALE
3.1 Examination of goods You are strongly advised to examine the images provided online and if in any doubt ask for condition report that is available on request. We provide no guarantee to you.
3.2.1 Statements by us online or in condition report, or made orally or in writing elsewhere, regarding the authorship, origin, date, age, size, medium, attribution, genuineness, provenance, condition or estimated selling price of any Lot are merely statements of opinion, and are not to be relied on as statements of definitive fact. Descriptions and web illustrations are for guidance only, and should not be relied on either to determine the tone or colour of any item. No lot shall be rejected on the grounds of inaccurate reproduction. No lot shall be rejected on the grounds of cancellation, centring, margins, perforation or other characteristics apparent from the illustration. Estimates of the selling price should not be relied on as a statement that this price is either the price at which the Lot will sell or its value for any other purpose.
3.2.2 Many items are of an age or nature which precludes their being in perfect condition and some descriptions or given by way of condition report make reference to damage and/or restoration. We provide this information for guidance only and the absence of such a reference does not imply that an item is free from defects or restoration nor does a reference to particular defects imply the absence of any others.
3.2.3 In the absence of fraud, neither the Seller nor we, nor any of our employees or agents, are responsible for the correctness of any statement as to the authorship, origin, date, age, attribution, genuineness or provenance of any Lot nor for any other errors of description or for any faults or defects in any Lot. Every person interested should exercise and rely on his own judgment as to such matters.
3.3 Your Responsibility
You are responsible for satisfying yourself to the condition of the goods and the matters referred to in the description.
4 THE SALE
4.1 Refusal of participation
We have the right, exercisable at our complete discretion, to refuse participation in the timed auction.
4.2 Registration before bidding All bidders must be registered by creating an account online and agree to these terms and conditions.
4.3 Bidding as Principal When making a bid, you will be deemed to be acting as principal and will be accepting personal liability.
4.4 Placing bids
Lots offered by timed auction are available for sale online only. At any time before the closing time you can place a bid equal to a minimum bid or a higher bid. You could also place your maximum bid and we will bid on your behalf increasing the price in increments to keep you in the lead up to your maximum bid. Placed bids cannot be cancelled or decreased.
4.5 Successful Bid
4.5.1The highest bid at the closing time will be the successful bid and the price will be the Final Auction price and this will be a conclusion of a contract for sale between you and the Seller. All lots sold in the timed auction are subject to charges per section 5 and all clauses of these terms and conditions.
4.5.2 Buyers Offer/Buy It Now. Buyers can make offers or agree to pre set Buy It now value on selected auctions direct to the Seller. If accepted, the and the price will be the Final lot price and this will be a conclusion of a contract for sale between you and the Seller. The listing will end and be concluded on that basis. If rejected, auction will continue as set out 4.5.1. Lots sold either way are subject to charges per section 5 and all clauses of these terms and conditions.
4.6 Return of Lot
4.6.1 Once your bid has been accepted for a Lot then you are liable to pay for that Lot in accordance with these Terms and Conditions. If there are any problems with a Lot then you must notify us within 7 days of receipt of the Lot, specifying the nature of the problem. We may then request that the Lot is returned to us for inspection. The cancellation of the sale of any Lot and the refund of the corresponding purchase price is entirely at our sole discretion. We will not normally exercise that discretion if the Lot is not received by us in the same condition that it was in at the auction date.
4.6.2 No lot may be returned on account of condition if the condition was stated in the lot description or displayed in photo.
4.7 Bidding Increments
Bidding generally opens below the low estimate and advances as set out int auction description.
5.0 Value Added Tax
Other than in respect of Zero-rated Lots (o) VAT is chargeable at the standard rate (currently 20).
5.1 VAT Refunds – Buyers from outside the UK
5.1.1 As we remain liable to account for VAT on all Lots unless they have been exported outside the UK within 3 months of the date of sale, you will generally be asked to deposit all amounts of VAT invoiced. In all other cases credits will be made when proof of export is provided.
5.1.2 If you export the Lot you must return the valid proof of export certificate to us within 3 months of the date of sale. If you fail to return the proof of export certificate to us within such period and you have not already accounted to us for the VAT, you will be liable to us for the full amount of the VAT due on such Lot and we shall be entitled to invoice you for this sum.
5.1.3 To apply for a refund of any VAT paid, the proof of export certificate must be sent to our Shipping Department clearly marked ‘VAT Refund’ within 3 months of the date of sale. No payment will be made where the total amount of VAT refundable is less than £50 and Tailgate Traders will charge £50 for each refund processed.
5.2.1 You must provide us with your full name and permanent address and, if so requested, details of the bank from which any payments to us will be made. You must pay the full amount due (comprising the Final Auction Price, Finalised offer or Buy It Now price, any applicable VAT and postage) within seven days after the date of the sale. This applies even if you wish to export the Lot and an export licence is (or may be) required. Following the auction Seller will be provided the personal contact details provided by the Buyer. Seller accepts that their personal contact details will be shared with the Buyer.
5.2.2 You will not acquire title to the Lot until all amounts due have been paid in full.
5.2.3 Payment should be made in sterling by one of the following methods: II(i) PayPal via invoice. All Corporate cards regardless of origin and Consumer debit and credit cards issued outside the EU are subject to a fee of 3%. For all card payments there are limits to the amounts we will accept depending on the type of card being used and whether or not the cardholder is present.
5.2.4 Payments should be made by the registered buyer and not by third parties, unless it has been agreed at the time of registration that you are acting as an agent on behalf of a third party.
5.3 Invoices may consist of one or more pages and will show: details of lot purchased.
5.4 Collection of Purchases
5.4.1 We or Seller shall retain lots purchased until all amounts due to us, or to the Tailgate Traders Ltd group of affiliates, have been paid in full. Buyers will be required to pay for their lots when they wish to take possession of the same, which must be within seven days of the date of the sale. Lots will not be released until cleared funds are received. With regard to payments made by cheque.
We are not able to notify successful bidders by telephone or email. While Invoices are sent out by email after the auction we do not accept responsibility for notifying you of the result of your bid. You are requested to contact us by email, check your account or in person as soon as possible after the auction to obtain details of the outcome of your bids to avoid incurring charges for late payment.
5.6 Packing and handling
5.6.1 We and Seller shall use all reasonable endeavours to take care when handling and packing a purchased Lot but remind you that after seven days or from the time of collection, whichever is sooner, the Lot is entirely at your risk. Postage charges will be in addition to the final auction price and are set out on each auction and are in addition to the final bid.
5.6.2 It is the responsibility of the Buyer to be aware of any Import Duties that may be incurred upon importation to the final destination. Tailgate Traders will not accept return of any package in order to avoid these duties. The onus is also on the Buyer to be aware of any Customs import restrictions that prohibit the importation of certain collectibles. Tailgate Traders will not accept return of the Lot(s) under these circumstances. Tailgate Traders will not accept responsibility for Lot(s) seized or destroyed by Customs.
5.6.3 If the Buyer requires delivery of the Lot to an address other than the invoice address this will be carried out at the discretion of Tailgate Traders.
5.6.4 Auction lots are sold by the seller and responsibility to send is direct between buyer and seller.
AUCTION SELLER DIRECT
Depending on the size and weight of your Auction Lot (Goods) will be sent direct by Royal Mail 1st Class Signed for Post or Courier Partner Service. Normal dispatch is within 5 working days once payment has been received. Standard terms agreed as shown below:
- the Buyer shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties thereon;
- unless otherwise agreed in writing between the Buyer and the Seller, the Goods shall be delivered at the air or sea port of shipment;
- the Buyer shall be responsible for arranging for testing and inspection of the Goods at the Seller’s premises before shipment. The Seller shall have no liability for any claim in respect of any defect in the Goods which would be apparent on inspection and which is made after shipment, or in respect of any damage during transit;
- the Buyer shall not be entitled to withhold payment of the price for the Goods due to the Buyer’s failure to comply with the provisions of this clause;
- the Goods will be packaged in a manner to ensure safe arrival of the goods in the same condition as advised within the Auction Lot in accordance with the standard practice, and the packaging shall meet any reasonably requirements stipulated in advance by any independent contractors or shippers.
SHORTAGES OR DAMAGE IN TRANSIT
The Buyer shall examine the Goods immediately upon delivery. The Seller shall have no liability in respect of claims in respect of shortages or damage in transit unless the Buyer informs the Tailgate Trader’s customer services department of such shortages or damage by e-mail to firstname.lastname@example.org within 5 working days after delivery. The Seller shall have no liability in respect of claims for shortages or damages in transit if the Buyer or its representative has signed for the Goods as being received in good condition.
Any liability of the Seller for shortages or damage in transit shall be limited to replacing the missing or damaged Goods within a reasonable time or issuing refund via Paypal at the Buyer’s given Paypal payment address against any invoice raised for such Goods. The Buyer shall return to the Seller, promptly upon request, and in accordance with the Seller’s returns policy, any Goods that have been incorrectly delivered. Failure to receive refund will be between Seller and Buyer. Tailgate Traders Ltd accepts no liability as the contract for sale is between those parties only.
The Seller shall not be liable for any non-delivery of Goods (even if caused by the Buyer’s negligence) unless the Buyer informs the Tailgate Traders customer service department of such non-delivery by e-mail to email@example.com within 5 working days of the date when the Goods would in the ordinary course of events have been received.
Any liability of the Seller for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a refund at the pro rata Contract rate against any invoice raised for such Goods.
If you have not received your order within 7 days of making your payment please email Tailgate Traders directly at firstname.lastname@example.org We will acknowledge receipt of your email and instigate a tracking details with the delivery service provider. In the event that the item has been lost in transit, where possible Seller will send you a replacement within 5 working days or full refund. Failure to receive refund will be between Seller and Buyer. Tailgate Traders Ltd accepts no liability as the contract for sale is between those parties only.
5.7 Remedies for non-payment or failure to collect purchases
5.7.1 If you fail to make payment within seven days of your stipulated payment date set out in your invoice, we shall be entitled to exercise one or more of the following rights or remedies:
184.108.40.206 to charge interest at the rate of 2% per month compound interest, calculated on a daily basis, from the date the full amount is due;
220.127.116.11 to set off against any amounts which the Tailgate Traders Group may owe you in any other transaction the outstanding amount remaining unpaid by you;
18.104.22.168 We may keep hold of all or some of your Lots or other property in the possession of the Tailgate Traders Group until you have paid all the amounts you owe us or the Tailgate Traders Group, even if the unpaid amounts do not relate to those Lots or other property. Following fourteen days’ notice to you of the amount outstanding and remaining unpaid, the Tailgate Traders Group shall have the right to arrange the sale of such Lots or other property. We shall apply the proceeds in discharge of the amount outstanding to us or the Tailgate Traders Group, and pay any balance to you;
5.7.4 where several amounts are owed by you to the Tailgate Traders Group in respect of different transactions, to apply any amount paid to discharge any amount owed in respect of any particular transaction, whether or not you so direct;
22.214.171.124 to reject at any future auction any bids made by you or on your behalf or obtain a deposit from you before accepting any bids.
5.7.2 If you fail to make payment within thirty-five days, we shall in addition be entitled:
126.96.36.199 to cancel the sale of the Lot or any other item sold to you at the same or any other auction;
188.8.131.52 to arrange a resale of the Lot, publicly or privately, and, if this results in a lower price being obtained, claim the balance from you together with all reasonable costs including a 10% seller’s commission, expenses, damages, legal fees, commissions and premiums of whatever kind associated with both sales or otherwise, incurred in connection with your failure to make payment;
184.108.40.206 when reselling the Lot, place a notice in the description stating that you successfully purchased the Lot at auction but have subsequently failed to pay the Final Auction Price of the Lot; or
220.127.116.11 take any other appropriate action as we deem fit.
5.8.1 We reserve the right to refuse you the right to make bids for any future auction irrespective of whether previous defaults have been settled; and
5.8.2 You acknowledge that we may (as necessary for our legitimate interests those of other auctioneers and live bidding platforms in referencing customers and avoiding customer defaults) disclose details of such default to other auctioneers and live bidding platforms, which will include your name, address, nature of the default and the date of the default. Auctioneers or live bidding platforms who receive details of the default may rely on such information when deciding whether to enter into a transaction with you in the future.
5.9 Export Licence
5.9.1 If required we can, at our discretion, advise you on the detailed provisions of the export licensing regulations. Where we advise you in relation to export licensing regulations the ultimate responsibility in respect of any export will lie with you and we will not be responsible for your failure to apply for any necessary licences.
5.9.2 If the Lot is going to be hand carried by you, you may be required to produce a valid export licence to us or sign a waiver document stating that a licence will be applied for.
5.9.3 You should always check whether an export licence is required before exporting. Export licences are usually obtained within four weeks but delays can occur.
5.9.4 The fact that you wish to apply for an export licence does not affect your obligation to make payment within seven days nor our right to charge interest on late payment.
5.9.5 If you request that we apply for an export licence on your behalf, we shall be entitled to recover from you our disbursements and out of pocket expenses in relation to such application, together with any relevant VAT.
5.9.6 We will not be obliged to rescind a sale nor to refund any interest or other expenses incurred by you where payment is made by you despite the fact that an export licence is required.
5.10 Refund in the case of Forgery
5.10.1 A sale will be cancelled, and the amount paid refunded to you if a Tailgate listing or if a third party Seller, will be requested to issue refund if a Lot (other than a miscellaneous item not described in the description of this lot) sold by us or third party Seller, proves to have been a Forgery. We shall not however be obliged to refund any amounts if either (a) the description or sale listing notice at the auction date corresponded to the generally accepted opinion of scholars or experts at that time, or fairly indicated that there was a conflict of opinions, or (b) it can be demonstrated that the Lot is a Forgery only by means of either a scientific process not generally accepted for use until after the sale or a process which at the date of the auction was unreasonably expensive or impracticable or likely to have caused damage to the Lot. Furthermore, you should note that this refund can be obtained only if the following conditions are met:
18.104.22.168 you must notify us in writing, within seven days of the receipt of the Lot(s), that in your view the Lot concerned is a Forgery;
22.214.171.124 you must then return the item to us within fourteen days from receipt of the Lot(s), in the same condition as at the auction date; and
126.96.36.199 as soon as possible following return of the Lot, you must produce evidence satisfactory to us that the Lot is a Forgery and that you are able to transfer good title to us, free from any third party claims.
188.8.131.52 you must provide to us all evidence obtained by you that a Lot is a Forgery no later than 7 days after you receive such evidence.
5.10.2 In no circumstances shall we or third party seller be required to pay you any more than the amount paid by you for the Lot concerned and you shall have no claim for interest.
5.10.3 The benefit of this guarantee is not capable of being transferred, and is solely for the benefit of the person to whom the original invoice was made out by us in respect of the Lot when sold and who, since the sale, has remained the owner of the Lot without disposing of any interest in it to any third party.
5.10.4 We shall be entitled to rely on any scientific or other process to establish that the Lot is not a Forgery, whether or not such process was used or in use at the date of the auction.
Nothing in these Terms and Conditions limits or excludes our liability for:
6.1 death or personal injury resulting from negligence; or
6.2 any damage or liability incurred by you as a result of our fraud or fraudulent misrepresentation.
7 USE OF YOUR PERSONAL INFORMATION
7.1 We will use the personal information you provide to us as set out in our privacy notice (available at https://Tailgate Traders.com/privacy-policy) and in particular to:
7.1.1 process the bids you make on Lots (whether successful or otherwise) and other auction related services we provide;
7.1.2 process your payment relating to a successful purchase of a Lot;
7.1.3 arrange for delivery of any Lot you purchase, which will include passing your personal details to shipping providers, third party Seller and, on overseas deliveries, to customs where they make enquiries regarding the Lot;
7.1.4 inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.
7.2 We may pass your information to credit reference agencies in order to obtain credit checks from them, and they may keep a record of any search that they do.
7.3 Where you default on making payment for a Lot in accordance with these terms and conditions we may disclose details of such default to other auctioneers and live bidding platforms.
7.4 We are also working closely with third parties (including, for example, other auctioneers and live bidding platforms) and may receive information about you from them.
7.5 Where you provide us with personal information about other individuals, you must ensure that your provision of that information is compliant with applicable data protection law.
8.1 We shall have the right (on a non-exclusive basis) to photograph, video or otherwise produce an image of the Lot. All rights in such an image will belong to us, and we shall have the right to use it in whatever way we see fit.
8.2 The copyright in all images, illustrations and written material relating to a Lot is and shall always remain our property and we shall have the right to use it in whatever way we see fit. You shall not use or allow anyone else to use such images, illustrations or written material without our prior written consent.
You shall give us all relevant information about your VAT status and that of the Lot to ensure that the correct information is displayed in the Lot description. Once published, the information cannot be changed. If we incur any unforeseen cost or expense as a result of the information being incorrect, you will reimburse to us on demand the full amount incurred.
All notices given under these Terms and Conditions may be served personally, sent by 1st class post, or faxed to the address given to the sender by the other party. Any notice sent by post will be deemed to have been received on the second working day after posting or, if the addressee is overseas, on the fifth working day after posting. Any notice sent by fax or served personally will be deemed to be delivered on the first working day following despatch.
11 ADDITIONAL PROVISIONS
The following provisions of this clause 11 shall apply only if you are acting for the purposes of your business.
11.1 Limitation of Liability Subject to clause 6, we shall not be liable, whether in tort (including for negligence) or breach of statutory duty, contract, misrepresentation or otherwise for any:
11.1.1 loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of use, loss of corruption of data or information; or
11.1.2 any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
11.2 Severability If any part of these Terms and Condition is found by any court to be invalid, illegal or unenforceable, that part may be discounted and the rest of the conditions shall continue to be valid and enforceable to the fullest extent permitted by law.
11.3 Force majeure
We shall have no liability to you if we are prevented from, or delayed in performing, our obligations under these Terms and Conditions or from carrying on our business by acts, events, omissions or accidents beyond our reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving our workforce or the workforce of any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
11.4.1 A waiver of any right under these Terms and Conditions is only effective if it is in writing and it applies only to the circumstances for which it is given. No failure or delay by a party in exercising any right or remedy under these Terms and Conditions or by law shall constitute a waiver of that (or any other) right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that (or any other) right or remedy.
11.4.2 Unless specifically provided otherwise, rights arising under these Terms and Conditions are cumulative and do not exclude rights provided by law.
11.5 Law and Jurisdiction
11.5.1 These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter, shall be governed by, and construed in accordance with, the law of England and Wales.
11.5.2 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, Terms and Conditions or their subject matter.