TERMS AND CONDITIONS FOR SELLERS These conditions set out the terms on which we (Tailgate Traders Limited (company no. 12676275) contract with you (Seller). You should read these conditions carefully.
1 DEFINITIONS The following definitions apply in these conditions:
VAT schemes as defined by HM Revenue & Customs (HMRC);
“Buyer” means the person with the highest bid accepted by online auction at the end of the set allotted time;
”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 by Buyers through the online website in relation to your listed Lot prior to the expiry of the auctions allotted time.
“Lot” means the items listed through our website www.tailgatetraders.co.uk with us by you, or on your behalf, for sale at auction; “Reserve” the amount below which we agree with you that the Lot cannot be sold; “Tailgate Traders” Tailgate Traders Limited, our subsidiaries and associated companies; and “VAT “value added tax chargeable under VATA and any similar replacement or additional tax.
2 Tailgate Traders ROLE AS AGENT, If we undertake a sale at an online auction or otherwise on your behalf, then we will be acting as your agent and the contract for the sale of the Lot will be between you and the Buyer.
3.1 We shall charge you commission at a rate of 10% of the Final Auction Price; unless an alternative is agreed between you and us prior to the auction. Please note that a minimum commission of £2 is chargeable on each Lot.
3.2 VAT at the appropriate rate will be charged on the commission (see clause 11 below for more details).
3.3 Paypal will be the sole payment merchant for all Buyers & Sellers for all auctions listed through www.tailgatetraders.co.uk . Listing the item for sale agrees to abide therein.
4.1 You shall pay us an administration fee in respect of each Lot at the rate of 10% of either the Final Auction Price or, 10% of the reserve set and/or 10% of the highest bid at the end of the auction with a minimum fee of £2.
4.2 Unless otherwise agreed, you shall be responsible for all costs relating to: a) packing and shipping the Lot to the Buyer; b) any applicable transit costs; c) packing and shipping the Lot if it is returned to you; d) any applicable customs duties; e) illustration for online listing; f) any restoration of the Lot agreed in advance with you or at the earliest time possible; g) any examination by external experts we believe necessary for listing description; h) any external expert opinions we believe appropriate; i) a contribution to our general expenses if the Lot is not sold, equal to 10% of the Reserve /or 10% of the highest bid at the end of the auction with a minimum fee of £2; j) our administration costs if expenses are incurred under f), g), h), equal to 10% of those expenses; l) any applicable VAT on the above.
5 OWNER’S LIABILITY You will indemnify us and our employees and agents, and the Buyer (where applicable) against any claim made against us or them in respect of the Lot, however that claim may arise. You will also reimburse us and them on demand for any expenses we or they may incur as a result of such a claim, even if we or they are found to have been negligent and even where such reimbursement is required of a payment made without any legal liability being proved. You must notify your insurers of the terms of this clause.
6 YOUR UNDERTAKINGS REGARDING THE LOT
6.1 This clause sets out the basis on which we shall handle the auction listing Lot and which will govern your relationship with the Buyer. If that basis proves incorrect in any way or if any claim is made against us in relation to the lot, we and/or the Buyer may take legal action against you.
6.2 We shall handle the auction listing Lot, and the Buyer will purchase, on the basis of your undertakings that:
6.2.1 you are the sole owner of the Lot with an unrestricted right to transfer title to the Buyer free from all third party rights or claims (including copyright claims);
6.2.2 you have complied with all requirements, legal or otherwise relating to any export or import of the Lot and has notified us in writing of any failure by third parties to comply with such requirements in the past; and
6.2.3 you have notified us in writing of any material alterations to the Lot of which you are aware and of any concerns expressed by third parties in relation to the ownership, condition or attribution of the Lot.
6.3 If: (a) any of the above clauses 6.2.1, 6.2.2 or 6.2.3 is incorrect; or (b) if any third party brings a claim against us or the Buyer arising out of or in connection with any of the circumstances set out in clauses 6.2.1, 6.2.2 or 6.2.3 (whether or not you have notified us of those circumstances), you will indemnify us and the Buyer in full on demand against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses) and all interest, penalties and legal costs (calculated on a full indemnity basis and all other professional costs and expenses) suffered or incurred by us or the Buyer arising out of or in connection with such incorrect clauses or such third party claim, whether in relation to the Lot or the proceeds of sale and whether or not the circumstances giving rise to the claim are actual or alleged.
7 IMPORTING ITEMS FOR SALE
7.1 It is essential that all items imported for sale must be declared as such to HMRC at the point of entry into the UK, and appropriate documents be obtained for presentation to us prior to the sale.
8 SALE ARRANGEMENTS
8.1 The auction will be conducted in accordance with the terms and conditions published on www.tailgatetraders.co.uk . You must comply with those procedures in addition to these Terms and Conditions.
8.2 We reserve the right to change the date of an auction at any time. We shall endeavour to reschedule the auction within a reasonable period.
8.3 Seller shall have complete discretion as to the way the Lot is described and illustrated in the listing online auction. We “Tailgate Traders Limited” will remain sole party to the decision as to which bids should be accepted; whether expert advice should be sought, and the combination or division of goods for sale.
8.4 Any estimate given, orally or in writing, is a matter of opinion only and is not an assurance in relation to the price the Lot will eventually fetch.
8.5 You may not withdraw the Lot from the auction without our consent. However, we reserve the right to withdraw the Lot from the auction, or cancel the auction as a whole, at any time if (i) we have any doubt as to its attribution or authenticity or as to the accuracy of the statements made in clause 6.2.1, 6.2.2 or 6.2.3 above or (ii) there is any breach of these Terms and Conditions or (iii) we believe it would be improper to include the Lot in the online auction.
8.6 If either we or you withdraw the Lot, or cancel the auction, we shall charge you a fee equal to 10% of the Reserve or, if no Reserve has been agreed at that time, 10% of the highest bid at the end of the auction with a minimum fee of £2, together with any applicable VAT and storage, handling and administrative charges and other expenses as set out in clause 4.
9.1 VAT at the standard rate is charged on the Seller’s commission to all UK Sellers. Sellers from outside the UK are not liable for payment of such VAT.
9.2 Where lots are sold using the Auctioneers’ Scheme, HMRC regulations require that the Seller’s commission must be charged inclusive of any VAT which may be due. Other service charges made to Sellers, such as illustration for online listing costs and handling charges, will be subject to VAT in accordance with VAT legislation.
10 CONDUCT OF THE AUCTION
10.1 Where applicable, the Lot will be sold subject to the Reserve. In this case, unless we agree otherwise, the Reserve shall be an amount equal to the GBP equivalent based on the closing exchange rate on the business day immediately preceding the auction. We shall in no circumstances be liable if bids are not received at the level of the Reserve.
10.2 You may not bid for the Lot nor employ any person to do so on your behalf.
11 AFTER THE AUCTION
11.1.1 Following the auction, we will provide you with a statement and/or invoice detailing the number of Lots sold by us on your behalf, the price realised on such Lots.
11.1.2 After the auction, we shall require payment in full from the Buyer by PayPal. Payment will be sent via PayPal automatically to the Seller, after deduction of Commission due to Tailgate Traders Limited as referenced in Clause 3.
11.1.3 Tailgate Traders Limited reserves the right to set off against any amounts which you may owe the Tailgate Traders Limited in any other transaction the proceeds of sale due to you.
11.1.4 Payment will be made in the currency of the auction (normally GBP for sales held in the UK) unless you instruct otherwise in writing. If you require payment other than in the currency of the auction, you will be charged a handling fee for the currency exchange.
11.2 Non-Payment by the Buyer, we shall not be obliged to remit the price due to you ourselves, nor to take any legal proceedings on your behalf. We shall discuss with you the appropriate course of action to be taken to recover the purchase price from the Buyer.
11.3 Forgeries If within seven days of the date of the auction the Buyer satisfies us that the Lot is a Forgery (as defined in Clause 1 of these Terms and Conditions), then (i) if you have been paid the whole or part of the full amount due to you, then you must refund to us, on demand, the total amount paid in addition to the Commission due under clause 3 to Tailgate Traders Limited. In the latter case we shall exercise a lien over any of your property under our control as security for the amount due.
11.3.1 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.
11.4 Unsold Lots
11.4.1 If any Lot is bought in or otherwise unsold by auction, we are authorised as the exclusive agent for you for a period of 60 days following the auction to sell such Lot privately for a price that will result in a payment to you of not less than the net amount – i.e. after deduction of all charges due from you – to which you would have been entitled had the Lot been sold at a price equal to the Reserve, or for such lesser amount as we and you shall agree. In such event your obligations to us with respect to such a Lot are the same as if it had been sold at auction.
11.4.1 If you enter into any private sale agreements for any Lot within such period of 60 days, we, as your exclusive agents, reserve the right to charge you the agreed commission in accordance with clause 3 of this agreement.
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.
- Combined Postage will be offered by the Seller for multiple lots purchased by the same Buyer. Maximum postage will be applied and/or multiple fee representing the cost of sending the auction wins. If in doubt, please reach out to firstname.lastname@example.org and we will liaise with the seller and request refund issued upon payment.
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 email@example.com 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 firstname.lastname@example.org 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 email@example.com 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.
12 LIABILITY Nothing in these Terms and Conditions limits or excludes our liability for:
12.1 death or personal injury resulting from negligence; or
12.2 any damage or liability incurred by you as a result of our fraud or fraudulent misrepresentation.
13 USE OF YOUR PERSONAL INFORMATION
13.1.1 handle the online auction sale of the Lot on your behalf;
13.1.2 after sale of the Lot, the remittance of payments to you from the Buyer in accordance with these Terms and Conditions;
13.1.3 arrange for return of any Lot, which will include passing your details to shipping providers and, on overseas deliveries, to customs where they make enquiries regarding the Lot; and
13.1.4 inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.
13.2 You agree that we may pass your personal information to customs, storage suppliers, shipping companies and our insurers.
13.3 We will not give your personal data to any other third party.
14.1 We shall have the right (on a non-exclusive basis) to photograph, video or otherwise produce an image of the Lot or use your personal picture supported with a coined image (name and date handwritten on paper). 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.
14.2 The copyright in all images, illustrations and written material relating to a Lot is and shall remain at all times 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.
15 VAT STATUS You shall give us all relevant information about your VAT status and that of the Lot to ensure that the correct information is published in the online listing. 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.
16 NOTICES 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.
17 ADDITIONAL PROVISIONS The following provisions of this clause 17 shall apply only if you are acting for the purposes of your business.
17.1 Limitation of Liability Subject to clause 12, we shall not be liable, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation or otherwise for any:
17.1.1 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
17.1.2 any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
17.2 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.
17.3 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.
17.4.1 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.
17.4.2 Unless specifically provided otherwise, rights arising under these Terms and Conditions are cumulative and do not exclude rights provided by law.
18 LAW AND JURISDICTION
18.1 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.
18.2 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.
May / 21