This service is operated by Redpoint Consulting Limited.
The services provided by Redpoint Consulting Limited ("Redpoint") through the Website ("Service" or "Services") and the use of the Website are governed by these Terms and Conditions ("Terms and Conditions"). By accessing or using the Services or the Website or by registering as a bidder ("Bidder" or "User"), you agree that
- You have read the Terms and Conditions,
- You understand the Terms and Conditions, and
- Your use of the Services and the Website will be in accordance with the Terms and Conditions.
If you do not agree to the Terms and Conditions, you may not access or use the Services or the Website.
The parties agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this contract or its subject matter or formation (including non-contractual disputes or claims)
The Terms and Conditions together with any additional terms and conditions specific to a particular auction constitute the entire agreement (the "Agreement") between Redpoint and User and replace any earlier version of the Terms and Conditions.
Redpoint may amend the Terms and Conditions at any time, at Redpoint's sole discretion, without notice. Any amendment of the Terms and Conditions will be displayed on the Website. Use of the Services and the Website constitutes an acceptance of the current Terms and Conditions.
Role of Redpoint.
Redpoint provides the Services and the Website only as a service for auctioneers ("Sellers") who offer for sale items and Bidders may may bid these items. Redpoint is neither a principal with interest in the transactions, nor an agent of Bidder or Seller. Redpoint does not make, and should not be construed as having made, any representation or warranty of any kind concerning any of the offered assets or offerings, including without limitation any representation or warranty regarding the quality, safety or legality of the offered assets, or the truth or accuracy of any offerings.
Redpoint makes no representation or warranty of any kind as to the ability of either Bidder or Seller to complete a sale in accordance with these Terms and Conditions or otherwise, and in accordance with any additional terms and conditions specific to a particular auction.
Redpoint does not have the power to transfer title of any assets offered by Sellers.
Redpoint may at its sole discretion to block any User who does not comply with the Terms and Conditions.
In the event of any dispute regarding any transaction conducted through use of the Services or the Website the User hereby releases Redpoint, its partners and subsidiaries, and their respective directors, employees, agents and successors in title and each of the foregoing, from any and all manner of action or claim and from any and all losses, damages, costs or expenses, including without limitation court costs and legal fees, which User may have against the Released Parties.
In particular, Redpoint shall not be held responsible for any loss, damage or cost or expense arising from the use of the Service, or in Redpoints' failure to provide The Service. The Service is not guaranteed to be error free or to be available at any time.
1.
General
These
online auctions are conducted by Walvis Ltd (“Walvis”).
Walvis may use third-party platforms and partners for absentee and live bidding
services.
These Terms
and Conditions apply to all participants in auctions organized by Walvis. By
placing an absentee bid or participating in live bidding, the bidder fully and
unconditionally accepts these Terms and any applicable terms of the bidding
platform used.
2. Registration
Any person
wishing to participate in an auction, whether by absentee or live bidding, must
register with Walvis. Registration is recommended no later than twelve (12)
hours prior to the sale to allow verification of commercial references.
In
compliance with anti-money laundering regulations, bidders must provide a copy
of a valid identity card or passport. Where the bidding platform does not
request such documentation, it must be submitted directly to Walvis by email.
All identification documents are securely encrypted prior to storage in
accordance with applicable data protection requirements.
Any person
registering or bidding on behalf of a third party shall remain fully and
personally liable for all bids placed, payments due, and related obligations.
No claim of agency or representation shall relieve such person of liability.
3.
Absentee Bids
Absentee
bids may be submitted in writing by email, post, or through approved online
platforms, including Redpoint or any other platform authorized by Walvis.
Absentee
bids must be received no later than four (4) hours prior to the commencement of
the auction. Walvis reserves the right to reject any absentee bid or require a
deposit from bidders unknown to Walvis or its partners.
Absentee
bids received after the deadline may be disregarded at Walvis’s sole
discretion.
Submission
of an absentee bid constitutes an irrevocable undertaking to purchase the
relevant lot at the hammer price, provided such price does not exceed the
absentee bid amount, together with the applicable buyer’s premium, taxes, and
fees.
Absentee
bids may be increased up to thirty (30) minutes prior to the sale. Afterwards
bids can be placed live. Requests to reduce or cancel absentee bids must be
submitted electronically in writing no later than four (4) hours prior to the
sale and shall only be effective upon written confirmation by Walvis.
Walvis
reserves the right to refuse any absentee bid at its sole discretion and
without stating reasons.
4.
Conduct of the Auction
All bidding
and invoicing are conducted in British Pounds Sterling (GBP).
Lots are
offered in numerical catalogue order. Catalogue prices are starting prices
only. Walvis reserves the right to increase starting prices based on absentee
bids received prior to the auction. Bids below the starting price shall not be
accepted.
Walvis may,
at its sole discretion and at any time, reject any bid, withdraw any lot, or
reopen bidding on any lot.
The highest
accepted bid shall constitute the hammer price. The successful bidder shall be
obligated to purchase the lot at the hammer price together with the applicable
buyer’s premium, taxes, and fees.
During live
bidding, a “Fair Warning” notice will appear prior to the closing of bidding.
Any bid placed during this period shall cancel the notice and let bidding
continues.
In the
event of identical bids, priority shall be given to the first bid received and
accepted.
5.
Premium & Taxes
Buyer's Premium
A buyer’s
premium of 25% shall be added to the hammer price of each lot purchased and
shall form an integral part of the total amount payable by the buyer.
VAT
For most
lots, VAT is included within the buyer’s premium under the margin scheme.
Certain
lots are subject to standard UK VAT at the prevailing rate of 20%:
- Lots marked with (*) are
subject to VAT on the buyer’s premium only;
- Lots marked with (Δ) are subject to VAT on both
the hammer price and the buyer’s premium.
Shipping
charges are always subject to 20% VAT.
Where
delivery takes place within the United Kingdom, VAT shall apply irrespective of
the buyer’s location.
Exports may
qualify for VAT exemption. Where Walvis arranges shipping and export
documentation, the exemption shall be applied directly. Where the buyer
arranges shipment independently, VAT shall initially be charged and reimbursed
upon receipt of satisfactory proof of export documentation.
Other
Taxes and Duties
The buyer
shall be solely responsible for any import duties, customs charges, taxes, or
other governmental levies applicable in the destination country.
6. Shipping
Shipping
and insurance costs shall be borne entirely by the buyer.
Shipping
charges shall be determined by Walvis based on the invoice value, destination,
insurance requirements, and declared value.
Should the
buyer request an alternative shipping method or arrange shipment independently,
Walvis must be notified no later than upon receipt of the invoice.
7.
Payment
Payment is
due immediately upon receipt of the invoice.
Although
invoices are issued in GBP, Walvis may accept payment in EUR at an exchange
rate determined by Walvis.
The total
amount payable shall include hammer price; buyer’s premium; shipping and
insurance charges; applicable taxes and fees.
The buyer
acts solely in his own name and shall remain personally liable for full payment
of all amounts due.
Lots shall
not be released or shipped until full cleared payment has been received.
Payment
shall be made exclusively by bank transfer. All banking fees and transfer
charges shall be borne by the buyer.
Late
payments shall accrue interest at the rate of 1.5% per month on the outstanding
invoice amount.
8.
Ownership
Risk in the
lot shall pass to the buyer immediately upon adjudication. Title to the lot
shall not pass to the buyer until full payment of the invoice, including all
applicable fees, taxes, and charges, has been received by Walvis in cleared
funds.
Lots offered for sale may be consigned by third parties or may constitute the
property of Walvis. The successful bidder acknowledges that he shall have no
right to disclosure of the identity of the consignor and further acknowledges
that Walvis may receive commissions or other remuneration from the consignor in
connection with the sale of a lot.
9.
Returns and Withdrawal Rights
Participation
in an auction does not constitute a distance sale or online retail transaction.
Accordingly, no statutory right of withdrawal or cancellation shall apply after
the sale.
Viewing is
available by appointment up to twenty-four (24) hours prior to the auction.
Requests for additional information, photographs, or condition reports must be
submitted no later than twenty-four (24) hours before the sale.
Descriptions
and condition assessments are provided in good faith and to the best of
Walvis’s expertise.
Returns
shall only be accepted within fifteen (15) calendar days from receipt of the
lot where a substantial and manifest error in both the description and
photographs materially affects the value of the item.
Any claim
must be supported by a detailed written opinion from a recognized expert and be
sent by registered mail.
Walvis
reserves the right to obtain its own expert opinion, which shall prevail in the
event of a mere difference of opinion.
If a claim
is accepted, the lot must be returned at the buyer’s expense. A refund of the
hammer price and buyer's premium shall be issued only after verification that
the lot has not been altered, damaged, or otherwise depreciated.
Claims
relating to multiple lots shall not be accepted.
10. Use
of Images and Publications
Walvis
reserves the right to photograph, reproduce, publish, and use images or other
representations of any lot sold at auction for advertising, promotional,
archival, editorial, or commercial purposes, including in catalogues,
publications, and on its website or other digital media, without compensation
to the buyer or consignor.
11.
Anti-Money Laundering Compliance
Walvis
complies with all applicable laws and regulations concerning the prevention of
money laundering and terrorist financing.
Walvis may
require identification documents and conduct due diligence procedures in
relation to business relationships and transactions equal to or exceeding EUR
10,000, whether conducted in a single transaction or in several related
transactions.
12.
Governing Law and Jurisdiction
These Terms
and Conditions shall be governed by and construed in accordance with the laws
of England and Wales.
Any dispute
arising out of or in connection with these Terms and Conditions shall fall
within the exclusive jurisdiction of the courts of Birmingham, England,
provided that Walvis reserves the right to bring proceedings before the courts
of the buyer’s domicile.
In the
event of discrepancy, the English version of these Terms and Conditions shall
prevail.
Walvis
reserves the right to amend these Terms and Conditions at any time and without
prior notice.