Standard Terms
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.
Auction House Terms
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.
Privacy Policy
Privacy policy
1. Introduction
1.1 We are committed to safeguarding the privacy of our website visitors; in this policy we explain how we will treat your personal information.
1.2 By using our website and agreeing to this policy, you consent to our use of cookies in accordance with the terms of this policy.
2. Credit
2.1 This document was created using a template from SEQ Legal (http://www.seqlegal.com).
3. Collecting personal information
3.1 We may collect, store and use the following kinds of personal information:
(a) information about your computer and about your visits to and use of this website (including your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths);
(b) information that you provide to us when registering with our website (including your email address, address, telephone number, other information);
(d) information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (including [your name and email address]);
(e) information that you provide to us when using the services on our website, or that is generated in the course of the use of those services (including the timing, frequency and pattern of service use);
(h) information contained in or relating to any communication that you send to us or send through our website (including [the communication content and metadata associated with the communication]);
(i) any other personal information that you choose to send to us;
3.2 Before you disclose to us the personal information of another person, you must obtain that person's consent to both the disclosure and the processing of that personal information in accordance with this policy.
4. Using personal information
4.1 Personal information submitted to us through our website will be used for the purposes specified in this policy or on the relevant pages of the website.
4.2 We may use your personal information to:
(a) administer our website and business;
(b) personalise our website for you;
(c) enable your use of the services available on our website;
(e) [supply to you services purchased through our website;]
(g) [send you non-marketing commercial communications;]
(h) [send you email notifications that you have specifically requested;]
(i) [send you our email newsletter, if you have requested it (you can inform us at any time if you no longer require the newsletter);]
(k) [provide third parties with statistical information about our users (but those third parties will not be able to identify any individual user from that information);]
(l) deal with enquiries and complaints made by or about you relating to our website;
(m) keep our website secure and prevent fraud;
(n) verify compliance with the terms and conditions governing the use of our website ; and
(o) share information with individuals and organisations where fraud, attempted fraud, hacking or attempted hacking has taken place.
4.3 If you submit personal information for publication on our website, we will publish and otherwise use that information in accordance with the licence you grant to us.
4.4 Your privacy settings can be used to limit the publication of your information on our website, and can be adjusted using privacy controls on the website.
4.5 We will not, without your express consent, supply your personal information to any third party for the purpose of their or any other third party's direct marketing.
5. Disclosing personal information
5.1 We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers, auction house cleints or subcontractors insofar as reasonably necessary for the purposes set out in this policy.
5.2 We may disclose your personal information to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes set out in this policy.
5.3 We may disclose your personal information:
(a) to the extent that we are required to do so by law;
(b) in connection with any ongoing or prospective legal proceedings;
(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);
(d) [to the purchaser (or prospective purchaser) of any business or asset that we are (or are contemplating) selling; and]
(e) to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.
5.4 Except as provided in this policy, we will not provide your personal information to third parties.
6. International data transfers
6.1 Information that we collect may be stored and processed in and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this policy.
6.2 Information that we collect may be transferred to the following countries which do not have data protection laws equivalent to those in force in the European Economic Area: the United States of America, Russia, Japan, China and India.
6.3 Personal information that you publish on our website or submit for publication on our website may be available, via the internet, around the world. We cannot prevent the use or misuse of such information by others.
6.4 You expressly agree to the transfers of personal information described in this Section 6.
7. Retaining personal information
7.1 This Section 7 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal information.
7.2 Personal information that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
7.4 Notwithstanding the other provisions of this Section 7, we will retain documents (including electronic documents) containing personal data:
(a) to the extent that we are required to do so by law;
(b) if we believe that the documents may be relevant to any ongoing or prospective legal proceedings; and
(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk).
8. Security of personal information
8.1 We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.
8.2 We will store all the personal information you provide on our secure (password- and firewall-protected) servers.
8.3 All electronic financial transactions entered into through our website will be protected by encryption technology.
8.4 You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
8.5 You are responsible for keeping the password you use for accessing our website confidential; we will not ask you for your password (except when you log in to our website).
9. Amendments
9.1 We may update this policy from time to time by publishing a new version on our website.
9.2 You should check this page occasionally to ensure you are happy with any changes to this policy.
9.3 We may notify you of changes to this policy [by email or through the private messaging system on our website].
10. Your rights
10.1 You may instruct us to provide you with any personal information we hold about you; provision of such information will be subject to:
(a) the payment of a fee (currently fixed at GBP 10); and
(b) the supply of appropriate evidence of your identity [(for this purpose, we will usually accept a photocopy of your passport certified by a solicitor or bank plus an original copy of a utility bill showing your current address)].
10.2 We may withhold personal information that you request to the extent permitted by law.
10.3 You may instruct us at any time not to process your personal information for marketing purposes.
10.4 In practice, you will usually either expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt out of the use of your personal information for marketing purposes.
11. Third party websites
11.1 Our website includes hyperlinks to, and details of, third party websites.
11.2 We have no control over, and are not responsible for, the privacy policies and practices of third parties.
12. Updating information
12.1 Please let us know if the personal information that we hold about you needs to be corrected or updated.
13. Cookies
13.1 Our website uses cookies.
13.2 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
13.3 Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
13.4 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
13.5 We use both session and persistent cookies on our website.
13.6 The names of the cookies that we use on our website, and the purposes for which they are used, are set out below:
(a) we use cookies on our website to recognise a computer when a user visits the website / track users as they navigate the website / enable the use of a shopping cart on the website / improve the website's usability / analyse the use of the website / administer the website / prevent fraud and improve the security of the website / personalise the website for each user ;
13.7 Most browsers allow you to refuse to accept cookies; for example:
(a) in Internet Explorer (version 11) you can block cookies using the cookie handling override settings available by clicking "Tools", "Internet Options", "Privacy" and then "Advanced";
(b) in Firefox (version 36) you can block all cookies by clicking "Tools", "Options", "Privacy", selecting "Use custom settings for history" from the drop-down menu, and unticking "Accept cookies from sites"; and
(c) in Chrome (version 41), you can block all cookies by accessing the "Customise and control" menu, and clicking "Settings", "Show advanced settings" and "Content settings", and then selecting "Block sites from setting any data" under the "Cookies" heading.
13.8 Blocking all cookies will have a negative impact upon the usability of many websites.
13.9 If you block cookies, you will not be able to use all the features on our website.
13.10 You can delete cookies already stored on your computer; for example:
(a) in Internet Explorer (version 11), you must manually delete cookie files (you can find instructions for doing so at http://windows.microsoft.com/en-gb/internet-explorer/delete-manage-cookies#ie=ie-11);
(b) in Firefox (version 36), you can delete cookies by clicking "Tools", "Options" and "Privacy", then selecting "Use custom settings for history" from the drop-down menu, clicking "Show Cookies", and then clicking "Remove All Cookies"; and
(c) in Chrome (version 41), you can delete all cookies by accessing the "Customise and control" menu, and clicking "Settings", "Show advanced settings" and "Clear browsing data", and then selecting "Cookies and other site and plug-in data" before clicking "Clear browsing data".
13.11 Deleting cookies will have a negative impact on the usability of many websites.
14. Our details
15.1 This website is owned and operated by Redpoint Consulting Limited.
15.2 We are registered in England and Wales under registration number [number], and our registered office is at The Stables, Hoarstone Court, Trimpley Lane, Bewdley, Worcs.
15.3 You can contact us by writing to the business address given above, by using our website contact form, by email to info@live-bidder.com or by telephone on +44 7971 883371.