Sale Terms and Important Information

Terms and Conditions For Buyers

•1 Acceptance of Terms

•1.1 Please take care and pay due regard in reading these Terms and Conditions of purchase as registration to the auction constitutes your acceptance of these Terms and Conditions.

•1.2 We reserve the right to update the Terms and Conditions at any time.

•2 Definitions and interpretation:

•2.1.1 Auction: a public or private sale in which Goods belonging to the Seller are sold to the highest Bidder by the Auctioneer;

•2.1.2 Auctioneer: Phoenix Auction House Limited or any other company within the Group (including their employees and agents and any person to whom conduct of the Auction is delegated under clause 5.11);

•2.1.3 Bid: an offer to purchase a Lot in accordance with these Conditions submitted by a Bidder:

•2.1.4 Bidder: a person bidding for a Lot;


•2.1.5 Buyer: a person who submits the highest Bid for a Lot that is accepted by

the Auctioneer;

•2.1.6 Buyer’s Premium: the Buyer shall pay a Buyer’s Premium indicated in the Important Information section of the Auction;

•2.1.7 Goods: any item (or number of items) consigned to the Auctioneer by the Seller to be placed into a Lot for sale at an Auction;

•2.1.8 Lot: (a collection of) Goods listed (whether in a catalogue or otherwise) by the Auctioneer that are available to be purchased at an Auction;

•2.1.9 VAT: Value Added Tax at [the current rate] of the Lot price, unless otherwise indicated;

•3 Following your purchase

•3.1 Upon the Auctioneer declaring the Auction for any Lot to be closed and the Lot to be sold, the Buyer shall arrange to pay in full the price quoted by the invoice to the Auctioneer by way of direct payment into the nominated bank account of the Auctioneer. Such payment must be made accordingly to the payment due date specified in the Important Information section of the Auction.

•3.2 If the Buyer fails to make complete payment due to the Auctioneer under these Conditions by the due date for payment, then, without limiting the Auctioneer’s remedies under these Conditions, the Buyer shall:

•3.2.1 be contacted by the Auctioneer by email and telephone

•3.2.2 pay interest on the overdue amount at the rate of 8% above the Bank of England’s base rate. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount,

•3.2.3 pay the interest together with the overdue amount.

3.2.4 Where any fees due from you in remain unpaid for a period of ten (10) Business Days, we shall be entitled to re-auction the Item(s) to which the fees relate and deduct all monies due to us from the sale proceeds. If the proceeds are insufficient to pay due money, the remaining balance shall remain to be payed in full.

•3.3 Entitlement to collect or to have delivered any items purchased will only be granted to the Buyer once the Auctioneer has received cleared funds for the item of goods auctioned on the Website, and also including when applicable, but not limited to buyers premium, applicable VAT, internet premium, delivery charges, late collection storage fees, late payment fees and collection charges.

•3.4 Title in the Items shall pass to the Buyer when entitlement to collect or to have delivered items has been gained by the purchaser.

•3.5 Risk in the Items is to be held by the Buyer from the moment of the establishment of their Buyer status.

•3.6 Phoenix Auction House Limited reserves the right to withdraw without notice any item at any point the sale.

•4 Collection

•4.1 Any collection time, or period, pre-determined by the Auctioneer in the Auction Details heading under the Important Information Section of the website is final and the Buyer agrees to collect the relevant Item at that time.

•4.2 Storage fees of £20 per day shall be applied in the case of late collection.

•4.3 If the item is not collected within 14 working days of the sale date then we reserve the right to re-offer the Item for sale.

•5 Postage (where applicable)

•5.1 If its availability is indicated in the Important Information section of the auction listing, and upon your request, we will use our reasonable endeavours to source a third party courier to deliver your Item to you. Our involvement shall be restricted solely to sourcing the courier. We make no warranty or representation as to the suitability of the courier and we exclude all liability for any losses, liabilities or costs which arise directly or indirectly from your use of the courier. We shall be entitled to charge for our services in sourcing a courier on your behalf at, if applicable, to the rates specified in the Important Information section, and if not then which are available upon request.

•6 Premises

•6.1 All restrictions and guidances must be followed when Phoenix Auction House Limited Premises are being visited. All entry to Phoenix Auction House Limited premises is at your own risk.

•7 Company and contact details

•7.1

Phoenix Auction House Limited

Suite 1

596 Green Lanes

London

N13 5RY

•8 Applicable law

•8.1 These Terms (and any dispute, controversy, proceedings or claim of whatever nature in relation to them) shall be governed and interpreted in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction in relation thereto.

•8.2 The Buyer acknowledges that the goods are sold as seen and that a sale by action IS NOT a consumer sale for the purpose of the Sale of Goods Act 1979 (as amended by the Sale and Supply of Goods Act 1994 and as replaced by the Consumer Rights Act 2015.) Any goods purchased do not carry any warranty or guarantee and the Buyer shall not seek to rely upon any conditions or warranties implied thereby or by any other legislation.

•9 Events beyond our control

•9.1 We will not be in breach of these Terms or otherwise liable for any delay in performance if, and to the extent that, any delay or failure is due to circumstances beyond our reasonable control and including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

•10 Invalidity

•10.1 If any part of these Terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these Terms will not be affected.

•11 Entire agreement

•11.1 These Terms, together with the appropriate references to the Important Information section of the Auction, contain the entire agreement between us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters or any statements made to you by any person, including (without limitation) any of our employees or agents. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

Phoenix Auction House Limited

Suite 1

596 Green Lanes

London

N13 5RY