Terms and Conditions
1.1 These conditions, together with any ‘Special Conditions’ or ‘Notices to Purchasers’, are the only terms and conditions subject to which Eileen Douglas Tackshops Ltd (the “Auctioneer”) will contract with buyers (the “Buyer”). Bidding for any lot shall be deemed to be an acceptance of these conditions and any conditions in the Notices to Purchasers. If there is any inconsistency between any of these conditions and anything in the Notices to Purchasers, then those in the Notices to Purchasers shall prevail.
1.2 You must be over eighteen years of age to register on our website and must ensure that the details provided by you on registration are true, accurate, current, and complete.
1.3 We endeavour to ensure that the auctions run smoothly and without issue, however in the unlikely event of the auction not running in any way the Auctioneers will not be liable. We reserve the absolute right to alter, suspend or discontinue any part of the auction.
1.4 All deliveries will be charged at £3.95. Delivery of goods will be by courier or Royal Mail at our discretion. We aim to dispatch lots within 48 hours of payment. Delivery to UK only.
2: Inspection and Description
2.1 Buyers have a responsibility to make their own inspection and investigation of the lots and to satisfy themselves on all matters affecting the lots, and to inspect and satisfy themselves prior to the sale, as to the condition and description of a lot, its fitness and suitability for purpose.
2.2 Goods are believed to be correctly described but all goods are sold with faults, imperfections and errors of description.
2.3 The Auctioneers, their servants or agents makes or gives, nor has any person in the employment of the Auctioneers any authority to make or give, any representation or warranty in relation to any lots.
3: Limitation of Liability
3.1 The Auctioneers, their servants or agents shall not be liable for any loss or damage suffered by the Buyer arising out of or in connection with any defects or deficiencies in any lots purchased, errors of description in the auction catalogue, any mis-statements as to any matter affecting the lots or the failure of the lots to fulfil the functions for which they were intended.
3.2 The Auctioneer’s total liability for breach of contract or negligence is limited to the Bid Price.
3.3 The Auctioneers shall not be liable for any indirect or consequential loss or damage (whether for loss of profit, loss of business or otherwise) incurred by the Buyer whatsoever.
3.4 Nothing in these conditions excludes or limits the liability of the Auctioneers for death or personal injury caused by their negligence or fraudulent misrepresentation.
3.5 Nothing in these conditions shall prejudice the statutory rights of a consumer who shall be bound by these conditions only insofar as they are consistent with such statutory rights.
4: Conduct of Sale
4.1 The Auctioneers reserve the right in their absolute discretion to refuse bids from any person.
4.2 The conduct of the sale shall be at the Auctioneer’s sole discretion and the Auctioneers reserve the right to refuse any bids without giving any reason. If any dispute of whatsoever nature relating to a bid shall arise, such dispute shall be determined by the Auctioneers in their absolute discretion and whose decision shall be final and binding on all parties.
4.3 Each bidder must register prior to submitting any bids in Online Sales. The Auctioneer reserves the right to reject any registration at its sole discretion.
4.4 The Auctioneers reserve the right to fix a reserve price for any lot.
4.5 No bid may be withdrawn after the close of bidding.
4.6 The Auctioneers have absolute discretion to withdraw consolidate or divide at any time any lot.
4.7 The highest bidder for each lot at the close of bidding shall be the Buyer, subject to approval by the Auctioneers.The Sale Price is inclusive of VAT. The highest bid at the close of bidding subject to approval by the Auctioneers also marks a conclusion of a contract of sale.
4.8 In making a bid for any lots, the Buyer does so as principal. The Buyer will be held personally and solely liable for a bid unless the Auctioneers have previously agreed in writing with the Buyer that the bidder will do so on behalf of an identified third party acceptable to the Auctioneers. In circumstances where the Auctioneers have so agreed, the Buyer and the third party will jointly and severally be liable for all obligations arising from the bid where a third party shall be bound by these conditions by the individual bidding as his agent in the same way as if he were bidding personally.
The price payable by the Buyer for the purchase of the lots secured shall be the sale price, being the highest bid and accepted by the Auctioneer in accordance with condition, plus the postage costs.
The price of the goods purchased is inclusive of Value Added Tax (VAT).
7: Risk and Title
7.1 Insurance: As from the date and time the Buyer is declared, all risks in and relating to the Goods purchased, shall pass to the Buyer and the Buyer is strongly advised to effect insurance for these risks at once. In no circumstances will the Auctioneers or the Vendor be responsible if any Goods or part thereof be lost, stolen, damaged or destroyed after the Buyer is declared.
7.2 Title: The Vendor shall only sell such title to the Goods as he may have. Neither the Auctioneers nor the Vendor warrants the Vendor’s good title to any of the Goods and if it is found that the Vendor does not have title or unencumbered title to any of the Goods purported to be sold under these conditions the Buyer expressly agrees that it shall have no right either to rescind the contract or to claim damages or a reduction in the consideration paid or payable under the contract.
7.3 Title to each of the Goods will not pass until all debts owed by the Buyer to the Auctioneers (whether part-paid secured or otherwise) are settled.