Bid on This Ltd (“Bid on This”) carries out business with bidders, buyers, sellers and consignors and all those present in the auction room prior to or in connection with a sale on the following General Conditions and on such other terms, conditions and notices as may be set out or referred to herein.
Please read the Vendor Terms carefully before you start to use the website and/or the vendor site in order to receive the online auction services. By using the website in order to receive the online auction services you indicate that you accept these Vendor Terms (including on behalf of your Business (as defined below) if relevant) and that you and your Business (if relevant) agree to abide by them.
Please remember that these terms form part of the contract between yourself and the Buyer. You will have the opportunity to specify certain bespoke conditions to compliment the contract, but where there is a conflict the conditions dictated here will prevail. If you do not agree, please refrain from using the website in order to receive auction services.
Bid on This shall act as the agent of the Vendor only. Any contract for the sale of an item will be formed between the Vendor and the Buyer.
Bid on This cannot guarantee that the internet services will operate continuously or without interruptions and this could affect the conduct of the Online Auction and the Bidders ability to Bid online. The Company shall not be liable in any respect in the event of any dispute due to errors, omissions or disruptions to internet services or power failures or any other unforeseen circumstances which may occur during the Online Auction.
These terms are subject to change. Bid on This reserves the right to amend them at any time. Notification of this amendment shall be affected by posting the new terms and conditions on the Website, the SELFService Site and/ or notifying Bidder Users by email.
The Vendor is contractually subscribed to use the services of Bid on This for a set fee (with specific conditions and payment plan where detailed) which must be paid immediately on invoice. Any breach of this shall result in a charge of 1% of the total invoice amount per day of late payment. The vendor authorises Bid on This to deduct this fine, along with the invoice charge from any sold items.
Agreement for items advertised for sale
The Vendor warrants and represents to Bid on This and the Buyer that the Vendor is the sole and true owner of the Consigned Property or is properly authorised by the sole and true owner to consign it for sale and is able to transfer good and marketable title to the property free from any third party claims.
When advertising an item, the Vendor is entering a contractual agreement with the Buyer providing the highest eligible bid, to provide the item/s in exchange for receipt of the agreed monies. Confirming a buyer as the winner of a lot forms a contractual price and supply agreement to provide the items at the invoice cost agreed. In the event the contract is breached by the Vendor – Bid on This will charge to the Vendor 3.5% (+VAT) to cover their fees for the sale plus a £10 (plus VAT) fee per lot.
The Vendor shall be entitled to advertise any Venue, Auction and Item via the SELFService Site. The Vendor must provide all information requested by Bid on This in order to advertise on the website.
Bid on This may remove any Venue, Auction or Item for sale which they deem unsuitable at their own discretion.
The Vendor warrants and represents that the Vendor has revealed all pertinent information that the Vendor possesses about the items, including in relation to any repairs or alterations that may have been carried out.
The Vendor warrants and represents that the Vendor has provided correct information about the location, availability, and delivery or collection of these items.
Where any extra information/terms are provided, and there is conflict, the terms of Bid on This shall prevail.
The Vendor shall indemnify Bid on This and the Buyer against any loss and expense caused by any breach of contractual clauses. Any breach of clauses shall result in the charge of a minimum £10 (plus VAT) admin fee plus 3.5% (plus VAT) of the sale price. The Vendor authorises Bid on This to deduct this from any sold items.
The Vendor shall be entitled to place prior to the Auction, a reserve on any Lot, being the minimum Hammer Price at which a Lot may be sold. Reserves must be reasonable and Bid on This may decline to offer goods which in their opinion would be subject to an unreasonably high reserve (in which case goods carry the storage and insurance charges stipulated in the terms of consignment). Bid on This also reserves the right not to accept items which they deem to be unsuitable for Auction.
Any item, sale or auction details once set cannot be changed except with the written prior consent of Bid on This.
Any proof of bidding on stock, carried out either by the seller or by any party approached or encouraged by the seller will constitute a fundamental breach of contract.
It is the responsibility of the Vendor to provide Bid on This with all bids not generated by Bid on This. Bid on This his will operate on the assumption that they have full knowledge of all bids generated (on Bid on This/elsewhere) and will complete the auction and associated contracts and charges accordingly.
Sale and payment of items
The Vendor authorises Bid on This to take payment for their items from the buyers. The Vendor acknowledges and agrees that Bid on This has contracted a third-party payment processor to manage the storage of Bidder Users’ payment details and process payment as appropriate to enable payments to Vendor. The Buyer’s payment details will be stored in a PCI compliant manner by the third-party payment processor and Bid on This can process payment, Deposit(s) and refunds via the third-party payment processor. Such third-party payment processors are obligated to protect the security and confidentiality of the Bidder User’s information.
The Vendor authorises Bid on This to charge the Buyer for any sold items at a rate of 1.5% (plus VAT), plus any payment processing fees on any item.
Following payment, all responsibility for the provision of Goods lies with the Vendor. Bid on This will provide all details and information where available for both parties to facilitate receipt of goods but provides no post sale service. The Vendor shall indemnify Bid on This for any contractual issues or costs resulting from the sale of items via their website(s).
Bid on This will pay the sold Price achieved for the Lot (less the commission and applicable fees in accordance with the buyer agreement), to the Vendor on receipt of payment of the Total Amount Due in full by the Buyer.
The Vendor authorises Bid on This in their discretion to negotiate a sale by private treaty in the case of a Lot unsold at Auction, in which case the same charges will be payable as if the Lot had been sold at Auction.
In the event the vendor agrees a refund with the buyer post sale, the vendor will be liable to supply the buyer with a refund equal to the Bid on This buyer fees they had been charged. (usually 1.5% +VAT plus any payment processing fees).
Bid on This reserve the right to change, modify or remove all and/or any of the Services at any time (with or without notice to the Vendor) and without reason.
Bid on This may terminate, restrict and/or refuse the Vendor’s use of the Website, and/or the Services and/or remove or alter any content at any time and for any reason.
Those under 18 (eighteen) years of age are not permitted to access the Website, and/or the Services.
Those who have been barred, refused or suspended by Bid on This are not permitted to access the Website, and/or receive the Services.
Those who access the Website, and/or receive the Services on behalf of their business, warrant that they have authority to bind that business.
The Vendor accepts that access to Bid on This’ Services (whether the Website, via the Auctioneer Site (if applicable) or the Services or access to a particular lot) may be withdrawn at any time. The Website, the Auctioneer Site (if applicable) and the Services may be interrupted and provision of the Website, the Auctioneer Site (if applicable) and the Services is not guaranteed. Vendors must make alternative provision for receiving bids prior to the sale (for example by telephone) and must not rely on and are not entitled to rely on Bid on This’ Services (whether the Website or the Services) to receive bids. Such Services and sites may not be continuous and may be interrupted by factors within or outside Bid on This’ control.
Bid on This shall have no liability where a bid fails to be received by the Auctioneer or is delayed, or where the bid is made in error for whatever reason. Bid on This is under no obligation to correct erroneous bids or to resubmit bids which were lost in transmission or otherwise not received by the Auctioneer.
The Vendor accepts that Bid on This’ liability is limited to the fullest extent available in law. The Vendor releases Bid on This from all liability to the fullest extent permitted by law.
Bid on This shall not be liable for the following (but not limited to); negligence, consequential damage, special, indirect and direct losses, loss of reputation, good will, contract, profits, revenues and (to the fullest extent permitted by law) all other losses arising out of or in connection with this agreement with the Vendor User.
Under no circumstances are Bid on This liable for the Auctioneer Site or the acts or omissions of the Auctioneer with whom the Vendor contracts or with whom Bid on This link or facilitate communication with the Vendor.
The Vendor agrees to pursue any dispute, claim, action or right against any Auctioneer independently and without recourse to Bid on This. The Vendor agrees to release Bid on This from all and any liability for any dispute, claim, action or right in any way associated with the Vendor’s use of the Website, the Auctioneer Site and the Services.
The Vendor will be responsible for any losses or damages suffered or incurred by Bid on This in respect of any inaccuracy of the Vendor’s data due to incorrect input of data by the Vendor User and the Vendor shall indemnify Bid on This against all liabilities, costs, expenses, damages and losses (including direct, indirect and consequential losses, loss of profit, loss of reputation and all interest, penalties and other reasonable professional costs) suffered or incurred by Bid on This arising out of such inaccuracy of data.
Where, notwithstanding the above, liability is found against Bid on This for any reason under or in connection with these Vendor Terms, or the provision of the Website and/or the Services (whether in negligence, breach of contract, breach of statutory duty or otherwise), Bid on This’ aggregate liability in any calendar year in aggregate for all claims in respect of any Vendor User shall be limited to £100 (“Vendor Cap“) per Vendor.
The Vendor User agrees to indemnify Bid on This to the fullest extent available in law where any claim, action or right against Bid on This arises through the Vendor User’s act or omission or breach of any of these terms and conditions. The Vendor accepts and agrees that Bid on This may in such circumstances take action against the Vendor or seek to join the Vendor to such a claim.
The exclusions and limitations of liability in these terms and conditions shall also be for the benefit of Bid on This’ affiliates and subcontractors.
Nothing in these Vendor Terms shall operate to exclude or limit a party’s liability for death or personal injury caused by its negligence or for its fraud.