Please read these Terms and Conditions thoroughly before using our website, creating an account or registering to bid on our site. These Terms and Conditions should be read in conjunction with our Privacy and Cookie Policies.
The online auction services offered through this website are provided by Auction News Ltd. By using this website you agree to be bound by these Terms and Conditions, which constitute a legally binding agreement between you and Auction News Ltd. When you create an account we will keep a record of the fact you have agreed to these Terms and Conditions.
These website Terms and Conditions supersede all previous terms and conditions.
- Creating an account
- Registering to Bid
- Joining an Auction
- Auction Bidder Obligations
- Auction News' Obligations
- Content in our Online Auction Services
- Timed Online Auctions
- Before Bidding
- Conditions of Bidding
- Bidding Charges & Commissions
- Prohibited Bidding Practices
- Bids made in error
- Terms of Payment
- Collection, Packing, Delivery and Storage
- Our Liability
- Interruption of Service
- Force majeure
- Viruses and hacking
- Intellectual Property Rights
- About these Terms
For the purposes of these Terms and Conditions:
“Auction News” shall mean Auction News Ltd. a Company registered in England and Wales with company number 4331781 and its registered office at 5 Prospect Place, Millennium Way, Pride Park, Derby, United Kingdom, DE24 8HG. Auction News Ltd are the owners and administrators of the auctionnews.com website.
“Auction Bidder” means any person who uses this website, creates an account or registers to bid in order to browse or bid on the auctions and lots listed.
“Auctioneer” means the person or company who conducts the auction to sell goods on behalf of the vendor.
"Bidding Deposit" means the amount required by the Auctioneer from the Auction Bidder before they are permitted to bid. Not all auctioneers require this.
“Buyers Premium” means the percentage as stipulated by the auctioneer which is added to the “Hammer Price” once bidding has closed
"Lot" means any item or group of items put up for sale by auction by the Auctioneer
"Purchase Price" means the sum total of the Hammer Price plus Buyers Premium plus any other charges made by the auctioneer plus VAT where applicable.
VAT: The tax added to all non-exempt items which for most goods and services is currently 20%
(some goods and services are charged at the reduced rate of 5% or the zero rate of 0%.)
Services means the “Online Auction Services” offered by this website to facilitate the sale of goods by Auctioneers to Auction Bidders
“Vendor” means the person or company who has appointed the auctioneer to sell goods on their behalf. The vendor is usually the owner of the goods or a person or a business with legal authority to sell the goods (e.g. an insolvency practitioner or appointed administrator).
"Winning Bid” (or “Hammer Price") means the amount of the highest bid for any lot as entered by the Auction Bidder.
2. Creating an account
Creating an account is free and does not oblige you to bid on any lots.
a) When you create an account you will be asked:
i. supply limited information about yourself including your name and email address
ii. choose your email preferences and categories of interest
iii. confirm your agreement to these Terms and Conditions
iv. verify your email address via an email link
b) Creating an account on behalf of a business
If you create an account on behalf of a business (including but not limited to a company, partnership, sole trader or limited liability partnership), you warrant, represent and undertake that you have the authority to:
i. act on behalf of the business
ii. bind the business to these Terms and Conditions
iii. bind the business to any contract, agreement or arrangement entered into as a result of using this website, including those made with an Auctioneer.
c) If you do not have authority to act on behalf of the business as stated in above, you will remain personally liable in respect of these Terms and Conditions in any agreement entered into with an Auctioneer as a result of using this website.
4. Joining an Auction
Once you have created an account and registered to bid you will be able to join an auction and, subject to approval, bid on lots. Before joining any auction, you will be asked to confirm you agree to the auctioneer’s terms and conditions for the auction you are joining and should also take note that:
a) Some auctioneers do not allow bidding at their auction until they have verified your registration details. In this case, your bidding status will be placed in a “Pending” state until the auctioneer has approved you and your bidding status marked as “Approved”.
b) Registering to bid on the website does not automatically constitute approval to bid either by Auction News or by the Auctioneer.
c) Your access to bidding may be refused, restricted or terminated by Auction News or by the Auctioneer at any time without notice.
d) If your access is denied by Auction News or the Auctioneer you must not create another account without our written permission.
5. Auction Bidder Obligations
The Auction Bidder warrants and undertakes that they:
a) agree to these Terms and Conditions and to those of the specific auctioneer conducting the sale before bidding and will not use the website if they do not agree.
b) agree that Auction News are not party to the contract for sale and purchase entered into between you and the Auctioneer.
c) agree that Auction News do not act as the seller or auctioneer of any lot.
d) agree that Auction News does not act as an agent for you or the Auctioneer.
e) agree that it is the responsibility of the Auctioneer to inform you of any cancellation rights you have as a consumer relative to any lot you may purchase using the website.
f) agree that Auction News may change or remove any of the services offered through our website at any time, for whatever reason and without prior notice.
g) agree to indemnify Auction News against any claim that arises through your failure to act in compliance with these Terms and Conditions.
h) are not under 18 years of age
i) are not prohibited by law from bidding on or purchasing any lots
j) will not use or access the website in such a way as to deliberately cause Auction News any loss, damage or liability whatsoever.
k) will not deliberately cause any interference or disruption to the website or cause it to become less efficient, effective or functional
l) will not bypass measures which have been put in place to prevent or limit user access to the website.
m) will not copy, modify, reproduce or store information held on the website for commercial gain or to make a derivative product or competing service.
n) will not harvest or gather information stored on the website to create a database in electronic or structured manual form or enable or allow others within their business to do so for any purpose whatsoever.
o) will not submit, enter or communicate any information or language into or via the website which is offensive, harmful, inaccurate, defamatory, deceptive, infringing or otherwise unlawful or illegal.
6. Our Obligations
b) We are responsible for complying with GDPR which includes keeping secure any customer data which is in our possession and under our control.
c) We will provide our Services to you using a commercially reasonable and competent level of skill and care. We will endeavour to always publish accurate information, however, we are dependent on the auctioneers who supply us with this information for its accuracy.
d) Other than as expressly set out in these terms or any auction specific additional terms, neither Auction News nor its affiliates, suppliers or distributors make any specific promises or guarantees about the Services provided, the content within the Services, the specific functions of the Services or their reliability, availability or ability to meet your needs.
e) Some jurisdictions provide for certain warranties, like the implied warranty of satisfactory quality, fitness for a particular purpose and non-infringement. To the maximum extent permitted by law, we exclude all warranties.
f) Auction News is PCI DSS (Payment Card Industry Data Security Standard) compliant and our status is reviewed and validated annually by our payment providers Stripe. Stripe has been audited by an independent PCI Qualified Security Assessor (QSA) and is certified as a PCI Level 1 Service Provider, the most stringent level of certification available in the payments industry.
g) We do not store on or pass through our servers any credit/debit card details you enter on the website, therefore, we never see or have access to your card details.
7. Content in our Online Auction Services
a) Our website displays content that is not owned by Auction News. In addition, many auction listings and other pages on our website link to other websites over which Auction News/Canamp has no control. This content is the sole responsibility of the business or entity that makes it available. If you are directed to another site which, for example, hosts the auction bidding, you should take the usual precautions and agree to the bidding Terms and Conditions of that site before using it or placing a bid.
b) If we receive complaints about content, we will review this content to determine whether it is illegal, inappropriate or in violation of our policies and we may remove or refuse to display content that we reasonably believe violates our policies or the law. This does not necessarily mean that we review all content, so you should not assume that we do.
c) For Intellectual Property Rights relating to content in our Services see Paragraph 20.
8. Timed Online Auctions
This is the process by which goods are purchased and sold on this site. An explanation of what a timed online auction is and how it works is available in our Help Centre.
9. Before Bidding
a) It is the Auction Bidder’s responsibility to read the lot description and auctioneer’s Terms and Conditions prior to making a bid. However, you should not rely exclusively on the lot listing and photographs of any lot listed on this site as a complete and exhaustive description of an item. The photograph and description of the item are intended to be used as a guide only and should not be used to form a final opinion of an item’s suitability. All lots sold through this site are sold on an “as is” basis with no warranty.
b) Most auctioneers allow viewing of lots prior to the auction and it your responsibility as the Auction Bidder to decide whether to view the lot in person or rely on the accuracy of an item’s description and photographs prior to bidding.
c) The Auction Bidder accepts that the Auctioneer (not Auction News) is solely responsible for all representations, guarantees and warranties made with respect to all lots sold through the website in particular:
i. Description of lots
ii. Photographs of lots
iii. Statements relating to the quality, fitness for purpose and authenticity of lots
iv. Statements relating to the title, legality and safety of lots
d) Any dispute arising from inaccurate or misleading lot descriptions or photographs is a matter between the Auction Bidder and the Auctioneer and any complaints should be directed to the Auctioneer and not Auction News.
10. Conditions of Bidding
a) When you bid on a lot during a timed online auction conducted on our site, you are making an offer to buy the item at the price you bid. If your bid is the winning bid amount, as the winning bidder you are legally obliged to purchase the item and pay the winner’s bid amount, plus any additional charges that you may be obliged to pay. IMPORTANT: When you bid you are entering into a legally binding contract, therefore you should only bid on an item which you are willing to pay for.
b) Upon successful purchase, the lot will be at the Auction Bidder’s or the Auctioneer's risk until delivered as agreed between Auction Bidder and the Auctioneer.
c) Bids entered by the Auction Bidder do not include the buyer's premium or VAT or any additional charges that may be charged by the Auctioneer.
11. Bidding Charges & Commissions
a) Auction News does not charge Auction Bidders for use of the website or submitting bids.
b) Auctioneers may, at their discretion, require a bidding deposit to be placed by an Auction Bidder in order to bid or bid above a certain amount. Unless otherwise stated, these deposits are fully refundable to the Auction Bidder, minus any fees payable. If a bidding deposit is required, this will be stated in the auction details or you will be notified when you register to bid at the auction.
c) The Auction Bidder acknowledges that any commission or other charges that the Auctioneer may make are a matter between the Auction Bidder and the Auctioneer and are not the responsibility of Auction News. It is the responsibility of the Auction Bidder to be aware of and agree to all auctioneer charges before bidding.
12. Prohibited Bidding Practices
a) The placing of bids by persons known to the seller in order to artificially inflate the price of the lot being sold (known as Shill Bidding) whether manual or automated, is illegal and strictly prohibited on the website.
b) Any Auction Bidder who knowingly colludes in Shill Bidding will have their access to the website withdrawn and may be prosecuted in a court of law.
c) The Auction Bidder is reminded that the following bidding practices are also unlawful and may result in prosecution:
i. To submit bids on lots where they are the vendor or the seller
ii. To persuade or encourage any person to bid on their behalf
iii. To contact other bidders prior to the full conclusion of the sale of the lot
13. Bids made in error
a) Auction Bidders should take every care when submitting a bid as by doing so you legally bound to purchase the lot.
b) If you make a bid in error, you should contact the auctioneer immediately and ask if your bid can be withdrawn.
c) Withdrawal of the bid will be entirely at the discretion of the auctioneer and cannot be guaranteed.
14. Terms of Payment
a) As the Winning Bidder in an online auction, Title of Goods does not pass to you until payment is made. The following fees must be paid in full within the time limit set by the Auctioneer:
i. The Winning Bid Amount
ii. The Buyer's Premium
iii. Any Delivery Fees as agreed with the Auctioneer
iv. Any Storage Fees for lots that remain uncollected beyond the period stipulated by the Auctioneer.
b) If you refuse to pay, cannot pay or fail to complete the purchase of an item when you are the Winning Bidder then the Auctioneer may, at their discretion:
i. resell the item without notifying you, in any manner it sees fit and claim any shortfall between the Invoice Amount and the resale price received after deducting expenses.
ii. charge you a dishonour fee to cover the cost of resale
iii. take legal action to recover all amounts owing including lost commission and buyers premium (if any), administration, restocking costs and any additional costs incurred (such as advertising, transportation, insurance, storage, etc.)
c) This Agreement will automatically end immediately and without notice and without refund if you personally become insolvent or bankrupt or if the business you have registered on behalf of is unable to pay its debts, stops trading, becomes insolvent, goes into liquidation or is the subject of an administration order.
d) In these circumstances we will have no further obligation to you under this Agreement and any monies owed by you or your company will become immediately due and payable.
15. Collection, Packing, Delivery and Storage
a) Auction News do not provide packing, delivery or storage services.
b) It is the responsibility of the Auction Bidder to arrange these services. Auctioneers may have arrangements with third party service companies who can assist with packing and delivery if required.
c) Auctioneers will usually have a collection deadline after which storage costs may become payable. You should check with the Auctioneer to avoid any unforeseen costs.
16. Our Liability
a) In any dispute, claim, action or right against any Auctioneer, the Auction Bidder agrees to pursue these independently and without recourse to Auction News and agrees to release Auction News from all and any liability in any way associated with the use of the Website.
b) The Auction Bidder will be responsible for any losses or damages incurred by Auction News in respect of any inaccurate or incorrect data entered by the Auction Bidder and agrees to indemnify Auction News against all costs, liabilities, expenses, damages and all direct and indirect losses suffered or incurred by Auction News as a result of the data inaccuracy.
c) The Auction Bidder agrees that they will not hold Auction News responsible for any loss, liability or damage as a result of the following:
i. Unavailability of the website due to factors either within or outside of its control as access to the website is not guaranteed and may be interrupted or become unavailable at any time.
ii. Bids which are delayed or fail to be received, processed or accepted due to technical issues.
iii. Bids made in error, in which case Auction News is under no obligation to correct or resubmit such bids.
iv. Special, indirect and direct losses, negligence, consequential damage, loss of reputation, goodwill, contract, profits, revenues and all other losses arising out of this agreement with the Auction Bidder.
v. Use of this website or of the Auctioneer’s website
vi. Visiting the Auctioneers Saleroom or Auction Site to view or bid on lots.
d) We recommend that you consider obtaining insurance cover if you believe that you could experience losses, financial or otherwise, that we will not be responsible for.
e) Each party acknowledges that the allocation of risk and responsibility in these terms is reasonable because it reflects:
i. that it is not within our control how, and for what purposes, you use the Services
ii. that we have not developed the Services specifically for you
iii. that while we follow good industry practice, it is not economically possible for us to exhaustively test the software that supports the Services for every possible scenario
iv. the amount of the fees paid by you for the Services.
17. Interruption of Service
a) Whilst we aim to provide an uninterrupted Service, unfortunately this is not always possible due to circumstances beyond our reasonable control. This may include, but is not limited to:
i. failure of our or your internet service provider
ii. a distributed denial of service attack (where hackers deliberately overload networks with data in an effort to disable them)
iii. lightning, flood, severe weather, fire, explosion, terrorist activities
iv. industrial disputes.
b) We reserve the right to temporarily suspend the web service without notice to carry out repairs, maintenance or improvements. We will endeavour to keep these periods to an absolute minimum and to off-peak hours where possible, however, we will not be liable if the site is unavailable at any time.
c) Wherever possible, we will provide advance warning on our website of any known or planned interruptions and will try to ensure any interruption is kept to a minimum.
18. Force Majeure
a) Auction News will not be responsible or liable for any losses, delays or failures in the performance of its obligations attributed to any cause beyond its reasonable control including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, the internet, communications or computer software and hardware services.
b) Auction News shall use reasonable efforts to resume performance as soon as practicable under the circumstances.
19. Viruses and Hacking
a) Auction News is not responsible for any loss or damage to your computer system or data that might occur as a result of using the website.
b) Auction News makes every effort to test and check the website for computer hacks, viruses and other forms of malicious code, however, it is the responsibility of the Auction Bidder to ensure that their computer systems and data are adequately protected from such attacks.
20. Intellectual Property Rights
a) Auction News/Canamp are the owners or the licensees of all intellectual property rights in our site, and the material published on it. These works are protected by copyright laws and treaties around the world.
b) All such rights are reserved. You may print off one copy and download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
d) Our status and that of any identified contributors, as the authors of material on our site must always be acknowledged. You must not use any part of the materials on our site for commercial purposes without obtaining prior written authority from us.
e) Using our Services does not give you ownership of any intellectual property rights in our Services or the content that you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services.
f) We respect the intellectual property of authors and creators and we ask our users to do the same.
g) If you upload or otherwise submit content to our Services for which you own intellectual property rights, you will continue to retain ownership of those rights. We reserve the right to disable and/or terminate without notice the accounts of users who may be infringing the intellectual property rights of others.
h) If you believe that your Intellectual Property Rights have been infringed in any way please contact us providing all the relevant information. By email: support@Auction News.com or By Post: Auction News Ltd, 6 Somme Road, Derby DE22 2NP
21. About these Terms
a) These Terms and Conditions are subject to change to reflect business and legal developments applicable to Auction News/Canamp, therefore, we reserve the right to amend these T&C’s at any time.
b) Amendments will be communicated by posting the new terms and conditions on the Website and / or by e-mail notification to registered Auction Bidders. Changes will not apply retrospectively and amended terms and conditions shall become effective immediately for new Auction Bidders and from 30 days from the date of posting for existing Auction Bidders.
c) If you do not agree to the modified Terms for a Service, you should discontinue your use of the Services.
d) If there is any inconsistency between these terms and auction-specific additional terms, the additional terms will prevail to the extent of the inconsistency.
e) These terms govern the relationship between Auction News/Canamp and you, the Auction Bidder. They do not create any third-party beneficiary rights.
f) If it emerges that a particular term is not enforceable, this will not affect any other terms.
g) These terms make up the entire agreement between us regarding our services and supersede any prior agreements. These terms and any non-contractual obligations arising out of or in connection with it are governed by English law. The courts of England have jurisdiction to settle any dispute arising out of or in connection with these terms, or any non-contractual obligation arising out of or in connection with these terms.
h) You may not transfer this agreement for our Services to anyone else without the written permission of Auction News. However, we may take instructions from a person whom we believe, with good reason, is acting with your permission. We can transfer this agreement for our Services to another company provided this does not adversely affect your rights under the agreement.
i) After these terms come to an end, the provisions of this agreement, which by their nature extend beyond the termination, will survive termination of the agreement or termination of your use or access to all or any portion of our site.
j) These Terms and Conditions are governed by and construed in accordance with the laws of England and Wales. Any dispute you have which relates to these terms and conditions, or your use of the website (whether it be contractual or non-contractual), will be subject to the exclusive jurisdiction of the courts of England and Wales.