A Good Collection of Motoring Drinks Flasks by Manhattan Windsor Ltd of Birmingham

Iconic Auctioneers Terms & Conditions July 2024 – General

These Terms and Conditions should be read in conjunction with the Terms and Conditions specific to Buyers and Sellers.

GENERAL

The following Terms (“Terms”) together with such other terms, conditions and notices as may be set out in any relevant catalogue apply to all live sales by Iconic Auctioneers Limited (registered company number 07464860), The Forge, Harwoods House, Banbury Road, Ashorne, CV35 0AA (“IA”) at auction or within 14 days after the auction.

No alteration to the Terms will be binding unless accepted by IA in writing. The Terms may be amended by IA provided it is reasonable for it do so by the posting of notices prior to or during the sale. Nothing in the Terms shall affect the statutory rights of a consumer.

Additional information applicable to the Auction may be set out in the Catalogue for the Sale, in an insert in the Catalogue and/or in a notice displayed in the Auction Hall or via the website. Buyers should be alert to the possibility of changes.

IA acts solely for and in the interests of the Seller. IA’s duty is to sell the Lot at the highest price obtainable at the Auction to a Buyer. IA does not act for Buyers in this role and does not give advice to Buyers. When IA or its employees make statements about a Lot it is doing so as agent for the Seller of the Lot. Buyers who are themselves not expert in the Lots are strongly advised to seek and obtain independent advice on the Lots and their value before bidding for them. This may include inspecting the Lot where available.

DEFINITIONS

1. In these Terms:

1.1 “Auction” means the auction sale in respect of which a Lot is made available for sale.

1.2 “Auctioneer” means the representative of IA conducting the Auction or their agent nominated to do so.

1.3 “Automobilia” means any memorabilia including but not limited to trophies, badges, programmes, models, prints and other collectables.

1.4 “Buyer” means the person whose bid is accepted by IA to conclude the contract for the purchase of a Lot.

1.5 “Buyer’s Premium” means the amount payable by the Buyer to IA, calculated by reference to the hammer price and payable in addition to it.

1.6 “Catalogue” means the list of lots relating to the relevant Auction and includes any webpage advertisement, brochure, estimate, price list or other publication relating to one or more Lots.

1.7 “Contract” means the legal agreement between the Buyer and the Seller made on the successful bid of the Buyer on which the Lot is sold to them.

1.8 “Cataloguing Fee” means the sum payable by the Seller for each Lot entered into the Auction in respect of photography, script writing and marketing costs.

1.9 “Estimate” means a statement of our opinion of the range within which we think the Hammer Price for the Lot is likely to be. It should not be relied on as an indication of actual selling price or value of a Lot and does not take into account Buyer’s Premium or VAT.

1.10 “Expenses” means IA’s charges and expenses payable by the Seller in addition to the Seller’s Commission including insurance, storage, illustrations, cataloguing fee, cleaning costs, special advertising, packing and freight of that Lot and any VAT thereon.

1.11 “Hammer Price” means the price in pounds sterling at which a Lot is sold by the Auctioneer to the Buyer.

1.12 “Live Sale” means a sale open to the public for viewing and bidding in the room, conducted by an Auctioneer.

1.13 “Lot” means any item(s) consigned to IA with the view to its or their sale at Auction.

1.14 “Motor Vehicle” means any car or motorcycle included or proposed to be included in an auction together with spares, tools, documentation etc. stated as being part of the Lot.

1.15 “No Reserve” means there is no minimum price at which the Lot may be sold.

1.16 “Purchase Price” means the Hammer Price together with the Buyer’s Premium and any additional charges due plus VAT.

1.17 “Reserve” means the minimum price agreed between IA and the Seller at which a Lot may be sold.

1.18 “Sale Proceeds” means the net amount due to the Seller being the Hammer Price less the Seller’s Commission and VAT, Expenses and any other amount due to IA from the Seller.

1.19 “Seller” means the person who offers the Lot for sale, whether as agent or principal.

1.20 “Seller’s Commission” means the amount payable by the Seller to IA, calculated by reference to the hammer price.

1.21 “VAT” means Value Added Tax applicable at the prevailing rate at the date of the transaction (currently 20%).

1.22 “Working Day” means any day (other than a Saturday and Sunday) at which clearing banks in the city of London are open for the transaction of normal sterling banking business.

2. AGENT

IA sells as agent for the Seller (except where IA is selling as principal, which IA will disclose in the Catalogue or otherwise in the Auction). The Contract for the sale of a Lot is between the Seller and the Buyer. IA shall not be liable for any act or default by the Seller (except where selling as principal) or the Buyer.

3. LOSS OR INJURY

IA shall be under no liability for any injury, damage or loss sustained by any person while on IA’s premises (including any premises where an auction may be conducted or where a Lot, or part of a Lot, may be on view from time to time) except for death or personal injury, damage or loss caused by the negligence of or other breach of duty by IA, its employees or agents in the ordinary course of their duties to IA.

4. GOVERNING LAW

Any transactions to which the Terms apply shall be governed by English Law and the Courts of England shall have exclusive jurisdiction to settle all disputes arising in connection with all aspects of all matters or transactions to which these Terms apply.

5. NOTICES

5.1 Any notices shall be deemed to have been received:-

5.1.1 if hand-delivered, at the time of delivery;

5.1.2 if sent by mail, two days after the date of posting.

5.2 In proving service by delivery:-

5.2.1 by hand, it shall be necessary only to produce a receipt for the notice signed by or on behalf of the addressee;

5.2.2 by post, it shall be necessary only to prove that the notice was contained in a pre-paid envelope which was duly addressed and posted first class.

6. DATA PROTECTION

6.1 All information provided to IA will be treated confidentially and shall not be passed to third parties, except where necessary to complete a sale transaction or to facilitate transport by our partners.

6.2 IA reserves the right to pass on information when required by legislation, government authorities or the courts.

6.3 Telephone calls are recorded for training and monitoring purposes and may be used to assist in resolving any disputes which may arise in relation to bids during a Sale.

6.4 Photographs and video footage will be taken throughout the auction. These will be used by IA for marketing and publicity on our website, in social media, third party publications and other marketing collateral. The auction will be live streamed on our website and YouTube channel. Please speak to a member of staff at the registration desk if you have any concerns or if you wish to be exempted from this activity. Please note that we cannot be held responsible for any third party photography or video content of this event.

7. MISCELLANEOUS

7.1 You acknowledge and agree that IA, nor anyone employed by or representing IA, has not provided any legal or tax advice to you.

7.2 If any clause or part of any clause contained in the terms and conditions is held to be unenforceable or invalid this shall not affect the enforceability or validity of the remaining clause.

Iconic Auctioneers Terms & Conditions July 2024 – Buyers

These terms and conditions should be read in conjunction with the General Terms & Conditions.

IA acts solely in the interest of the Seller – to sell the lot at the highest price obtainable for the Seller. IA does not act for Buyers or Bidders and does not give advice to Buyers or Bidders. Any statements made regarding a Lot are made on behalf of the Seller. Bidders and Buyers who are themselves not expert in the Lots are advised to seek independent advice regarding their lots and their value before bidding.

1. LOTS

1.1 The Catalogue contains details about each Lot. The description contained in the Catalogue, which may be online, is given on behalf of the Seller, from information supplied by the Seller for which IA is not responsible. Mileage is correct at time of cataloguing.

1.2 Photographs, Illustrations and diagrams contained in the Catalogue are for identification purposes only. They may not show the true condition and colour (which may be inaccurately reproduced) of the Lot.

1.3 It is for any potential bidder to satisfy themselves as to each and every aspect of a Lot, including its originality, authorship, condition, provenance, history, background, authenticity, style, period, age, suitability, quality, roadworthiness (if relevant), origin, value and estimated selling price (including the Hammer Price), via the information provided online or in any Catalogue. No description of a Lot carries with it an implication that it is fit for any particular purpose.

1.4 Each Lot is sold by its respective Seller to the Buyer. Lots are sold to the Buyer on an “as is” basis, with all faults and imperfections and no warranty.

1.5 The actual condition of a Lot may not be as good as its outward appearance suggests. In particular, parts may have been replaced or renewed and those parts may not be original or of “Satisfactory Quality’. The inside of a Lot may not be visible where, for example, it is covered by upholstery or material, and may not be original or may be damaged, have been damaged or poorly repaired. Given the age of some Lots, no assumption should be made with regard to any aspect of its condition.

1.6 Any person who physically interferes with, scratches or damages the Lot in any way (before or after the Auction) will be held liable for the loss so caused.

1.7 Lots market with an Asterix (*) are either owned or partly owned by IA or an employee of IA.

2. ALTERATIONS AND ESTIMATES

2.1 Estimates and descriptions may be amended at IA’s discretion from time to time by notice given orally or in writing before or during an Auction.

2.2 The Lot will be available to view either via the information provided online or at the Auction venue. Any potential bidders must form their own opinion in relation to the Lot.

2.3 IA gives no warranty or representation as to the anticipated or likely selling price of any Lot. Any estimate given, whether written or oral and whether or not contained in any Catalogue, as to the estimated selling price of any Lot is a statement of opinion only and may be subject to revision from time to time at IA’s sole discretion and should not be relied upon as an indication of the actual selling price.

2.4 IA has no duty to the Buyer to investigate the accuracy of the description of any Lot provided by or on behalf of the Seller.

2.5 If there is a Reserve it will be no higher than the lower figure for any Estimate in the catalogue.

3. BIDDING AND RESERVES

3.1 You must be 18 or over in order to bid. You should keep your account details strictly confidential and not permit any third party to access your account on your behalf or otherwise. You will be liable for any and all bids made via your account.

3.2 In order to bid in the auction potential buyers must register for either a bidding paddle, a telephone or commission bid or register via our website or The Saleroom to bid online. All relevant information must be completed and ID requirements met for your bid to be processed. You should not let anyone else use your paddle. The name and address in which you register will be the name and address on your invoice, if successful, and cannot be amended once issued.

3.3 IA may refuse to accept bids from any person who has not registered via one of the methods in clause 3.1. Buyers are directed to the requirements in place regarding registration before the registration process can be completed.

3.4.1 IA reserves the right to decline to register bidders and decline to accept their bids if they have been so registered.

3.5 Buyers should ensure they have the necessary funds available to pay before bidding.

3.6 The Auction will be conducted in line with the terms and conditions.

3.7 You cannot reduce or cancel a bid once it has been placed with the Auctioneer and it is the Auctioneers decision as to whether a bid has been validly made.

3.8 A Contract of sale is made between the Seller and the Buyer on the acceptance of a bid by the fall of the Auctioneer’s hammer. IA is not a party to the Contract. The Buyer will be liable to pay the Purchase Price which is the Hammer Price plus the Buyer’s Premium and any applicable VAT. 

3.8.1 Occasionally a bid may be accepted by the Auctioneer as a ‘provisional bid’ if your final bid has not met the reserve price. A provisional bid stands until 12pm the day following the auction. During this time IA will contact the Seller on your behalf to see if they will accept your bid or to try to negotiate a sale on your behalf. If successful the lot will be deemed to have been sold to the Buyer at the fall of the hammer and the normal terms and Conditions will apply to the purchase.

3.9 Bids placed within one hour of the auction commencing are not guaranteed to be processed. We recommend you call the office on +44 (0) 1926 691 141 and ask for your bid to be checked.

3.10 If two or more bidders submit identical bids for a Lot, the first bid received takes preference.

3.11 Telephone and commission bids are placed at your own risk. We cannot accept liability for failure to receive or place such bids.

3.12 If you are bidding as agent on behalf of another party you must disclose this fact when you register to bid and provide information as required for identification checks on that third party. Where your bid is successful you are jointly and severally liable with the third party for the full amount owing to us.

4. THE BUYER

4.1 Any doubt as to the Hammer Price or Buyer must be brought to the Auctioneers attention immediately. Any dispute as to any bid shall be settled by the Auctioneer at his/her absolute discretion. Every bidder shall be deemed to act as principal unless prior to the commencement of the Auction there is a written acceptance by IA that a bidder acts as agent on behalf of the named principal, and that its principal has agreed to and/or is bound by these Conditions; in which case he shall be jointly liable with the principal under these Conditions.

5. BUYER’S PREMIUM

5.1 The Buyer shall pay the Buyer’s Premium to IA at the following rates on the hammer price: Motor Cars - 12.5% (plus VAT) on the first £300,000 of the hammer price and 10% (plus VAT) on the balance thereafter, Motorcycles – 15% plus VAT, Automobilia and Lifestyle items - 20% (plus VAT) and Number Plates - 10% (plus VAT). The Buyer acknowledges that IA may also receive the Seller’s Commission due to IA.

5.2 VAT may also be payable on the hammer price of a Lot. Any lots will be clearly marked as such in the catalogue description as follows:

†    VAT on hammer price and buyer’s premium at the prevailing rate

Ω   VAT on imported items on the hammer price and buyer’s premium at the prevailing rate*

◊    VAT on imported items at a rate of 5% on the hammer price and buyer's premium plus the prevailing rate on the buyer's premium*

○   VAT on imported items on the hammer price and buyer’s premium at the prevailing rate, plus 10% duty on the hammer price*

Note - * This import VAT is not payable by buyers exporting to the EU. However, import VAT will be due in the country you are exporting to.

All other Lots will be sold using the Auctioneers Margin Scheme (VAT Notice 718/2). VAT will not be charged on the hammer price. The VAT on the buyer’s premium will not be split out on the invoice and cannot be reclaimed by UK VAT registered businesses or individuals. Purchases being exported to the EU within 3 months of the auction date will be zero rated purchases. It is the Buyers responsibility to provide evidence of export within the time specified. Failure to do so will result in the VAT becoming payable to IA immediately.

5.3 Further duties and VAT may be applicable on exporting Lots from the UK. It is the responsibility of the Buyer to settle these charges.

5.4 An additional premium will be payable by the buyer on Lots marked [ARR] sold for a hammer price of £1,000 or more, for royalties relating to the Artists Resale Right Regulations 2006, calculated as a percentage of the hammer price as follows, up to a maximum of £12,500:

Hammer price                                        Percentage

Up to £50,000                                        4.0%

£50,001 to £200,000                             3.0%

£200,001 to £350,000                           1.0%

£350,001 to £500,000                           0.5%

Over £500,000                                      0.25%

6. PAYMENT

6.1 Once a lot is sold, the Purchase Price shall become immediately payable to IA.

6.2 Full payment for all Lots must be made to IA by 5:00pm the next Working Day. Payment should be made by bank transfer and can only be accepted in GBP. Payment by card can only be made in person up to £20,000 by debit card and £5,000 by credit card. We do not accept AMEX or cash.

6.3 No Lot may be collected until the Purchase Price has been received by IA and payments by a Buyer to IA may be applied by IA towards any such sums due from that Buyer to IA on any account whatsoever notwithstanding any directions to the contrary by the Buyer or his agent whether express or implied.

6.4 Title to the Lot will pass to the Buyer only when the Purchase Price in cleared funds has been received by IA.

6.5 Immediately a Lot is sold the risk shall pass to the Buyer notwithstanding that possession will not be given and title will not pass to the Buyer before payment of the Purchase Price.

6.6 The Buyer shall, at his/her own expense, remove the Lot purchased but not before payment in full to IA of the Purchase Price whether in respect of this or any other Lot. The Buyer must collect the vehicle or arrange for its delivery in accordance with the terms in the Key Sale Information in the Auction Catalogue.

6.7 It is the Buyers responsibility to comply with all export and import regulations relating to the Lot and to settle any applicable taxes and duties.

7. INSURANCE

7.1 Only on payment of the Purchase Price in cleared funds shall title in the Lot pass from the Seller to the Buyer. However, the risk in the Lot passes to the Buyer as soon as the Lot is sold to the Buyer. The Lot is sold when the highest bid is accepted by the Auctioneer. It is therefore the responsibility of the Buyer to insure the Lot from the fall of the hammer.

8. RESPONSIBILITY FOR PURCHASED LOTS

8.1 The Buyer will be responsible for loss or damage to a Lot they have purchased from when the Lot is sold to them. Neither IA nor its employees or agents shall be responsible for any loss or damage unless caused by the negligence of IA, its employees or agents in the ordinary course of their duties to IA if and in so far as the Lot is in IA’s custody or under its control.

8.2 The Buyer shall be responsible for all removals, insurance, storage and other charges on any Lot from the point at which the Lot is sold in accordance with the Key Sale Information in the Auction Catalogue.

8.3 Where applicable, IA will retain the V5C and notify the DVLA of the change of keeper as soon as possible following full payment of the Lot in accordance with clause 6.

8.4 Where imported Lots are subject to a NOVA declaration being completed IA will instruct the import agent to do this on the Buyers behalf, once full payment is received, and will provide the buyer with the NOVA reference number. These lots will be clearly marked in the Lot description.

8.5 Automobilia, watches & lifestyle Lots can be sent to the buyer at the buyer’s expense or collected from our offices in Warwickshire, by prior appointment.

9. NON-PAYMENT OR FAILURE TO COLLECT

9.1 If the Purchase Price is not paid in full, IA as the agent of the Seller, shall in its absolute discretion and without prejudice to any other rights it may have, be entitled to exercise one or more of the following remedies:-

9.1.1 to store (either at IA’s premises or elsewhere) and insure the Lot at the expense of the Buyer;

9.1.2 to charge interest at a daily rate equal to 4% pa over Barclays Bank’s Base Rate on so much of the total amount due as remains unpaid after the date of and time referred to in clause 6.2;

9.1.3 to retain that or any Lot sold to the same Buyer at the same or any other auction of IA and to release it only after payment of the total amount due;

9.1.4 to apply any money due or to become due to the defaulting Buyer in or towards settlement of the total amount due and to exercise a charge or lien on any property of the Buyer which is in IA’s possession for any purpose.

9.1.5 take such steps as IA shall at its absolute discretion consider necessary to collect the monies due from the Buyer, and to agree terms for the payment of the Purchase Price;

9.1.6 to rescind the sale and refund any monies to the Buyer, or to rescind the sale to the Buyer and to purchase the Lot itself. If it does so, property in the Lot shall pass to IA on its election and IA shall remit the Purchase Price to the Seller within 14 Working Days of its election less the Seller’s Commission, Expenses and sums due to IA which would have been payable had the contract not been rescinded;

9.1.7 to appoint a solicitor and/or other agent to pursue any of the courses of action referred to in this clause 9, and the Seller hereby authorises IA to take any of the courses referred to in this clause, including the issue and prosecution of proceedings on the Seller’s behalf, and to settle claims and/or proceedings made by or against the Buyer on such terms as the Seller shall instruct, or in the absence of instructions on such terms as IA shall at its absolute discretion think fit. The Buyer shall be liable for all the costs incurred in any proceedings, negotiations or ADR (Alternative Dispute Resolution) including any shortfall in cost between those expended by IA or the Seller and those awarded by any Court or Tribunal.

9.2 If the Buyer fails to make payment within 14 days after the date and time referred to in clause 6.2, IA shall at its absolute discretion and without prejudice to any other rights it may have, be entitled to re-sell the Lot or cause it to be resold by public auction or private sale, and, if this results in a lower price being obtained, the defaulting Buyer shall then pay to IA any deficiency, together with re-sale costs and any costs incurred in connection with the Buyer’s failure to make payment and any surplus shall belong to the Seller.

9.3 If the Lot is not taken away on the date and time referred to in the Key Sale Information in the Auction Catalogue, whether or not the Purchase Price has been paid, IA shall remove, store (either at IA’s premises or elsewhere) and insure the Lot at the expense of the Buyer and only release the Lot after payment of the total amount due.

10. LIABILITY OF IA AND THE BUYER

10.1 Buyers are solely responsible for ensuring that Motor Vehicles are safe for use, roadworthy (if a road going car) and comply with all relevant laws and regulations in force in all relevant jurisdictions and for ensuring that any necessary test certificates are in force. It is the responsibility of the Buyer to carry out such inspection as he thinks necessary in line with clauses 1 and 2 above.

10.2 In bidding for any Lot, the Buyer acknowledges that he does not rely on any representation made to him by IA, its employees or agents.

10.3 This contract is made for the benefit of IA, the Seller, and the Buyer, and save where the Buyer acts as agent for a named principal in accordance with Clause 4.1, is not intended to benefit or be enforceable by anyone else.  For the avoidance of doubt, any rights otherwise arising under the Contracts (Rights of Third Parties) Act 1999 are expressly excluded.

Iconic Auctioneers Terms & Conditions July 2024 – Sellers

These terms and conditions should be read in conjunction with the General Terms & Conditions.

1. DISCRETION

1.1 IA has the right as its sole discretion to refuse any bid, to divide any Lot, to combine two or more Lots, to withdraw any Lot and, in the case of dispute, to put any Lot up for Auction again.

1.2 If IA is notified about the Seller’s alleged breach of any of the Terms before it has remitted the Sale Proceeds to the Seller, it may at its sole discretion withhold payment until that dispute is resolved. IA may, however, deduct any sums that are due to it from the sum held.

2. LOTS

2.1 The Seller is responsible for delivering the Lot in a presentable condition. If additional cleaning is required, it will be charged for by IA to the Seller as an Expense.

2.2 If a Lot is not sold at Auction, IA will for the next 14 days be entitled exclusively to negotiate a sale of the Lot on terms agreed with the Seller and as Seller’s agent, and if successful will be entitled to charge the Seller’s Commission and Expenses.

2.3 The Seller gives IA the full and absolute right to photograph, video and illustrate any Lot consigned for sale, and to use such photographs, videos and illustrations as are provided by the Seller at any time at its absolute discretion (whether or not in connection with the Auction), with indemnity against copyright infringement.

2.4 The copyright in all written matter and illustrations relating to Lots shall remain at all times the absolute property of IA, and any person wishing to use such materials, or any part of them, may only do so with the prior written consent of IA.

2.5 IA shall not be liable to the Seller for any error or misstatement in or omission from the description of any lot in any Catalogue where IA has:

2.5.1 been provided with such description by the Seller or any person on his behalf; or

2.5.2 provided the Seller with a copy of such description prior to publication of the Catalogue and neither the Seller nor any person on his behalf has notified IA in writing within a reasonable time before the Auction of any error or misstatement in or omission from the description.

2.6 IA has no duty to the Seller or the Buyer to investigate the accuracy of the description of any Lot provided by or on behalf of the Seller.

2.7 The Seller gives IA the full and absolute right to promote the Lot at its discretion on the IA website, third party websites, social media channels, in the press and in any other manner it deems fit.

3. WARRANTY BY THE SELLER

3.1 The Seller warrants to the Buyer and to IA that:

3.1.1 The Seller is the owner of the Lot or person/organisation properly authorised to sell the Lot by the owner (whose identity you will disclose to IA) and is able to sell the Lot with full title guarantee free from all encumbrances and third party claims and in particular that there is no outstanding finance affecting the Lot or any taxes due. If the Lot is subject to finance the amount outstanding must be confirmed prior to consignment and sale.

3.1.2 The description of the Lot in the Catalogue is to the best of the Seller’s knowledge accurate and not misleading. The Seller has notified (or will before the Auction notify) IA in writing of any material alterations to the Lot of which the Seller is aware and of any concerns expressed by third parties in relation to the authenticity, provenance, origin, age, condition or quality of the Lot and has provided IA with all such information in the Seller’s possession or control. IA shall be under no obligation to investigate any concerns expressed by third parties.

3.1.3 The Seller shall compensate IA and the Buyer in full for all losses, expenses and other costs which are caused by the Seller’s breach of any obligation of the Seller under the Terms.

3.1.4 The Seller has complied with all the requirements, legal or otherwise, relating to any import or export of the Lot and all taxes and duties in respect of the Lot have been settled, unless stated to the contrary in the catalogue description, and so far as the Seller is aware all third parties have complied with such requirements in the past.

3.1.5 The Seller is not the subject of any Sanctions or is located in a country or territory that is, or whose government is, the subject of Sanctions.

3.1.6 The lots offered for sale are not connected with any criminal activity, including without limitation tax evasion, money laundering or terrorist activity.

4. VEHICLE REGISTRATION NUMBERS

4.1 If the Seller wishes to sell the Motor Vehicle but to retain the right to the registration number of the Motor Vehicle it is the Seller’s Responsibility to notify IA in writing.

4.2 It shall be the Seller’s responsibility to complete the retention documentation prior to sale and offer the Motor Vehicle with a new V5c and allocated registration from the DVLA prior to the Motor Vehicle being sold at the Auction whether or not IA volunteers its services to effect that, and no liability shall attach to IA in respect to any act or omission as a result.

5. BIDDING AND RESERVES

5.1 The Auction will be conducted in line with the terms and conditions.

5.2 A Contract of sale is made between the Seller and the Buyer on the acceptance of a bid by the fall of the Auctioneer’s hammer. IA is not a party to the Contract. The Buyer will be liable to pay the Purchase Price which is the Hammer Price plus the Buyer’s Premium and any applicable VAT.  At the same time the Seller will be liable to pay to IA the Seller’s Commission plus any applicable VAT on the Lot at the rate as set out in clause 6.1 below.

5.2.1 Occasionally a bid may be accepted by the Auctioneer as a ‘provisional bid’ if the final bid has not met the reserve price. A provisional bid stands until 12pm the day following the auction. During this time IA will contact you to see if you will accept the bid or to try to negotiate a sale on your behalf. If successful the lot will be deemed to have been sold to the Buyer at the fall of the hammer and the normal terms and Conditions will apply to the purchase.

5.3 The Seller may place a Reserve on any Lot when they consign it to the Auction, and once placed it may not be changed without the written consent of IA. All Lots will be sold without Reserve unless a Reserve has been agreed by IA in writing.

5.4 Where a reserve has been applied to a lot, the auctioneer and IA may in their absolute discretion place bids up to an amount not equalling or exceeding such reserve on behalf of the seller in accordance with the Auction Bidding Agreements Act 1969.

5.5 If no Reserve has been placed on a Lot, IA shall in no way be held liable should the Lot be purchased for a price below any lowest estimated selling price of the Lot given in any Catalogue.

5.6 IA may sell a Lot below the Reserve agreed with the Seller, provided that IA accounts to the Seller for the same Sale Proceeds as the Seller would have received had the Lot been sold at that Reserve.

5.7 Neither the Seller nor any person on their behalf (other than the Auctioneer) may bid on their own Lot. If a bid is nonetheless made, the Auctioneer may accept your bid and hammer the Lot down to you. You are liable to pay the Buyer’s Premium and applicable VAT on the Hammer Price.

6. COMMISSION AND CATALOGUING FEE

6.1 IA shall be entitled to deduct Sellers Commission from the Hammer Price and retain an amount equal to 7.5% (plus VAT) of the Hammer Price for Motor Cars and Motorcycles, 15% (plus VAT) for Automobilia and Lifestyle goods and 10% (plus VAT) for Registration Numbers, or such other sum agreed by IA in writing plus VAT together with Expenses and any other sums due from the Seller to IA.

6.2 IA charge a Cataloguing Fee to the Seller for each Lot entered into an Auction, to cover professional photography and marketing, as follows: Motor Cars £250 plus VAT, Motorcycles £50 plus VAT for standard entry or £200 plus VAT for premium entry including transport of your Motorcycle to the Auction location and £25 plus VAT for Automobilia, Lifestyle items and Number Plates.

6.2.1 Cataloguing fees should be paid within 7 days of the invoice date. Any fees unpaid by the date of the Auction will be automatically deducted from the funds due to you from the sale of your Lot. This fee is not taken into account when agreeing your Reserve – it will be deducted from your agreed Reserve.

6.3 The Seller acknowledges IA's right to retain the Buyer's Premium payable by the Buyer.

7. INSURANCE

7.1 Only on payment of the Purchase Price in cleared funds shall title in the Lot pass from the Seller to the Buyer. However, the risk in the Lot passes to the Buyer as soon as the Lot is sold to the Buyer. The Lot is sold when the highest bid is accepted by the Auctioneer. It is therefore the responsibility of the Seller to insure the Lot before the Lot is sold and the responsibility of the Buyer to insure the Lot after the Lot is sold.

7.2 IA will not be responsible for any damage to or the loss or destruction of a Lot unless caused by the negligence of or other breach of duty by IA, its employees or agents in the ordinary course of their duties to IA and the Seller shall compensate IA in full in respect of all other claims and proceedings brought against IA in respect of any loss or damage to or destruction of the Lot.

7.3 IA will not be liable for any injury, loss or damage caused by any Lot or by the Seller’s negligence, or that of the Seller’s employees or agents in the ordinary course of their duties to IA. The Seller shall compensate IA in full in respect of all claims and proceedings brought against IA in respect of injury, loss or damage caused by any Lot or by the Seller’s negligence or breach of any obligation under the Terms.

8. PAYMENT OF SALE PROCEEDS

8.1 Subject to IA’s right of retention under Clause 1.2 and other provisions of this Clause 8, IA shall pay the Sale Proceeds to the Seller not later than 14 Working Days after the Auction provided that the Purchase Price has been received in full by IA and the Lot has been delivered to IA or the Buyer. Unless an alternative method of payment has been agreed by IA in writing, payment shall be made by bank transfer. In the event of an unsettled hire purchase, finance agreement or any other charge or lien affecting the Lot IA will settle the amount due of such charges not exceeding the Sale Proceeds and if the Sale Proceeds are less than the charges outstanding the Seller will be responsible for the settlement of the balance forthwith.

8.2 If the Purchase Price has not been received in full by IA within the time specified in clause 8.1 IA will pay the Sale Proceeds to the Seller within seven Working Days from when the Purchase Price is received in cleared funds from the Buyer.

8.3 In respect of road registered Motor Vehicles, IA reserves the right not to remit the Sale Proceeds to the Seller unless the Seller has deposited with IA the current registration document of the Motor Vehicle, and any other documents relating to the Motor Vehicle in the Seller’s possession or control which he agreed with IA to supply.

8.4 If the Buyer fails to pay the Purchase Price within 14 days of the Auction, IA will notify the Seller who may instruct IA as to the appropriate course of action. IA may endeavour to assist the Seller but IA shall be under no obligation to do so, and shall not be under any obligation to institute proceedings in its own name.

8.5 In the absence of any written instructions from the Seller to IA within 7 days of IA having notified the Seller under clause 8.4 IA shall be entitled to take any of the actions set out in clause 9 of the Terms and Conditions specific to Buyers.

8.6 Any monies recovered by and paid to IA in consequence of IA taking one or more of the steps referred to in clause 9 of the Terms and Conditions specific to Buyers shall be applied to the payment of:

8.6.1 legal or other costs incurred by IA in connection with such steps;

8.6.2 expenses;

8.6.3 the Buyer’s Premium and the Seller’s Commission on the sale of the Lot.

8.7 Any balance remaining shall be paid to IA to the Seller (or, if appropriate, the Buyer). If there shall be a shortfall any such shortfall shall be made good by the Seller to IA on demand.

8.8 If within 7 days after receipt of the notice referred to in clause 8.5 the Seller informs IA that he wishes re-delivery of the Lot, he shall be entitled to do so but only upon prior payment of all Expenses and all legal and other costs reasonably incurred by IA so as to keep IA fully compensated.

9. WITHDRAWAL

9.1. The Seller may by notice in writing to IA withdraw the Lot from the Auction. In the event of such withdrawal, the Seller shall within 7 days of withdrawal pay IA the sums set out in this Clause 9. All such sums shall be payable to IA as remuneration for the services performed by IA down to the date of withdrawal, and not by way of penalty or liquidated damages.

9.2 In all cases of withdrawal, the Seller shall be liable to pay IA 15% of the mid estimate value of the Lot, notwithstanding that commission of a lesser, or no, amount had previously been agreed, to reflect the time, effort, loss of publicity and buyer's premium suffered by IA. In the event of a Lot having no reserve and therefore no estimate the Seller shall be liable to pay IA 12.5% of the auctioneer’s reasonable estimate. The fee shall be subject in each case to VAT and Expenses.

9.3. In the event that the Seller withdraws the Lot from the Auction, the Seller shall arrange for collection and removal of the Lot at his own expense within two working days after the date of withdrawal provided that the Seller may not collect the Lot unless and until any withdrawal fee payable under Clause 9.1 and 9.2 shall have been paid in full.

10. TRANSPORT

10.1 Prior to the Auction the Seller shall deliver the Lot to the Auction location at their own expense as per the date and time specified by IA. After the Auction any unsold motor vehicles not collected by the time specified in the key sale information for that Auction will be taken to our transport partners storage facility in Northampton at the Seller’s expense. The fee will be detailed in the Key Sale Information in the catalogue.

11. INTRODUCTORY COMMISSION

11.1 The Seller acknowledges that IA, in line with market practice, may make payments to someone who has introduced you to IA. It is the responsibility of the introducer to inform you of any payments received from IA.

12. LIABILITY OF IA AND THE SELLER

12.1 This contract is made for the benefit of IA, the Seller, and the Buyer, and save where the Buyer acts as agent for a named principal is not intended to benefit or be enforceable by anyone else.  For the avoidance of doubt, any rights otherwise arising under the Contracts (Rights of Third Parties) Act 1999 are expressly excluded.

 

 

Iconic Auctioneers Timed Online Auctions Terms & Conditions September 2024

 

1. Introduction
   
   1.1 These are the terms and conditions upon which you may access and use our marketplace. By accessing and using our marketplace and our services, you will be legally bound by these terms, our privacy policy and all other policies posted on our marketplace.
   
   1.2 Please read these terms carefully before you use our marketplace. These terms tell you who we are, how the marketplace will operate, how you and we may change or end our contractual relationship, what to do if there is a problem and other important information. If you do not agree with these terms you should stop using our marketplace immediately.
   
   2. Information about us and how to contact us.
   
   2.1 ICONIC AUCTIONEERS LIMITED is a company registered in England and Wales. Our company registration number is 074644860, our registered office is The Forge, Harwoods House, Banbury Road, Ashorne, Warwickshire, CV35 0AA.  
   
   2.2 Iconic Auctioneers Online is an online marketplace that allows a seller to list an item for sale, primarily by auction, for the purposes of allowing interested buyers to purchase that item. In the event of a successful bid during the timed auction a contract will be entered into directly between the seller and the buyer. If the item is listed as “Buy it Now” the contract will be entered into when the seller accepts the buyer’s offer to purchase the item. We will charge a fee to the buyer of the item.
   
   2.3 We do not sell items; we only provide a marketplace service for buyers and sellers to transact between themselves and to assist in the facilitation of that process.
   
   2.4 You can contact our online specialists by calling 01926 691141 or emailing onlinesales@iconicauctioneers.com.
   
   2.5 If we have to contact you, we will do so by using the contact details, email or telephone number, you provided to us when you registered your account with us. 
   
   2.6 When we use the words "writing" or "written" in these terms, this includes emails.
   
   3. Registering an account with us
   
   3.1 You will be able to browse our marketplace without registering.
   
   3.2 To set up a watchlist you will need to follow our Quick Registration process, we only ask for your email so that we can keep you informed about any items you are watching or inform you of items for sale that are similar to the one you are watching.
   
   3.3 Before you are able to use our marketplace to buy and sell items, you must follow the full registration process so that we can approve your account. You must be over 18 to do this. This applies whether you are a seller or a buyer on our online marketplace. The details on how to register with us are set out on our marketplace. 
   
   3.4 When selling on our marketplace, you must tell us if you are a trader. A trader is a person who is acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.  A consumer is an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession.
   
   3.5 In certain instances, a consumer may have the right to cancel a contract provided they do so within a short period. You should be aware that your 14-day right to cancel this contract with us (see clause 10of these terms) will immediately cease upon you either listing an item for sale or you buy or bidding on an item. You will therefore remain liable to pay to us any fees to us which arise from your use of the marketplace, even if the obligation to pay such a fee arises during this 14-day period. 
   
   3.6 For an account that enables you to buy or sell via our marketplace we will need your email address, full name and postal address, and telephone number. We will also ask for your payment card details, this enables us to confirm your identity. When you bid, you are agreeing to pay our buyers fee which will be automatically charged to your registered payment card if you are the winning bidder. When you list an item for sale you are agreeing to pay the fees we would have collected from the buyer should you withdraw your item from sale before the end of the auction or if you fail to complete the transaction (for a seller’s liability to pay fees, please refer to clause 6of these terms). Your payment details will be held securely by our payment provider Stripe. Click on the link to access their privacy terms and terms and conditions. 
   
   3.7 Our privacy policy is set out on our marketplace. For registration purposes, we will use the information supplied to verify your identity before we approve your account.  
   
   3.8 If we are not able to verify your identity or we have some other concerns with your registration application, we have the right to decline to approve your account.
   
   3.9 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat that information as confidential. You must not disclose it to any third party. 
   
   3.10 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time if, in our reasonable opinion, you have failed to comply with any of these terms.
   
   3.11 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify our customer services team. 
   
   3.12 As a registered user you are agreeing to use our marketplace only for the purposes it is intended, any unlawful use of our marketplace will result in your account being suspended or terminated. This includes but is not limited to:
   (a) committing any fraudulent act;
   (b) masquerading as a consumer when you are a trader selling in the course of your business; or
   (c) using the marketplace in any way that results in causing harm to others.
   
   4. Changes to these terms

We may change the way in which our marketplace operates, the auction rules or these terms: 
(a) to reflect changes in relevant laws and regulatory requirements; and 
(b) to reflect changes to such matters as listing policies, auction rules, payments of fee, dispute resolution etc.  

You must therefore check these terms and the auction rules each time you access the marketplace and especially each time you wish to sell or buy an item to ensure you are aware of any changes we have made. 

5. Providing the marketplace

5.1 We will allow access to use the marketplace when a seller first applies to us to list an item. 

5.2 If we do not accept an item listing for whatever reason, we will cease to provide the marketplace at that stage.

5.3 Upon the buyer making a successful bid for an item, or purchase an item on a “Buy It Now” basis, it will be the buyer’s fee set out in Appendix 2.

5.4 Unless otherwise mentioned in these terms (for example clauses 5.5, 5.6 and 5.7) or unless a seller is in breach of these terms, there is no charge to a seller for using the marketplace. 

5.5 If a seller withdraws an item from the marketplace once they have approved the listing for publication, we will charge the seller a fee equivalent to the buyer’s fee plus VAT based on the guide price agreed at the time of listing, which will be automatically deducted from the payment card registered to the seller’s account. 

5.6 If the seller fails to complete the purchase with a buyer who made the successful bid at the auction or post auction, the seller will be charged a fee equivalent to the buyer’s fee based on the winning bid or agreed price. 

5.7 The seller is responsible for the accuracy of the listing and even though we will check this before the listing is made available on the marketplace, we are not responsible for its content. If the buyer refuses to complete the purchase of the item as a result of a misleading or inaccurate listing, we will charge the seller a fee equivalent to the buyer’s fee based on the winning bid or agreed price.

5.8 If the buyer fails to complete the purchase, they will still be required to pay our fee calculated on the winning bid or the price agreed.

5.9 If access to or the use of the marketplace is prevented or delayed by an event outside our control, then we will take steps to minimise the effect of the delay. However, we will not be liable for delays caused by the event. 

5.10 Your right to use the marketplace is dependent on the validity of your registered payment card. If your payment card is out of date or has been cancelled your access may be withdrawn until you update your payment card details. 

5.11 We do not guarantee that the marketplace or any content on it will always be available or uninterrupted. We may withdraw or restrict the availability of all or any part of the marketplace (including any listing) for business or operational reasons. 

6. Listing an item for sale (seller’s obligations)

6.1 You will be asked to provide the location of the item when completing the listing. The item must be available to collect from that location in the UK following a successful sale.

6.2 If the item is being listed and sold via online auction, the manner in which the bidding process takes place is set out in our Auction Rules which you will find in Appendix 1 to these terms.

6.3 By listing an item on our marketplace, you, as the seller, are confirming that you are the owner of the item or that you are properly authorised to sell the item. We will ask you for confirmation of ownership of the item as part of the listing process. This will require you to provide a copy of the V5 or equivalent documentation (e.g. a receipted invoice to prove purchase) to verify your ownership.

6.4 As a seller you must disclose the balance due on any finance attached to the item. This must be provided as part of the item listing process.  Any item listed will be HPI checked by us and should we discover that outstanding finance has not been declared, we may refuse to list the item on our marketplace.

6.5 If the item has been imported, you as the seller must confirm you have complied with all the requirements, legal or otherwise, relating to any import or export of the item and all taxes and duties in respect of the item have been settled, unless stated to the contrary in the item’s description.

6.6 If you are buying or selling an item and you are a trader, you must disclose this fact when you register on the marketplace. A breach of this requirement will entitle us to close your account. 

6.7 If you are a trader and wish to list items for sale on our marketplace, you must also comply with each of the trader obligations set out in clause 7 to these terms.

6.8 To list an item for sale on the marketplace you will need to complete an entry form. In addition to the information set out in clauses 6.1 to 6.4 you shall provide:
(a) Year, make, model, registration number, mileage, chassis number, transmission;
(b) a detailed description of the item which shall be accurate and honest, ensure that the condition is described in detail, any damage is listed, any relevant service history together with any additions or alterations made to the item by you or by a previous owner (within your knowledge) is included; and
(c) clear and in-focus colour photographs which represent the true nature and condition of the item. If the item has suffered any obvious damage or rust, the areas affected must also be shown to enable the buyer to be as well informed about the item as possible.

6.9 Our experts will provide you with a valuation and guidance on selling your item. Our valuations are a statement of opinion and should not be relied upon as an actual selling price. 

6.10 We are under no obligation to list every item or be under an obligation to tell you the reasons why the listing will not be authorised. Our only obligation to you is to tell you that your listing has not been accepted. 

6.11 Once the details of the item have been finalised between you and us, those details will be sent to you for approval. This will include the description of the item, the guide price and reserve price if required. Once approved the reserve price cannot be increased. You will be asked to approve this listing by confirming the information is accurate and a true reflection of the item offered for sale. Once the listing is approved if you withdraw the listing before the auction has finished, you will be required to compensate us in accordance with clause 5.5.

6.12 After approval, your item will be listed on our marketplace. You give us the full and absolute right to promote your item at our discretion including, but not limited to, listing on third party websites, social media channels and in the press. 

6.13 Once you have approved a listing you have agreed to an exclusive sale with us and you cannot offer the item for sale elsewhere, or to sell the item to anyone outside our marketplace during the listing period. If you do, then you will be required to compensate us in accordance with clause 5.5.

6.14 Once the bidding is complete our system will automatically deduct the buyers fee from the winning bidder’s registered payment card and we will provide you with winning bidder’s contact details to enable you to complete the transaction within 7 days. 

6.15 If we fail to collect the buyers fee from the buyer, we have the right to offer the item to the under bidders within 7 days of the auction ending.

6.16 If a sale fails to complete as a result of inaccuracies in your description of your item, we have to right to collect an amount equivalent to the buyer’s fee from you.

6.17 If your item fails to sell in the auction, we have the right to negotiate the sale of the item, on terms agreed with the you, within 7 days of the auction ending.

6.18 It is unlawful for you to bid on your own items or to request someone you know to ‘bid up’ any item associated with your account on your behalf. 

7. Trader obligations

In addition to the seller’s obligations listed in clause 6, if you are a trader (see clause 3.4) you must:
(a) comply in all respects with the provisions of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 when dealing with consumers purchasing an item that you have listed on the marketplace; and
(b) comply in all respects with the provisions of the Consumer Rights Act 2015 when selling an item to a consumer which was listed on the marketplace.

8. Buying (buyer’s obligations)
   
   8.1 You must be registered with us, including providing a valid payment card before you can buy or bid for any item listed on the marketplace. If your payment card becomes invalid you will be prompted to replace it with a valid payment card, you will be unable to bid further on any item if a valid payment card is not available on your account.
   
   8.2 Whilst the seller will provide photographs of the item in their listing and we carry out a number of checks on the item to confirm ownership and condition, it is your responsibility as the buyer to satisfy yourself that any description applied to the item is accurate. We will have completed a finance check and any outstanding finance will be displayed in the listing it will be your responsibility to ensure that the finance is repaid as part of the final transaction. We encourage all sellers to make their items available to view in person.
   
   8.3 When a buyer places a bid to purchase an item on our marketplace you are making an irrevocable offer to purchase the item at that price. In the event you are the successful bidder at the end of the auction, you will be legally obliged to complete the purchase of the item at the price of your winning bid.  You cannot revoke or withdraw that bid once it has been made. All offers and bids made are done so at your own risk. You must make sure you have sufficient funds available before you place a bid.
   
   8.4 We will have the right to remove any offer or bid made by you in circumstances where:
   (a) it is obvious and apparent that the offer or bid made is a mistake (if you have made an error when entering a bid amount you must contact us immediately);
   (b) the payment card registered is no longer valid;
   (c) we believe you or someone you know is attempting to “bid the price up”;
   (d) any seller or proposed buyer is acting in breach of this contract; and
   (e) any information comes into our possession that questions our approval of your account.
   
   8.5 Once an auction has completed, we will inform you of your winning bid and confirm the buying fees owed. The buying fees will automatically be deducted from your registered payment card. If the payment fails, we will continue to pursue your payment via Stripe. If you have failed to pay the amount due within 24 hours, we will contact you and request immediate payment via bank transfer. When we have successfully collected your payment, we will send you the seller’s details and the seller will be sent yours (name, email address and telephone number). It is then your responsibility to contact the seller to arrange to complete the transaction within 7 days. 
   
   8.6 If you fail to complete the purchase of the item, we will not refund your buyer’s fee.
   
   8.7 You must not attempt to purchase an item outside of the marketplace. This applies to any sale completed between a buyer and a seller where the item is listed on our marketplace. We will charge the fee we would have otherwise received from the buyer in accordance with these terms.
   
   8.8 If you reasonably suspect or discover that a trader is using the marketplace to sell items by masquerading or representing themselves as a private seller, you should let us know as soon as possible by contacting our online team on 01926 691141 or emailing onlinesales@iconicauctioneers.com. 
9. Marketplace content
   
   9.1 This marketplace will include images, information, and materials (content) uploaded by other users. This content may not have been verified or approved by us.

9.2 Any content which you upload to the marketplace must not be:
(a) defamatory of any person (alive or deceased);
(b) obscene, offensive, hateful or inflammatory;
(c) sexually explicit;
(d) violent;
(e) discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age;
(f) deceptive;
(g) in breach of any legal duty owed to a third party;
(h) illegal;
(i) in contempt of court;
(j) threatening, abusive or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
(k) likely to harass, upset, embarrass, alarm or annoy any person; or
(l) unlawful or assist any person to commit or assist in the commission of any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.

9.3 You warrant that you own all intellectual property rights in your content and any content uploaded by you does not offend anything contained with