This acceptable use policy sets out the terms between you and us under which you may access our website www.letssellit.co.uk (“our site”). This acceptable use policy applies to all users of, and visitors to, our site.
Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use.
Information about us
www.letssellit.co.uk is a site operated by East Midlands Auction Services Limited (“We”). We are registered in England and Wales under company number 14576502 and have our registered office at: Room 5, Armstrong’s Mill, Middleton Street, Ilkeston, Derbyshire, United Kingdom, DE7 5TT.
You may use our site only for lawful purposes. You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, logic-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.
- Not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on our site, including, without limitation:
- Proprietary technology
- Bidding services;
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Be accurate (where they state facts).
Be genuinely held (where they state opinions).
Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the terms of website use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use our site;
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our site;
- Issue of a warning to you;
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- Further legal action against you; and/or
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the acceptable use policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
- REGISTRATION PROCESS TO SELL LOT(S) AT LET’S SELL IT AUCTIONS
2. ACTING FOR YOU
2.1 We act as your agent to sell your Lot(s). Any instruction for the sale of Lot(s) at the Let’s Sell It Auction, whether placed by you in person or over the phone, email or online will result in a contract made between us on these Conditions of Business. If Vendor is multiple persons, each shall be jointly and individually liable for all obligations, liabilities, representations, warranties and indemnities of the Vendor in the Conditions of Business.
2.2 INFORMATION PROVIDED TO YOU PRIOR TO SELLING YOUR LOT(S)
2.2.1 Following your request to use our services and acceptance of our Conditions of Business whether concluded at our premises by telephone, fax or online, the following information will be provided:
188.8.131.52 details of what services we are providing to you;
184.108.40.206 how much it will cost;
220.127.116.11 additional delivery charges if we are to collect the Lot(s);
18.104.22.168 when you must pay us; and
22.214.171.124 when we will be selling your Lot(s) (i.e. which Let’s Sell It Auction the Lot(s) will be sold at).
3. SELLING YOUR LOT(S)
3.1 If our performance of the services under these Conditions of Business are affected by an event outside our control then we will contact you as soon as possible letting you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay due to an event outside our control, you may contact us to end the use of our services and receive a refund for any services you have paid for but not received.
3.2 If you have asked us to collect the Lot(s) as part of our services and we are unable to collect the Lot(s) as arranged (and you do not have a good reason for this) we may charge you additional costs we have incurred as a result.
3.3 Prior to offering the Lot(s) for sale at a Let’s Sell It Auction, we reserve the right to decide:
3.3.1 the way the Lot(s) may be combined or divided into Lot(s) for sale;
3.3.2 the way in which Lot(s) are included in the sale;
3.3.3 the way in which Lot(s) are described or illustrated in the Catalogue or any condition report;
3.3.4 the date and place of any Let’s Sell It Auction; and
3.3.5 the manner in which any sale is carried out.
3.7 We reserve the right to consult with and rely on any outside experts, consultants or restorers of our choice in relation to any Lot(s) and to carry out other enquiries or tests in relation to the Lot(s) either before or after the sale as we think appropriate. However, this is a matter for our discretion and we shall be under no duty or obligation to carry out any such consultation, enquiries or tests in respect of any Lot(s).
3.8 We will, at your expense, insure the Lot(s) that you provide to us and we will be responsible for the Lot(s) until the Buyer acquires the Lot(s).
Any sale price estimate or valuation that we give to you for any Lot(s), whether by us saying it to you orally or in the Catalogue or otherwise is an expression of opinion and intended only as a guide. It should not be in any way relied upon as a statement that the estimated selling price is the price at which the Lot(s) will sell or its value for any other purpose. As any estimate can be subject to change, it is advisable to speak with us as to the estimated selling price of any Lot(s) nearer the time of the sale.
5. YOUR RIGHT TO CANCEL THE SERVICES
If you decide not to proceed and cancel use of our services eight (8) weeks or less prior to the date of a Let’s Sell It Auction for your Lot(s), you will be liable to pay a withdrawal fee calculated in accordance with clause 8.1.
6. OUR RIGHTS TO WITHDRAW THE SERVICES
6.1 At our sole discretion, we can withdraw any Lot(s) from sale without any liability if:
6.1.1 we believe that there is any doubt as to the Lot(s) authenticity;
6.1.2 it is established or alleged that there is a breach of the warranties given by you in clause 8;
6.1.3 you materially breach any of the terms in these Conditions of Business;
6.1.4 the Lot(s) contains any endangered species for which a sales exemption under the Convention on International Trade in Endangered Species is required and such a sales exemption has not been granted by the day before the first day of the viewing of the Let’s Sell It Auction for which the Lot(s) are offered for sale;
6.1.5 we consider the Lot(s) to be of insufficient sale value;
6.1.6 the Lot(s) are lost or damaged so that it is not in the state in which it was when we agreed to sell it;
6.1.7 the Let’s Sell It Auction at which the Lot(s) was proposed to be put on sale is postponed for any reason or
6.1.8 we become aware that there is a competing title claim, right of possession by a third party over the Lot(s) or a debt secured over the Lot(s).
6.2 If we remove any Lot(s) from sale for any reason other than a breach of the warranties at clause 8 or any serious breach by you of any of the terms of these Conditions of Business, you shall not be charged a withdrawal fee as long as there is no competing title claim, right of possession by a third party over the Lot(s) or a debt secured over the Lot(s).
7. WITHDRAWAL FEE
If any Lot(s) are withdrawn from sale by us because of a breach of the warranties given by you in clause 8 or there is any serious breach by you of any of these Conditions of Business or our services are cancelled by you after the applicable time set out in clause 5.1, we are entitled to charge you a withdrawal fee of 15% of: (i) the Reserve for the withdrawn Lot(s); or (ii) if unreserved, our mid presale estimate for the applicable withdrawn Lot(s) at the time of cancellation, together with any applicable Expenses and any applicable VAT. We will not be obliged to withdraw any Lot(s) or to return it to you unless you have made full payment to us of the applicable withdrawal fee, Expenses and VAT in pounds sterling and in cleared funds.
8.1 You warrant to us and the Buyer that:
8.1.1 you are the true owner of the Lot(s) offered for sale or are properly authorised to sell the Lot(s) by the true owner;
8.1.2 you are able to and shall transfer a good title to the Lot(s) free from any third party rights or claims;
8.1.3 you are able to transfer ownership of the Lot(s) to the Buyer;
8.1.4 you have provided us with all information concerning the provenance of the Lot(s) and have notified us in writing of any concerns expressed by third parties in relation to the age, attribution, authenticity, authorship, condition, date, origin, ownership or place of origin of the Lot(s) or its export or import;
8.1.5 the details of the Lot(s) you provide to us are true and complete;
8.1.6 you are unaware of any matter or allegation that would make any description given by us in relation to the Lot(s) inaccurate or misleading;
8.1.7 where the Lot(s) has been moved to the European Union from a country that is not a member state of the European Union, the Lot(s) has been lawfully imported in to the European Union, that the Lot(s) has been lawfully and permanently exported as required by the laws of any country in which it has been located, and you provided the required declarations for the export and import of the Lot(s) and all duties and taxes on the export and import of the Lot(s) have been fully paid;
8.1.8 you have or will pay all duties and taxes on the Sale Proceeds in respect of the Lot(s) and has notified us in writing of any duties and/or taxes that are payable by us on our behalf in any country other than the country of sale;
8.1.9 there are no restrictions, copyright or otherwise, relating to the Lot(s) (other than those imposed by law) and no restrictions on our rights to reproduce photographs or other images of the Lot(s) other than those (if any) of which you have advised us in writing at the time of delivering the Lot(s) to us; and
8.1.10 the Lot(s), if they are electrical or mechanical Lot(s), are in safe operating condition if reasonably used for the purpose it was designed and it is in working order and free from any defect not obvious on external inspection that could prove dangerous to human life or health other than in those respects (if any) of which you have advised us in writing at the time of delivering the Lot(s) to us.
8.2 Notwithstanding any warranty given by you in clause 8.1, we reserve the right to test (and charge you for the cost) any of the electrical or mechanical Lot(s). If the Lot(s) fail to conform to all the applicable safety standards we reserve the right to refuse to sell these Lot(s).
8.3 If we or the Buyer considers any of the warranties given by you in clause 8.1 to be not complied with in any way, we and/or the Buyer may take legal action against you. You undertake to fully indemnify us, our directors, officers, employees, agents and sub-contractors and the Buyer against any loss or damage they incur or suffer in consequence of any breach by you of any of the warranties given in clause 8.1 or any other terms of these Conditions of Business.
8.4 Any representation or statement made by or our behalf of us, whether orally by any of our directors, officers, employees, agents or sub-contractors or printed in any Catalogue, advertisement brochure, commentary, list, report or valuation, concerning any aspect or quality of any Lot(s), including age, attribution, authenticity, authorship, condition, date, origin, price, place of origin or value is opinion only and may be changed prior to the Lot(s) being offered for sale (including whilst the Lot(s) is on public view) and is not to be taken as being or implying any warranty or representation of fact by us. Neither us nor any of our directors, officers, employees, agents or sub-contractors shall be in any way liable for any errors or omissions in any such representations or statements, except for any representations made fraudulently.
8.5 Without prejudice to Clause 14, and except as it relates to any liability for death or personal injury resulting from our negligence (liability for which we in no way seek to exclude or limit), our liability for any claim brought against us by you in respect of any Lot(s) shall be limited to the Sale Proceeds for that Lot(s).
9. AT THE SALE OF THE LOT(S) BY US
9.1 All Lot(s) are offered for sale without Reserve unless we receive your written instructions and we agree to it prior to the day of the Let’s Sell It Auction. If we do not agree, at our sole discretion we can treat the Lot(s) as being withdrawn from sale at the Let’s Sell It Auction and you will be charged accordingly. Any agreed Reserve shall be: (i) the confidential minimum Hammer Price below which the Lot(s) will not be sold; (ii) no higher than our low presale estimate for the Lot(s) at the time of the relevant Let’s Sell It Auction; and (iii) subject to 10% discretion.
9.2 Where any Lot(s) is offered for sale subject to an agreed Reserve, the Auctioneer may open the bidding on the Lot(s) below its Reserve by placing a bid on your behalf and may continue to bid on your behalf up to the amount of one bid below the Reserve either by placing consecutive bids or by placing bids in response to other Bidders, although the Auctioneer will not indicate during the Let’s Sell It Auction that they are making such bids on your behalf.
9.3 Only the Auctioneer is authorised to bid on your behalf for any Lot(s) offered subject to an agreed Reserve or at the Auctioneer’s discretion. We shall not be liable if bids are not received for any Lot(s) at the level of your agreed Reserve but shall be entitled, in our absolute discretion, to sell the Lot(s) below the Reserve and pay you the Sale Proceeds that you would have received if the Lot(s) had sold at the Reserve.
9.4 You will not in person, online or through a representative except the Auctioneer bid for your own Lot(s) at a Let’s Sell It Auction.
10. FOLLOWING THE SALE OF THE LOT(S) BY US
Following the sale of any Lot(s), you will pay us the Vendor’s Commission, any applicable Expenses and VAT. You authorise us to deduct the Vendor’s Commission, Expenses paid by the Vendor and VAT from the Hammer Price.
11. REMITTANCE OF THE SALE PROCEEDS TO YOU
11.1 Unless we have been notified by the Buyer of the intention to cancel the sale of the Lot(s) on the basis that the Lot(s) are a Deliberate Forgery, we will pay you the Sale Proceeds , after deducting the Vendor’s Commission, insurance charges and any other applicable Expenses and VAT, 21 Working Days after the sale of the Lot(s), provided that we have been paid the Hammer Price, the Buyer’s Premium, any applicable Expenses and VAT in full by the Buyer in pounds sterling and in cleared funds.
11.2 You should note that the Sale Proceeds payable are derived from the actual proceeds of sale received by us from the Buyer in respect of the Lot(s) in question and, as such, we are not under any obligation to pay the Sale Proceeds to you until payment is received in full from the Buyer (although we reserve the right to do so). In the event that payment is not received in full from the Buyer within 21 Working Days of the sale of the Lot(s) in question, we will pay you the Sale Proceeds 5-10 Working Days after such payment has been received in full from the Buyer.
12. FAILURE OF THE BUYER TO MAKE PAYMENT OF THE SALE PROCEEDS
12.1 If full payment has not been received in full from the Buyer, 30 Working Days following the sale of the Lot(s) in question, we will speak to you about the appropriate course of action to take to recover the amount due, notwithstanding that you authorise us to take such steps on your behalf as we think necessary to attempt to recover monies due from the Buyer, including (without limitation) the right to charge the Buyer interest for late payment. You authorise us to keep any interest recovered together with any interest that may be accrued on the deposit of any proceeds of sale in our client bank account of Let’s Sell It.
12.2 We are not obligated to chase any Buyer for any amount(s) due, nor shall we be under any obligation to enforce payment from any Buyer or to undertake legal proceedings to recover the outstanding payment. You shall inform us of any action that you chooses to take against the Buyer to enforce payment of the amount due, notwithstanding that our rights to take and enforce any of the rights or remedies which includes the right to cancel the sale and return the Lot(s) in question to you. If the Buyer fails to pay the full amount due on any Lot(s) in cleared funds but we have agreed to pay you the Sale Proceeds for that Lot(s), we will own the Lot(s) and we will have the benefit of all obligations given by your in these Conditions of Business.
13. REFUND SALE PROCEEDS TO BUYER IN THE EVENT OF LOT(S) BEING A DELIBERATE FORGERY
13.1 Where we consider, at our sole discretion that any Lot(s) are proven to be a Deliberate Forgery, We are authorised to cancel the sale and refund to the Buyer any amount paid to us strictly pursuant to clauses 13.2 and 13.3 in respect of the Lot(s) in question and shall advise you of the cancellation. Within 7 Working Days of us providing you with notification of cancellation you will: (i) return to us any Sale Proceeds already paid by us to you; and (ii) reimburse us for any Expenses incurred in connection with the aborted sale.
13.2 If we sell Lot(s) at Let’s Sell It Auctions, which prove to be a Deliberate Forgery, we shall refund only to the Buyer the total amount paid, this being the total amount the Buyer can recover from us. Neither we nor the Vendor will be liable for any special, indirect or consequential losses or damages that the Buyer incurs as a result of the Lot(s) proving to be a Deliberate Forgery. In the event the Buyer believes the Lot(s) to be a Deliberate Forgery, the Buyer must:
13.2.1 notify us (i) no later than three years following conclusion of the sale of the relevant Lot(s); (ii) of the date of the Let’s Sell It Auction the relevant Lot(s) were purchased at and (iii) within 14 days of the Buyer receiving any information that makes them question the authenticity or attribution of the Lot(s);
13.2.2 be able to transfer good title in the Lot(s) to us free from any charges or third party claims; and
13.2.3 on our instruction and at their cost instruct two independent experts agreed by the parties to provide advice on whether the Lot(s) are a Deliberate Forgery. After deliberating the contents of the expert reports and at our sole discretion (not being bound by such experts conclusions) if we determine that the Lot(s) are a Deliberate Forgery we will refund the total amount paid.
13.3 The Buyer has no right to a refund in the event of claiming the Lot(s) are a Deliberate Forgery where:
13.3.1 the Catalogue description of the Lot(s) at the time of the sale was the generally accepted opinion of scholars and experts;
13.3.2 if, at the date of its sale the only way of confirming the Lot(s) were a Deliberate Forgery was by scientific or other processes which were not available until after the Lot(s) was published in the Catalogue; or
13.3.3 we were not notified that the Lot(s) may be a Deliberate Forgery by the Buyer within the three years from the conclusion of the sale in accordance with clause 13.2.1.
14. IF RESERVED LOT(S) REMAINS UNSOLD
(i) any Lot(s) that is Reserved at a Let’s Sell It Auction remains unsold at the end of the relevant Let’s Sell It Auction and unless otherwise agreed in writing with us, you authorise us exclusively, until the Lot(s) is removed by or on your behalf of the you, to re-offer the Lot(s) without Reserve in a subsequent Let’s Sell It Auction or to invite offers to sell the Lot(s) privately for a price that will result in a payment to you of not less than the Sale Proceeds to which you would have been entitled had the Lot(s) been sold at a Let’s Sell It Auction for a price equal to the Reserve; or
(ii) any unreserved Lot(s) in a Let’s Sell It Auction remains unsold at the end of the relevant Let’s Sell It Auction and unless there is a written agreement with us saying otherwise, you authorise us exclusively to re-offer the Lot(s) in Let’s Sell It Auction or to invite offers and sell the Lot(s) privately at our absolute discretion and, in the event that any such Lot(s) is re-offered at a subsequent Let’s Sell It Auction, you agree that the Lot(s) will be sold without Reserve. If any Reserved or unreserved Lot(s) of a Let’s Sell It Auction fails to sell, then you authorises us, unless there is a written agreement, to get rid of the Lot(s) as we sees fit at your expense.
14.2 If any Lot(s) that is Reserved in a Let’s Sell It Auction remains unsold at the end of the relevant Let’s Sell It Auction, you authorise us, unless there is a written agreement saying otherwise, to get rid of the Lot(s) without re-offering it at a further auction as an unreserved Lot(s) at your expense and in the event of any unreserved Lot(s) at a Let’s Sell It Auction remaining unsold at the end of the relevant Let’s Sell It Auction then you authorises us, unless there is a written agreement with us saying otherwise, to get rid of the Lot(s) as it sees fit at your expense.
14.3 If a post-auction sale of any Lot(s) is agreed, your obligations to us under these Conditions of Business with respect to such Lot(s) are the same as if it had been sold at the auction and any reference in these Conditions of Business to the date of the Lets’s Sell It Auction or sale shall be treated as being a reference to the date of the post-auction sale.
15. REMOVAL OR DELIVERY OF LOT(S)
15.1 We do not undertake the removal or delivery of any Lot(s) but, if requested by you, we will instruct a contractor to remove or deliver on your behalf acting at all times as your representative. We do not accept any responsibility or liability for any loss or damage resulting from the use of any contractor and any claim for any such loss or damage should be pursued directly and solely against the contractor responsible.
15.2 Unless otherwise agreed in writing, you authorise us to get rid of on your behalf any Lot(s): (i) that in our sole opinion, possess no saleable value; and (ii) you agree to fully reimburse us for all our reasonable costs and expenses incurred.
16. DAMAGE LOSS WARRANTY FOR LOTS IN OUR POSSESSION
16.1 Unless otherwise agreed in writing, we will, at your expense and on the terms set out in this clause 16, be responsible for entering into Damage Loss Warranty with a regulated insurance provider for any Lot(s) until such time as the Bidder acquires the Lot(s) or, if the Lot(s) remain unsold, we shall charge you, and you agree to pay, a sum in respect of suchDamage Loss Warranty at a premium of:
126.96.36.199% of the Hammer Price if the Lot(s) are sold (in which case you acknowledges that we will deduct such a sum from the Hammer Price of the Lot(s) as an Expense);
16.1.2 the Reserve for the Lot(s) if the Lot(s) are unsold;
16.1.3 the low presale estimate(s) of the Lot(s) at the time of its delivery if the Lot(s) are unreserved or not offered for sale for any reason;
16.1.4 a reasonable estimate of the auction value of the Lot(s) at the date of its delivery if there is no low presale estimate for the Lot(s). The Lot(s) will be insured whilst in our possession against the risks of fire, theft following forcible entry and water damage but not against accidental breakage, loss or damage however caused unless by our wilful misconduct or negligence;
16.1.5 should any loss or damage occur to any Lot(s) whilst the burden in it is with us and for which we are liable, we shall not be liable to pay you any more than the applicable premium set out in this clause 17.1.5, less any Vendor’s Commission, any applicable Expenses and any applicable VAT;
16.1.6 we shall not be responsible or liable for the damage, loss, theft or destruction of any Lot(s) not so insured upon your instructions, nor will we be responsible or liable for any loss or damage caused by: (i) any third party who we have instructed to deal with the Lot(s) with your consent; (ii) changes in humidity or temperature; (iii) normal wear and tear, gradual deterioration or inherent defect; or (iv) errors in processing. Owing to the age of the majority of Lot(s) and the fragility of antique or other frames and casings, we will not insure against, and shall not be responsible or liable for, any loss or damage caused to any frame, casing, mounting or glass forming part of any Lot(s); or
16.1.5 if you do not want us to have the responsibility for loss or damages cover in any Lot(s) delivered to us, you must agree this with us in writing at that time. In the event that you agree this with us in respect of any Lot(s), you will maintain insurance cover for the Lot(s) until the responsibility for the Lot(s) passes to the Buyer on its sale. In such circumstances, you will: (i) promptly (and in any event no later than seven (7) Working Days after delivery of the Lot(s) in question to us provide us with a copy of the certificate of insurance for the Lot(s); (ii) promptly (and in any event no later than seven (7) Working Days after delivery of the Lot(s) in question to us, obtain a waiver of subrogation by your insurer in a form satisfactory to us of all rights and claims that the insurer may have against us in connection with loss or damage in respect of the Lot(s) and provide us with a copy of such waiver; (iii) indemnify (on a £ for £ basis) us against any claim for loss, damage or costs in respect of the Lot(s) however arising; (iv) immediately notify your insurers of the terms of such indemnity and shall note our interest on the relevant insurance policy; (v) reimburse us on demand for any payments, costs or Expenses, including legal fees, that we incur as a result of any claim for loss, damage or costs in respect of the Lot(s); and (vi) waive all rights and claims that you may have against us in connection with such loss or damage, other than in circumstances where the loss or damage was caused by our wilful misconduct or negligence.
17.EXPORT AND IMPORT OF LOT(S)
The exportation of any Lot(s) from the United Kingdom or the importation into any country may be subject to one or more export, import, firearm, endangered species or other permit. Many countries require a declaration of export of property into the country. Local laws may prevent a Buyer from importing Lot(s). We are not under any obligation to cancel the purchase and refund the Buyer the Purchase Price if the Lot(s) may not be exported, imported or if it is seized by any government authority.
18.HOW WE USE YOUR PERSONAL DATA
18.1 In connection with the management and operation of the Let’s Sell It business and the marketing and supply of Let’s Sell It’s services or as required by law, we may: (i) request that any Vendor at any Let’s Sell It Auction, and if so requested that Vendor agree to, provide in a form acceptable to Let’s Sell It written confirmation of their name, permanent address, proof of identity and creditworthiness and any other requested personal data; or (ii) obtain personal data about any Vendor at any Let’s Sell It Auction from third parties (e.g. credit information agencies). If any Vendor at any Let’s Sell It Auction provides Let’s Sell It with any personal data, the Vendor agrees that Let’s Sell It may use it for the above purposes and Let’s Sell It will not use it for any other purpose without the Vendor’s prior consent (as applicable) or, in the case of any sensitive personal data as defined in the General Data Protection Regulation 2016/679 and any subsequent supervening legislation, prior explicit consent.
18.2 You should note that, for security and evidential purposes, our premises are subject to video recording. Telephone calls to us, including (without limitation) any telephone bids or voicemail messages, may also be recorded and used for evidential purposes where, for example and without limitation, there is any dispute as to the bidding for or the Hammer Price of any particular Lot(s) sold.
21. EXPORT AND IMPORT RESTRICTIONS
We make no representations or give any warranties as to whether any Lot(s) are subject to any export restrictions from the United Kingdom or any import restrictions from any other country or as to whether any embargoes exist in relation to any particular Lot(s).
22. INTRODUCTORY COMMISSIONS
We reserve the right to pay out any remuneration that we receive to any third party introducing Buyers, Vendors or property for auction to us. We further reserves the absolute right, subject to applicable laws, to keep all details of such payments confidential.
23. PHOTOGRAPHS, ILLUSTRATIONS, IMAGES AND COPYRIGHT
23.1 We shall be entitled to photograph, illustrate or otherwise produce images in our Catalogues, promotional literature and on either our own or any third party’s website of any Lot(s) consigned for sale. The copyright in all such photographs, illustrations, images and written material produced by or for us in relation to any Lot(s) shall remain at all times our property, we shall have the right to use such photographs, illustrations, images and written material at any time and in whatever way it deems appropriate, whether or not in connection with the relevant auction.
23.2 We make no representations and give no warranties as to whether any Lot(s) is subject to copyright or as to whether the Buyer of that Lot(s) will acquire any copyright or other reproduction rights in it.
24. VALUE ADDED TAX
Where these Conditions of Business: (i) refer to any obligation you to make payment to us, or the Buyer (as applicable) will be liable to pay any VAT required by law or, if applicable, any amount in lieu of VAT; and (ii) give us a right to receive payment from you, such right shall include the right to receive any VAT due or, if applicable, any amount in due in lieu of VAT.
25.1 These Conditions of Business are not assignable by you without our prior written consent. However, these Conditions of Business shall be binding on any of your successors, permitted assigns, executors, administrators and representatives.
25.2 No act, omission or delay by us shall be deemed a waiver or release of any of our rights under the Conditions of Business or otherwise.
25.3 If any provision of these Conditions is found by any court with jurisdiction to be invalid, illegal or unenforceable for any reason, that provision shall be discounted and the remaining provisions shall continue to have full force and effect.
25.4 The Conditions set out the entire agreement and understanding between us and you at any Let’s Sell It Auction with respect to the subject matter of these Conditions of Business. It is agreed that, except for liability for fraudulent misrepresentation or concealment, none of the parties have entered into any contract pursuant to the Conditions of Business relying on any representation, warranty or undertaking that is not referred to in these Conditions of Business. We in no way seek to exclude or limit our liability for fraudulent misrepresentation or concealment.
25.5 Any notice or other communication shall be in writing and, if sent by post, shall be deemed to have been received by the addressee on the second working day after posting or, if the addressee is based outside the United Kingdom, on the fifth working day after posting. If any written notice is hand delivered, it shall be treated as having been received at that time and, if any written notice is sent by fax, it shall be deemed to have been received 24 hours after sending. Any notice sent to us should be sent to Let’s Sell It Armstrongs Mill, Floor 3 – Room 5 Middleton Street, Ilkeston, Derbyshire DE7 5TT and quoting the relevant sale date and your reference number. Any notice that we send to you shall be addressed to the last address formally notified by them to us.
25.6 No third party has any rights under these Conditions of Business. This contract is between you as Vendor and us. No other party shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any third party in order to end this contract or make any changes to these terms.
26. LAW AND JURISDICTION
26.1 These Conditions of Business are governed by English law and either party can bring legal proceedings in the English courts. By selling Lot(s) the exclusive jurisdiction of the English Courts will apply to settle all disputes arising in connection with all aspects of all matters under these Conditions of Business.
26.2 You consent to service of process or any other documents in connection with any legal proceedings by personal service, delivery by mail, facsimile transmission or in any other manner permitted by the laws of England or the law of the place of service at your last address known to us or any other usual address.
TERMS AND CONDITIONS OF BUSINESS FOR VENDORS (SELLERS)
(Timed) Online Auction Conditions of Sale
These are the terms and conditions (these “terms”), together with any notices or additional terms set out in the catalogue, that apply when you purchase Lots at Online Auctions hosted by the Auctioneer (all as defined below) and will form the basis of the contract you form with the Seller. Please note that our public auction conditions of sale will apply when you place bids at our Live Auctions (defined below).
Please note that if you register to bid on the Auctioneer’s Website, or a Third Party Platform, you agree to comply with these terms.
These terms may change from time to time. Every time you wish to place a bid at an Online Auction, please review these terms. These terms were most recently updated on 1st January 2023.
|“Auctioneer”, “we” or “us”
|East Midlands Auction Services Limited (Let’s Sell It Auctions) registered with company number 11855371;
|the date on which the Online Auction takes place;
|the Auctioneer’s website currently located at www.letssellit.co.uk together with such other website which may be developed by the Auctioneer from time to time;
|the person, firm, or company who submits bids at the Online Auction;
|“Buyer” or “you”
|the Bidder who submits the highest bid accepted by the Auctioneer or the person who the Auctioneer declares as Buyer of the Lot;
|the amount payable by the Buyer to the Auctioneer which shall be calculated at the rate of 20% of the Hammer Price exclusive of VAT;
|the Auctioneer’s opinion of the possible Hammer Price;
|the amount payable by the Buyer for the Lot;
|public auctions conducted by the Auctioneer where Bidders may inspect the Lots and place bids in person, online or via the telephone;
|any item which is offered for sale at an Online Auction;
|a Timed Online Auction (External) or a Timed Online Auction (Internal);
|the person who offers the Lot for sale;
|“Timed Online Auction (External)”
|online auctions conducted by the Auctioneer where Bidders may inspect the Lots in person and place bids via the Auctioneer’s Website or a Third Party Platform;
|“Timed Online Auction (Internal)”
|online auctions conducted by the Auctioneer where Bidders may view the Lots on the Auctioneer’s Website and place bids via the Auctioneer’s Website;
|“Third Party Platform”
|the auction platform provided by a third party, on which the Bidder may place bids in relation to the Online Auction; and
|the written description of the Lot set out in the catalogue under the ‘description’ subtitle of individually numbered Lot.
- The Auctioneer’s role
- We are appointed to act as the Seller’s agent and (unless otherwise stated) sell lots on behalf of the Seller. These terms, together with any notices and additional terms set out in the catalogue, shall form the basis the contract you form with the Seller.
- If the Seller is a trader (acting in the course of business), the catalogue will identify if the Seller is a trader.
- When we use the words “writing” or “written” in these terms, this includes emails.
2. Title and Risk
- The Lot will be your responsibility from the time you collect the Lot from us, or 5 days after the Auction Date, whichever is earlier.
- You will own the Lot once the Auctioneer has received:
- in full and cleared sums, the Hammer Price and all other sums which are, or become, due from you to the Seller and the Auctioneer; and
- all information from you in accordance with clause 2.
3. Our rights to end the contract
- We (acting on the Seller’s behalf) may terminate the Contract for Sale at any time by writing to you if:
- you do not make any payment to us when it is due;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Lots to you;
- you do not, collect the Lots from us in accordance with clause 4.
- If we end the contract in the situations set out in clause 1 we will refund any money you have paid in advance for Lots we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
- We (acting on the Seller’s behalf) may terminate the Contract for Sale at any time by writing to you if:
4. The Seller’s warranties
- The Seller warrants that:
- it is the owner of the Lot; and
- it sell the Lots with full title guarantee free from all liens, charges, encumbrances and third party claims.
- Subject to any notices or additional terms set out in the catalogue, the Lot shall correspond with the Written Description set out in the catalogue. The Buyer acknowledges and agrees that the Lot shall not correspond with any other information set out in the catalogue including Estimate.
- Unless the Seller is a trader and the Buyer is a consumer, it does not make any statement, promise, representation, assurance or warranty in relation to the Lot being of satisfactory quality or fit for purpose.
- The Seller warrants that:
5. The Seller’s liability
- Nothing in these terms shall limit or exclude the Seller’s liability for:
- death or personal injury caused by the Seller’s negligence;
- fraud or fraudulent misrepresentation;
- breach of the conditions implied by section 12 of the Sale of Goods Act 1979; or
- any matter in respect of which it would be unlawful for us to exclude or restrict liability (including the terms implied by the Consumer Rights Act 2015 which shall apply if the Seller is a trader and the Buyer is a consumer).
- Subject to clause 1, if the Seller is not a trader or the Buyer is not a consumer:
- the Seller shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract for Sale, including in connection with any description of the Lot whether made orally or in writing (excluding the Written Description);
- the Seller’s total liability to you for all other losses arising under or in connection with the Contract for Sale, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the Hammer Price; and
- all conditions implied by sections 13 to 15 of the Sale of Goods Act 1979 are excluded.
- Nothing in these terms shall limit or exclude the Seller’s liability for:
- Any notice or other communication given under or in connection with these terms must be in writing and be delivered by hand, sent by pre-paid first class post or other next working day delivery service, or email. If the notice is to the Seller or the Auctioneer, it shall be addressed to c/o Lay’s Auctioneers Limited to the address specified in the catalogue and if to the Buyer, it shall be addressed to the Buyer at the address provided when registering as a user on the Auctioneer’s Website, or a Third Party Platform.
- A notice or other communication is deemed to have been received if delivered by hand, at the time the notice is left at the proper address; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or if sent by email, at 9.00 am the next working day after transmission.
- In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
- The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
- We (acting on the Seller’s behalf) will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract for Sale that is caused by any act or event beyond our reasonable control.
- The Seller may transfer its rights and obligations under the Contract for Sale to another organisation.
- You shall not transfer your rights or your obligations under the Contract for Sale to another person.
- The Contract for Sale between you and the Seller. No other person shall have any rights to enforce any of its terms.
- Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- If the Seller does not insist immediately that you do anything you are required to do under these terms, or is delayed in taking steps against you in respect of your breaking the Contract for Sale, that will not mean that you do not have to do those things and it will not prevent the Seller from taking steps against you at a later date.
- If you are a consumer, these terms are governed by English law and you can bring legal proceedings in the English courts. If you live in Scotland you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in either the Northern Irish or the English courts.
If you are a business, any dispute or claim arising out of or in connection with the Contract for Sale or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
TERMS AND CONDITIONS OF BUSINESS FOR BUYERS
Care is taken to ensure that any statements as to authorship, attribution, origin, date, age, provenance and condition are reliable and accurate, but all such statements are statements of opinion and are not to be taken as statements or representations of fact. East Midlands Auction Services Ltd trading as Let’s Sell It reserve the right, in forming their opinion, to consult and rely upon any expert or authority reasonably considered by them to be reliable. All clients are advised they are entering into a contract with East Midlands Auction Services Ltd trading as Let’s Sell It under English Law and Jurisdiction.
1. The Buyer
The highest bidder to be the buyer. If any dispute arises, the auctioneer shall have absolute discretion to settle it and to put any disputed lot up again for sale.
2. Buyer Identification
Buyers are requested to furnish references in advance of the sale in order to avoid delay in clearing purchases. Goods will not be cleared until such references have been processed. Let’s Sell It reserve the right not to approve any online bidder when their registration credit check is not successful and who cannot provide references. Let’s Sell It will not accept commission bids for any buyer that has an outstanding invoice.
3. Buyer’s Premium
The buyer shall pay the hammer price together with a buyer’s premium at the rate of 25% plus VAT. Please note that there is a minimum purchase charge of £5 plus VAT. Please make yourself aware of charges before proceeding to bid.
VAT is charged on East Midlands Auction Services Ltd trading as Let’s Sell It services NOT on the goods and is payable at the standard rate set by the UK government.
Any royalties eligible to be paid to a qualifying artist under the ‘Droit de Suite’ legislation will be added to the buyers invoice
Immediately on the fall of the hammer, all lots shall be at the sole risk and expense of the respective purchasers
All buyers you will be sent a payment request via email with a copy of you invoices available on https://www.letssellit.co.uk/my-account.
All Bidders need to pay and arrange collection of smalls within 5 working days of the auction. Furniture buyers need to pay and collect within 3 working days of its sale day.
Failure to pay for goods within 15 working days of the auction will result in the sale being rescinded. The defaulting buyer will also be blocked from bidding at future Let’s Sell It auctions.
Methods of Payment;
Debit card, Credit card or direct bank transfer payment.
NO goods will be released until bank clearance of funds.
6. Collection / Shipment of Goods
All small goods must be paid for and collected within five working days following sale. Furniture must be paid for and collected within 3 working days. If after the allotted time the item has not been collected a storage charge of £1 per lot for smalls and £5 per lot for furniture per day will commence, the item will also no longer be insured. Let’s Sell It shall then contact the buyer in writing to confirm that this additional charge is now in place and further to that if paid for item(s) are still not collected within another 3 weeks of the date on the letter, the items will be placed back into the next auction without reserve with the buyer becoming the vendor. All East Midlands Auction Services Ltd trading as Let’s Sell It terms and conditions will now apply to the new vendor of this item. A cheque will be sent out 20 working days after the sale, this will be minus our fees and storage charges.
7. Postal Service
Let’s Sell It DO NOT offer a postal service for clients within the UK who are not able to attend the auction or unable to collect, however we have partnered with Royal Mail and DPD to offer their services to buyers. We are not professional packers or shippers, though we will try our best to pack items in a correct way which will ensure items arrive safely. However East Midlands Auction Services Ltd trading as Let’s Sell It do not offer additional insurance for items posted and therefore will not be held responsible for making any claim for damage. There are some items that due to their nature, size or weight we cannot post out, but we can recommend couriers who you can arrange to pick the item up from our viewing room. They may also be able to insure some items which we are unable to insure. For full details see ‘Postage of items’ under ‘Our Services’ on the Let’s Sell It website.
8. All buyers / couriers must check their purchases prior to departure from the auction. East Midlands Auction Services Ltd trading as Let’s Sell It will accept no claims for loss or damage thereafter.
9. Third Party Liability
Every person at East Midlands Auction Services Ltd trading as Let’s Sell It sewing rooms shall be deemed to be there at his own risk. They shall have no claim against East Midlands Auction Services Ltd trading as Let’s Sell It in respect to any accident which may occur or injury, damage or loss howsoever caused.
10. Rights of Admission
The right is reserved to refuse admission to the auction premises and may be used by East Midlands Auction Services Ltd trading as Let’s Sell It without giving a reason.
11. Selling Rate
Lots are sold at approximately 100 lots per hour online.