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Terms and Conditions

 TERMS AND CONDITIONS OF BUSINESS 

INCORPORATING TERMS OF CONSIGNMENT AND TERMS OF SALE

 

General Information for Buyers at Auction

 

1. Introduction The following notices are intended to assist buyers, particularly those that are new to our saleroom and internet bidding platforms. Our auctions are governed by our Terms and Conditions of Business incorporating the Terms of Consignment, the Terms of Sale supplemented by any notices that are displayed in our saleroom, the online catalogue listing or announced by the auctioneer at the auction. Our Terms and Conditions of Business are available for inspection at our saleroom and online at www.forumauctions.co.uk. Our staff will be happy to help you with any questions you may have regarding our Terms and Conditions of Business. Please make sure that you read our Terms of Sale set out in this catalogue and on our website carefully before bidding in the auction. In registering to bid with us you are committing to be bound by our Terms of Sale.

 

 2. Agency As auctioneers we usually act on behalf of the seller whose identity, for reasons of confidentiality, is not normally disclosed. If you buy at auction your contract for the goods is with the seller, not with us as auctioneer.

 

3. Estimates  Estimates are intended to indicate the sum that might be involved for the purchase of a particular lot. The lower estimate may represent the reserve price (the minimum price for which a lot may be sold) and cannot be below the reserve price. Estimates do not include the buyer’s premium, VAT or other taxes and fees (where chargeable). Estimates may be altered by a saleroom notice.

 

4. Buyer's Premium The Terms of Sale oblige you to pay a buyer's premium on the hammer price of each lot purchased. Our normal rate of buyer’s premium is 25% of the first £100,000 of hammer, reducing to 20% of the hammer price from £100,001 to £1,000,000 and then 12% of hammer price in excess of £1,000,000. Please note that for Premium Inclusive auctions, this will be zero.

 

5. VAT An amount equivalent to VAT is added to the buyer’s premium under the Auctioneer’s Margin Scheme and cannot be reclaimed as input VAT, even on export outside EU. Additional VAT charges may apply and are marked, by lot, in our catalogue with the following symbols:

a. (*) indicates that VAT is payable by the buyer on the hammer price as well as on the buyer's premium. VAT will be charged at the standard UK rate (presently 20%) and may be reclaimed on export outside of the EU. Please note that there are time restrictions on eligibility for such reclaims. 

b. (**) indicates that the lot has been imported from outside the European Union and a reduced rate of Import VAT (presently 5%) is payable by the buyer on the hammer price and the normal rate of VAT (presently 20%) on the buyer’s premium. Import VAT may be reclaimed on export outside the EU.

c. VAT is not payable on the buyers’ premium for certain goods, such as qualifying books.

 

6. Inspection of goods by the buyer You will have ample opportunity to inspect the goods and must do so for any lots that you might wish to bid for. Please note carefully the exclusion of liability for the condition of lots set out in Clause 11 of our Terms of Sale.

 

7. Export of goods If you intend to export goods you must find out in advance of the sale whether an export license is needed or if there is a prohibition on exporting goods of that character e.g. because the goods contain prohibited materials such as ivory.

 

8. Bidding Bidders will be required to register with us before bidding. Purchases will be invoiced to the buyer’s registered name and address only. When first registering for an account with us you will need to provide us with proof of your identity in a form acceptable to us.

 

9. Commission bidding You may leave commission bids with us indicating the maximum amount (excluding the buyer’s premium and/or any applicable VAT, fees or other taxes) you authorise us to bid on your behalf for a lot. We will execute commission bids at the lowest price possible having regard only to the vendor reserve and competing bids. We recommend that you submit commission bids using your account on our website.

 

10. Live online bidding When using our BidFORUM platform to participate in the auction through your account on our website there will be no additional charges payable. If you are using a third party live bidding platform then additional fees of up to 5% are applicable.  We will invoice these to you as an additional service and any applicable VAT will be separated out.

 

11. Methods of Payment We accept payments in UK Sterling securely over our website and accept and all major debit and credit cards (except Amex) issued by a UK or EU bank, charging an additional 2.5% for credit cards only. We also accept bank transfers (details below), cash payments up to €15,000, and cheques if issued by UK banks only. All funds need to have cleared into our account before items are collected. For bank transfers, please quote the Invoice Number as the payee reference.

 

12. Collection and storage Please note what the Terms of Sale say about collection and storage. It is important that you pay for and collect your goods promptly. Any delay may result in you having to pay storage charges of at least £1.50 per Lot per day as set out in Clause 7 of our Terms of Sale.

 

13. Loss and Damage to Goods We are not authorised by the FCA to provide insurance services. Liability for a lot passes to the buyer on the fall of the hammer or conclusion of an online auction (as applicable). In the event that you wish for us to continue to accept liability for your purchased lots this must be agreed with us in writing in advance of the sale and any agreed charges are payable before collection of the goods.

 

14. Other symbols within the catalogue

a. (∑) denotes a lot in which we have a financial interest.

b. (δ) denotes a lot where Artist’s Resale Right or Droit de Suite royalty charges may be applicable. Presently these charges are levied on a sliding scale at 4% of the hammer price up to Euro 50,000; 2% from Euro 50,001 to 200,000; 1% from Euro 200,001 to 350,000; 0.5% from Euro 350,001 to 500,000; and 0.25% above Euro 500,000 subject always to a maximum royalty charge of Euro 12,500.  We will collect and pay royalty charges on your behalf and calculate the £ sterling equivalent of the Euro amount.  

 

15. Shipping We can help you arrange packing and shipping of your purchases by arrangement with our shipping department.  Please contact shipping@forumauctions.co.uk for a list of shippers we regularly use together with indicative pricing for packing and shipping

 

Summary of additional symbols in the catalogue:

 

*       VAT at 20% is payable on the hammer price

**     Import duty at 5% is applicable to the hammer price

δ       Artists Resale Right or Droit de Suite royalties may be payable

ARR  [Website only] Artists Resale Right or Droit de Suite

∑       We have a financial interest in the lot

 

Our bank details for electronic transfers are: 

 

HSBC, 16 King St, London WC2E 8JF

Account Name: Forum Auctions Limited

Account Number: 12213079

Sort Code: 40-04-09

IBAN: GB07MIDL40040912213079

BIC: MIDLGB2106D

 

TERMS OF SALE

 

Both the sale of goods at our auctions and your relationship with us are governed by the Terms of Consignment (primarily applicable to sellers) the Terms of Sale (primarily applicable to bidders and buyers) and any notices displayed in the saleroom or announced by us at the auction (collectively, the “Conditions of Business”). The Terms of Consignment and Terms of Sale are available at our saleroom on request.

 

Please read these Terms of Sale carefully. Please note that if you register to bid and/or bid at auction this signifies that you agree to and will comply with these Terms of Sale. If registering to buy over a Bidding Platform you will be asked, at every auction, to confirm your agreement to these terms before you are able to place a bid.

 

Definitions and interpretation

 

To make these Terms of Sale easier to read, we have given the following words a specific meaning:

 

“Auctioneer” means Forum Auctions Ltd, a company registered in England and Wales with registration number 10048705 and whose registered office is located at 8 The Chase, London SW4 0NH or its authorised auctioneer, as appropriate;

 

“Bidder” means a person participating in bidding at the auction;

 

“Bidding Platform” means the bidding platform on which an auction is held operated by the Auctioneer, or by a third party service provider on the Auctioneer’s behalf;

 

“Buyer” means the person who makes the highest bid for a Lot accepted by the Auctioneer;

 

“Deliberate Forgery” means: 

(a) an imitation made with the intention of deceiving as to authorship, origin, date, age, period, culture or source;

(b) which is described in the catalogue as being the work of a particular creator without qualification; and
(c) which at the date of the auction had a value materially less than it would have had if it had been as described;

 

“Exclusively Online Auction” means only an auction held exclusively over the Website or Bidding Platform and where we have not made the Goods available for viewing or inspection.  NB this does not apply for any auctions, howsoever held, where we have made the Goods available for inspection;

 

“Hammer Price” means the level of the highest bid accepted by the Auctioneer for a Lot by the fall of the hammer;

 

“Lot(s)” means the goods that we offer for sale at our auctions;

 

“Premium” means the fee that we will charge you on your purchase of a Lot to be calculated as set out in Clause 3;

 

“Reserve” means the minimum hammer price at which a Lot may be sold;

 

“Sale Proceeds” means the net amount due to the Seller;

 

“Seller” means the persons who consign Lots   for   sale at our auctions;

 

“Terms of Consignment” means the terms on which we agree to offer Lots for sale in our auctions as agent on behalf of Sellers;

 

“Terms of Sale” means these terms of sale, as amended or updated from time to time;

 

“Total Amount Due” means the Hammer Price for a Lot, the Premium, any applicable artist’s resale right royalty, any VAT or import duties due and any additional charges payable by a defaulting buyer under these Terms of Sale;

 

“Trader” means a Seller who is acting for purposes relating to that Seller’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;

 

“VAT” means Value Added Tax or any equivalent sales tax; and

 

“Website” means our website available www.forumauctions.co.uk.

 

In these Terms of Sale, the words 'you', 'yours', etc. refer to you as the Buyer. The words “we”, “us”, etc. refer to the Auctioneer. Any reference to a ‘Clause’ is to a clause of these Terms of Sale unless stated otherwise.

 

1 Information that we are required to give to Consumers

 

1.1 A description of the main characteristics of each Lot as contained in the auction catalogue.

1.2 Our name, address and contact details as set out herein, in our auction catalogues and/or on our Website.

1.3 The price of the Goods and arrangements for payment as described in Clauses 3, 4 and 6.

1.4 The arrangements for collection of the Goods as set out in Clauses 6 and 7.

1.5 Your right to return a Lot and receive a refund if the Lot is a Deliberate Forgery as set out in Clause 12.

1.6 We and Trader Sellers have a legal duty to supply any Lots to you in accordance with these Terms of Sale.

1.7 If you have any complaints, please send them to us directly at the address set out on our Website.

 

2 Bidding procedures and the Buyer

 

2.1 You must register your details with us before bidding and provide us with any requested proof of identity and billing information, in a form acceptable to us.

2.2 We strongly recommend that you either attend the auction in person or inspect the Lots prior to bidding at the auction. You are responsible for your decision to bid for a particular Lot. If you

bid on a Lot, including by telephone and online bidding, or by placing a commission bid, we assume that you have carefully inspected the Lot and satisfied yourself regarding its condition.

2.3 If you instruct us in writing, we may execute commission bids on your behalf. Neither we nor our employees or agents will be responsible for any failure to execute your commission bid.

Where two or more commission bids at the same level are recorded we have the right, at our sole discretion, to prefer one over others.

2.4 The Bidder placing the highest bid accepted by the Auctioneer for a Lot will be the Buyer at the Hammer Price. Any dispute about a bid will be settled at our sole discretion. We may reoffer

the Lot during the auction or may settle any dispute in another way. We will act reasonably when deciding how to settle the dispute.

2.5 Bidders will be deemed to act as principals, even if the Bidder is acting as an agent for a third party.

2.6 We may bid on Lots on behalf of the Seller up to one bidding increment (as set at our sole discretion) below the Reserve.

2.7 We may at our sole discretion refuse to accept any bid.

2.8 Bidding increments will be set at our sole discretion.

 

3 The purchase price

 

As Buyer, you will pay:

a. the Hammer Price;

b. a premium of 25% of the Hammer Price up to a Hammer Price of £100,000; plus 20% of the Hammer Price from £100,001 to £1,000,000; plus 12% of the Hammer Price exceeding £1,000,000;

c. any import or other duties applicable to the Lot;

d. any artist’s resale right royalty payable on the sale of the Lot; and

 

4 VAT and other duties

 

4.1 You shall be liable for the payment of any VAT and other duties applicable on the Hammer Price and premium due for a Lot. Please see the symbols used in the auction catalogue for that

Lot and the “Information for Buyers” in our auction catalogue for further information.

4.2 We will charge VAT and other duties at the current rate at the date of the auction.

 

5 The contract between you and the Seller

 

5.1 The contract for the purchase of the Lot between you and the Seller will be formed when the hammer falls accepting the highest bid for the Lot at the auction.

5.2 You may directly enforce any terms in the Terms of Consignment against a Seller to the extent that you suffer damages and/or loss as a result of the Seller’s breach of the Terms of

Consignment.

5.3 If you breach these Terms of Sale, you may be responsible for damages and/or losses suffered by a Seller or us. If we are contacted by a Seller who wishes to bring a claim against you, we

may at our discretion provide the Seller with information or assistance in relation to that claim.

5.4 We normally act as an agent only and will not have any responsibility for default by you or the Seller (unless we are the Seller of the Lot).

5.5 For Exclusively Online Auction only, Clauses 16 and 17 may apply

 

6 Payment

 

6.1 Immediately following your successful bid on a Lot you will:

6.1.1 give to us, if not already provided to our satisfaction, proof of identity in a form acceptable to us (and any other information that we require in order to comply with our anti-money

laundering obligations); and

6.1.2 pay to us the Total Amount Due in any way that we agree to accept payment or in cash (for which there is an aggregate upper limit of 15,000 euros for all purchases made in any

auction).

6.2 If you owe us any money, we may use any payment made by you to repay prior debts before applying such monies towards your purchase of the Lot(s).

 

7 Title and collection of purchases

 

7.1 Once you have paid us in full the Total Amount Due for any Lot, ownership of that Lot will transfer to you. You may not claim or collect a Lot until you have paid for it.

7.2 You will (at your own expense) collect any Lots that you have purchased and paid for not later than 10 business days following the day of the auction; or

7.3 If you do not collect the Lot within this time period, you will be responsible for any reasonable removal, storage and insurance charges in relation to that Lot amounting to at least £1.50 per

Lot per day.

 

7.4 Risk of loss or damage to the Lot will pass to you at the fall of the Hammer or when you have otherwise purchased the Lot.

7.5 If you do not collect the Lot that you have paid for within forty-five days after the auction, we may sell the Lot. We will pay the proceeds of any such sale to you, but will deduct any storage charges or other sums that we have incurred in the storage and sale of the Lot. We reserve the right to charge you a selling commission at our standard rates on any such resale of the Lot.

 

8 Remedies for non-payment or failure to collect purchases

 

8.1 Please do not bid on a Lot if you do not intend to buy it. If your bid is successful, these Terms of Sale will apply to you. This means that you will have to carry out your obligations set out in these Terms of Sale. If you do not comply with these Terms of Sale, we may (acting on behalf of the Seller and ourselves) pursue one or more of the following measures:

8.1.1 take action against you for damages for breach of contract;

8.1.2 reverse the sale of the Lot to you and/or any other Lots sold by us to you;

8.1.3 resell the Lot by auction or private treaty (in which case you will have to pay any difference between the Total Amount Due for the Lot and the price we sell it for as well as the

charges outlined in Clause 7.5). Please note that if we sell the Lot for a higher amount than your winning bid, the extra money will belong to the Seller;

8.1.4 remove, store and insure the Lot at your expense;

8.1.5 if you do not pay us within 10 business days of your successful bid, we may charge interest at a rate not exceeding 1.5% per month on the Total Amount Due;

8.1.6 keep that Lot or any other Lot sold to you until you pay the Total Amount Due;

8.1.7 reject or ignore bids from you or your agent at future auctions or impose conditions before we accept bids from you; and/or

8.1.8 if we sell any Lots for you, use the money made on these Lots to repay any amount you owe us.

8.2 We will act reasonably when exercising our rights under Clause 8.1. We will contact you before exercising these rights and try to work with you to correct any non- compliance by you with these Terms of Sale.

 

9 Health and safety

 

Although we take reasonable precautions regarding health and safety, you are on our premises at your own risk. Please note the lay-out of the premises and security arrangements. Neither we nor our employees or agents are responsible for the safety of you or your property when you visit our premises, unless you suffer any injury to your person or damage to your property as a result of our, our employees’ or our agents’ negligence.

 

10 Warranties

 

10.1 The Seller warrants to us and to you that:

10.1.1 the Seller is the true owner of the Lot for sale or is authorised by the true owner to offer and sell the lot at auction;

10.1.2 the Seller is able to transfer good and marketable title to the Lot, subject to any restrictions set out in the Lot description, to you free from any third party rights or claims; and

10.1.3 as far as the Seller is aware, the main characteristics of the Lot set out in the auction catalogue (as amended by any notice displayed in the saleroom or announced by the

Auctioneer at the auction) are correct. For the avoidance of doubt, you are solely responsible for satisfying yourself as to the condition of the Lot in all respects.

10.2 If, after you have placed a successful bid and paid for a Lot, any of the warranties above are found not to be true, please notify us in writing. Neither we nor the Seller will be liable, under

any circumstances, to pay you any sums over and above the Total Amount Due and we will not be responsible for any inaccuracies in the information provided by the Seller except as set out

below.

10.3 Please note that many of the Lots that you may bid on at our auction are second- hand.

10.4 If in an Exclusively Online Auction a Lot is not second-hand and you purchase the Lot as a Consumer from a Seller that is a Trader, a number of additional terms may be implied by law in

addition to the Seller’s warranties set out at Clause 8.1 (in particular under the Consumer Rights Act 2015). These Terms of Sale do not seek to exclude your rights under law as they relate to

the sale of these Lots.

10.5 Save as expressly set out above, all other warranties, conditions or other terms which might have effect between the Seller and you, or us and you, or be implied or incorporated by statue,

common law or otherwise are excluded.

 

11 Descriptions and condition

 

11.1 Our descriptions of the Lot will be based on: (a) information provided to us by the Seller of the Lot (for which we are not liable); and (b) our opinion (although we do not warrant that we have

carried out a detailed inspection of each Lot).

11.2 We will give you a number of opportunities to view and inspect the Lots before the auction. You (and any consultants acting on your behalf) must satisfy yourself about the accuracy of any

description of a Lot. We shall not be responsible for any failure by you or your consultants to properly inspect a Lot.

11.3 Representations or statements by us as to authorship, genuineness, origin, date, age, provenance, condition or estimated selling price involve matters of opinion. We undertake that any

such opinion will be honestly and reasonably held, subject always to the limitations in 12.1, and accept liability for opinions given negligently or fraudulently.

11.4 Please note that Lots (in particular second-hand Lots) are unlikely to be in perfect condition. 

11.4.1 Lots are sold “as is” (i.e. as you see them at the time of the auction). Neither we nor the Seller accept any liability for the condition of second-hand Lots or for any condition issues

affecting a Lot if such issues are included in the description of a Lot in the auction catalogue (or in any saleroom notice) and/ or which the inspection of a Lot by the Buyer ought to have

revealed.

13.4.2 In the case of Exclusively Online Auctions the provisions of Clauses 16 and 17 may apply

 

12 Deliberate Forgeries

 

12.1 You may return any Lot which is found to be a Deliberate Forgery to us within twelve months of the auction provided that you return the Lot to us in the same condition as when it was released to you, accompanied by a written statement identifying the Lot from the relevant catalogue description and a written statement of defects prepared by an accredited expert.

12.2 If we are reasonably satisfied that the Lot is a Deliberate Forgery, we will refund the money paid by you for the Lot (including any Premium and applicable VAT) provided that if:

12.2.1 the catalogue description reflected the accepted view of experts as at the date of the auction; or

12.2.2 you personally are not able to transfer good and marketable title in the Lot to us,

you will have no right to a refund under this Clause 12.

12.3 If you have sold the Lot to another person, we will only be liable to refund the Total Amount Due for the Lot. We will not be responsible for repaying any additional money you may have made from selling the Lot or any other costs you have incurred in relation to the Lot save for those Lots purchased in exclusively online auctions from a Trader.

12.4 Your right to return a Lot that is a Deliberate Forgery does not affect your legal rights and is in addition to any other right or remedy provided by law or by these Terms of Sale.

 

13 Our liability to you

 

13.1 We will not be liable for any loss of opportunity or disappointment suffered as a result of participating in our auction.

13.2 In addition to the above, neither we nor the Seller shall be responsible to you and you shall not be responsible to the Seller or us for any other loss or damage that any of us suffer that is not

a foreseeable result of any of us not complying with the Conditions of Business. Loss or damage is foreseeable if it is obvious that it will happen or if at the time of the sale of the Lot, all of we,

you and the Seller knew it might happen.

13.3 Subject to Clause 12.4, if we are found to be liable to you for any reason (including, amongst others, if we are found to be negligent, in breach of contract or to have made a

misrepresentation), our liability will be limited to the Total Amount Due as paid by you to us for any Lot.

13.4 Notwithstanding the above, nothing in these Terms of Sale shall limit our liability (or that of our employees or agents) for:

13.4.1 death or personal injury resulting from negligence (as defined in the Unfair Contract Terms Act 1977);

13.4.2 fraudulent misrepresentation; or

13.4.3 any liability which cannot be excluded by law.

 

14 Notices

 

14.1 All notices between you and us regarding these Terms of Sale must be in writing and signed by or on behalf of the party giving it.

14.2 Any notice referred in Clause 14.1 may be given:

14.2.1 by delivering it by hand;

14.2.2 by first class pre-paid post or Recorded Delivery; or

14.2.3 by email, provided that a copy is also sent by pre-paid post or Recorded Delivery.

14.3 Notices must be sent:

14.3.1 by hand or registered post:

a. to us, at our address set out in these Terms of Sale or at our registered office address appearing on our Website; and

b. to you, at the last postal address that you have given to us as your contact address in writing; or

14.3.2 by email:

a. to us, at the following email addresses:

p.walker@forumauctions.co.uk; office@forumauctions.co.uk

b. to you, by sending the notice to any email address that you have given to us as your contact email address in writing.

14.4 Notices will be deemed to have been received:

14.4.1 if delivered by hand, on the day of delivery;

14.4.2 if sent by first class pre-paid post or Recorded Delivery, two business days after posting, exclusive of the day of posting; or

14.4.3 if sent by email, at the time of transmission unless sent after 17.00 in the place of receipt in which case they will be deemed to have been received on the next business day in the

place of receipt (provided that a copy has also been sent by pre-paid post or Recorded Delivery).

14.5 Any notice or communication given under these Terms of Sale will not be validly given if sent by fax, email (unless also delivered Recorded Delivery), any form of messaging via social media or text message.

 

15 Data Protection

 

We will hold and process any personal data in relation to you in accordance with the principles underlying the Data Protection Act.  Our registration number with the Information Commissioner is ZA178875. 

 

16 Conditional Right to cancel following an Exclusively Online Auction only

 

16.1 If you are contracting as a Consumer and the Seller of a Lot is a Trader, you will have a statutory right to cancel your purchase of that Lot if you change your mind for any reason. The

provisions below set out your legal right to cancel. Further advice about your legal right to cancel your purchase is available from your local Citizens Advice Bureau or Trading Standards office.

16.2 You may cancel your purchase at any time from the date of the Order Confirmation up to the end of the fourteenth day after the day of collection of the Lot by you or the person specified by

you for collection (e.g. if you receive an Order Confirmation on 1 January and you collect a Lot on 10 January, you may cancel at any time between 1 January and the end of the day on 24

January).

16.3 To cancel your purchase, you must inform us of your intention to cancel it. The easiest way to do so is to complete the model cancellation form attached to your Order Confirmation. If you

use this method, we will email you to confirm that we have received your cancellation. Alternatively, you can email us at  office@forumauctions.co.uk.  If you send us your cancellation notice by

email or by post, then your cancellation is effective from the date you send us the email or post the letter to us.

16.4 If you exercise your right to cancel your purchase, you will receive a refund of the Total Amount Due paid for the Lot in accordance with Clause 17. When exercising the cancellation right,

you must return the Lots to us immediately at your own cost (as set out below).

16.5 Following purchasing of Lots, you are entitled to a reasonable opportunity to inspect the Lots (which will include removing them from their packaging and inspecting them). At all times, you

must take reasonable care of the Lots and must not let them out of your possession. If you are in breach of your obligations to take reasonable care of the Lots, we will have a claim against you

and may deduct from the refund costs incurred by us as a result of the breach.

16.6 Details of this statutory right, and an explanation of how to exercise it, are also provided in the Order Confirmation. This provision does not affect your statutory rights.

16.7 The cancellation right described in this Clause is in addition to any other right that you might have to reject a Lot, for instance because it is a Deliberate Forgery as set out in Clause 12.

 

17 Exercising the right to cancel following an Exclusively Online Auction only

 

17.1 Where you have validly returned a Lot to us under your right of cancellation described in Clause 16, we will refund the full amount paid by you for the Lot.

17.2 Please note that we are permitted by law to reduce your refund to reflect any reduction in the value of the Lot, if this has been caused by your handling of the Lot in a way contrary to the conditions specified in these terms or which would not be permitted during a pre-sale exhibition held prior to an auction. If we refund you the price paid before we are able to inspect the Lot and later discover you have handled the Lot in an unacceptable way, you must pay us an appropriate amount.

17.3 You will be responsible for returning the Lot to us at your own cost.

17.4 We will process any refund due to you within the deadlines below:

17.4.1 if you have collected the Lot but have not returned it to us: fourteen days after the day on which we receive the Lot back from you or, if earlier, the day on which you provide us with

evidence that you have sent the Lot back to us; or

17.4.2 if you have not collected the Lot or you have already returned the Lot to us: fourteen days after you inform us of your decision to cancel the Contract.

17.5 We will refund you using the same means of payment that you used for the transaction.

17.6 Legal ownership of a Lot will immediately revert to the Seller if we refund any such payment to you.

17.7 For further information on how to return Lots to us, please get in touch with us using the contact details provided on our Website.

 

18 General

 

18.1 We may at our sole discretion, though acting reasonably, refuse admission to our premises or attendance at our auctions by any person.

18.2 We act as an agent for our Sellers. The rights we have to claim against you for breach of these Terms of Sale may be used by either us, our employees or agents, or the Seller, its

employees or agents, as appropriate. Other than as set out in this Clause, these Terms of Sale are between you and us and no other person will have any rights to enforce any of these Terms of

Sale.

18.3 We may use special terms in the catalogue descriptions of particular Lots. You must read these terms carefully along with any glossary provided in our auction catalogues.

18.4 Each of the clauses of these Terms of Sale operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and

effect.

18.5 We may change these Terms of Sale from time to time, without notice to you. Please read these Terms of Sale for every sale in which you intend to bid carefully, as they may be different

from the last time you read them.

18.6 Except as otherwise stated in these Terms of Sale, each of our rights and remedies are: (a) are  in  addition  to and not exclusive of  any other rights or remedies  under these Terms of Sale

or general law; and (b) may be waived only in writing and specifically. Delay in exercising or non-exercise of any right under these Terms of Sale is not a waiver of that or any other right. Partial

exercise of any right under these Terms of Sale will not preclude any further or other exercise of that right or any other right under these Terms of Sale. Waiver of a breach of any term of these

Terms of Sale will not operate as a waiver of breach of any other term or any subsequent breach of that term.

18.7 These Terms of Sale and any dispute or claim arising out of or in connection with them (including any non-contractual claims or disputes) shall be governed by and construed in accordance

with the laws of England and the parties irrevocably submit to the exclusive jurisdiction of the English courts.

 

 

 

TERMS OF CONSIGNMENT

 

Both the sale of goods at our auctions and your relationship with us are governed by the Terms of Consignment (primarily applicable to sellers), the Terms of Sale (primarily applicable to bidders and buyers) and any notices displayed in the saleroom, in the listing of the lot in our online auction catalogue or announced by us at the time of the auction (collectively, the “Terms and Conditions of Business”). The Terms of Consignment and Terms of Sale are available at our saleroom on request and on our website.

 

Please read these Terms of Consignment carefully. Please note that if you (or another person acting on your behalf) provide goods to us to sell on your behalf at our auction, this signifies that you agree to and will comply with these Terms of Consignment.

 

Definitions and interpretation

 

To make these Terms of Consignment easier to read, we have given the following words a specific meaning:

 

“Auctioneer” means Forum Auctions Ltd, a company registered in England and Wales with registration number 10048705 and whose registered office is located at 8 The Chase, London SW4 0NH or its authorised auctioneer, as appropriate;

 

“Bidder” means a person participating in bidding at the auction;

 

“Bidding Platform” means the bidding platform on which an auction is held operated by the Auctioneer, or by a third party service provider on the Auctioneer’s behalf;

 

“Buyer” means the person who makes the highest bid for a Lot accepted by the Auctioneer;

 

“Commission” means:

a. the commission that we charge you on the sale of the Goods as set out in Clause 4 below; and

b. any additional charges, fees, duties or taxes 

 

“Consumer” means an individual acting  for  purposes  which   are wholly or mainly outside that individual’s trade, business, craft or profession;

 

“Consumer Contracts Regulations” means the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;

 

“Deliberate Forgery” means: 

(a) an imitation made with the intention of deceiving as to authorship, origin, date, age, period, culture or source;

(b) which is described in the catalogue as being the work of a particular creator without qualification; and
(c) which at the date of the auction had a value materially less than it would have had if it had been as described;

 

“Exclusively Online Auction” means only an auction held exclusively over the Website or Bidding Platform and where we have not made the Goods available for viewing or inspection.  NB this does not apply for any auctions, howsoever held, where we have made the Goods available for inspection;

 

“FCA” means the Financial Conduct Authority

 

“Good(s)” means the goods that you consign to us for sale at our auction;

 

“Hammer Price” means the level of the highest bid accepted by the Auctioneer for a Lot by the fall of the hammer;

 

“Listing” means a listing of Goods for sale;

 

“Online Listing” means a listing of Goods for sale on the Website or any Bidding Platform;

 

“Order Confirmation” means the email confirmation that we send to you to confirm that we have accepted your bid to purchase a Lot;

 

“Pledge” Any security or charge over the Goods in favour of ourselves or any third party;

 

“Price” means the total of the Hammer Price, Premium and any applicable VAT;

 

“Proceeds” means the net amount due to the Seller;

 

“Reserve” means the minimum hammer price at which a Lot may be sold;

 

“Seller” means the persons who consign Lots   for   sale at our auctions;

 

“Terms of Consignment” means the terms on which we agree to offer Lots for sale in our auctions as agent on behalf of Sellers;

 

“Terms of Sale” means these terms of sale, as amended or updated from time to time;

 

“Trader” means a Seller who is acting for purposes relating to that Seller’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;

 

“VAT” means Value Added Tax or any equivalent sales tax; and

 

“Website” means our website available www.forumauctions.co.uk.

 

In these Terms of Consignment the words “you”, “yours”, etc. refer to the Seller. The words “we”, “us”, etc. refer to the Auctioneer. If the consignment of Goods to us is made by an agent we assume that you (as owner of the Goods) have authorised the consignment and authorised the agent to contract on your behalf. All obligations that apply to the Seller under these Terms of Consignment shall apply to the owner of the Goods and their agent, jointly and separately. Any reference to a ‘Clause’ is to a clause of these Terms of Consignment unless stated otherwise.

 

1. Information that we are required to give you

a. A description of the main characteristics of the auction-related services that we are providing to you as set out in these Terms of Consignment or otherwise agreed with you in writing.

b. Our name, address and contact details as set out in these Terms of Consignment and/or on our Website.

c. The rate at which we will charge you the Commission plus any applicable VAT on the sale of the Goods as set out in Clause 4.

d. The fee that we will charge you, including any additional charges to include but not limited to illustrations, loss and damage waiver, minimum lot fees, plus any applicable VAT as set out in

Clauses 17 and 18 if either the Goods are unsold at auction or the Goods are withdrawn by you from the auction after the Goods have been catalogued and/or marketed by us prior to the

auction in any way.

e. The arrangements for collection of any unsold Goods as set out in Clause 19 and terms regarding payment of any Proceeds due to you.

f. Any fees or commissions that are due to be paid by us to any agent or other third party, including the identity of that third party, in respect of the consignment for sale of the Goods.

g. If you have any complaints, please get in contact with us using the contact details set out on our website.

 

2. Procedure for consigning Goods for sale at auction

a. If you consign Goods to us for sale at auction, you will need to provide us with the following information about you, in a form acceptable to us:

i. Your legal name and proof of identity (in a form acceptable to us at our sole discretion);

ii. Information about the Goods (as set out in Clauses 11 and 12);

iii.Your bank account details;

iv.Your address and contact details;

v. Your VAT registration number (if applicable); and

vi.Your confirmation of whether you are selling the Goods as a Trader or as a Consumer;

vii.You must advise us if the Goods are Pledged or otherwise being sold for the benefit of any third party

b. If you do not provide us with, or we are not satisfied with any of the above information, we may refuse to accept consignment of your Goods for sale in our auction.

c. You must provide the Goods to us by any stated deadline (at your expense). We may be able to assist you with this process but any liability incurred to a carrier for haulage charges is

solely your responsibility.

 

If any information provided by you changes it is your sole responsibility to inform us promptly.

 

3. The contract between you and the Buyer

a. The contract between you and the Buyer will be formed: 

i. when the hammer falls accepting the highest bid the auctioneer has accepted for the Goods at the auction except in the case of Exclusively Online Auctions;

ii. For Exclusively Online Auctions we will confirm acceptance of a successful bid for the Goods to the Buyer by sending the Buyer an order confirmation by e-mail (the “Order

Confirmation”). The contract between you and the Buyer will be formed when we send the Buyer the Order Confirmation.

b. You may directly enforce any terms in the Terms of Sale against a Buyer and/or a Bidder to the extent that you have suffered damages and/or loss as a result of the Buyer and/or the

Bidder’s breach of the Terms of Sale.

c. If you breach these Terms of Consignment, you may be responsible for damages and/or losses suffered by a Buyer, Bidder and/ or by us. If we are contacted by a Buyer and/or a Bidder

who wishes to bring a claim against you, we may in our discretion provide the Buyer and/or Bidder with information or assistance in relation to that claim.

d. We normally act as an agent only and will not have any responsibility for default by you or the Buyer.

 

4. Commission and Other Charges

We will charge you a commission on the sale of the Goods calculated as a percentage of the Hammer Price at the rates agreed at the time of consignment.

 

We may apply additional charges, agreed with you at the time of consignment, for photography, loss and damage waiver, advertising and other services.

 

We will apply a minimum charge per lot of £15 per lot in respect of all the services we have provided whether the Goods are sold or unsold.

 

All our charges are detailed on our consignment forms and subject to VAT at the prevailing rate.

 

5. Loss and Damage to Goods

a. We are not authorised by the FCA to provide insurance to you. However, subject only to Clauses 5.d and 5.e, we accept liability for Goods from the time we take possession of the Goods

until title passes to the buyer.

b. Our liability for Goods is limited to the lower of 

i. our lower pre-sale estimate for the lot before the sale; or

ii. the hammer price; or 

iii. the Reserve if the lot is unsold.

c. To justify accepting liability for Goods as set out above, we will charge you 1.5% of the Hammer Price plus VAT or, if unsold, 1.5% of the Reserve for the lot. In all cases subject to a

minimum charge of £1.50 per lot.

d. The liability accepted by us in Clause 5.a does not include any liability for loss or damage to the Goods that is caused by or results from: (i) any inherent vice or defect affecting the

Goods; (ii) acts of God, flood, drought, earthquake or other natural disaster; (iii) acts of terrorism, civil commotion, riots or war; or (iv) nuclear, chemical or biological contamination.

e. If you (or your agent) instruct us in writing not to assume liability for Goods, and we have acknowledged such instruction prior to taking possession of the Goods, then the Goods remain

entirely at your risk unless and until the Goods pass to the Buyer or are collected by you or on your behalf. In this case Clauses 5.a - 5.d will not apply.

 

6. Photographs

You will, unless otherwise agreed at the time of consignment, pay for the cost of any photographs of your Goods produced for the auction catalogue. We reserve the right to photograph all Goods. The copyright in such photographs will be owned by us, along with the text of the auction catalogue.  Our charges for photography will vary depending on the number of images we take and nature of the Goods, but always subject to minimum charge per auction lot of the Goods  

 

7. Minimum bids and our discretion

Goods will normally be offered subject to a Reserve agreed between you and us before the auction in accordance with Clause 8. We may sell Goods below the Reserve provided that we account to you for the same sale proceeds as you would have received had the Reserve been the Hammer Price. If you specifically give us a “discretion” we may accept a bid of up to 20% below the formal Reserve.

 

8. Reserves

a. Reserves must be reasonable and may not exceed our lower pre-sale estimate for that lot. We may decline to offer Goods which, in our opinion, would be subject to an unreasonably high

reserve (in which case the Goods carry the storage and insurance charges set out in these Terms of Consignment).

b. Once we have agreed a Reserve, this cannot be changed except with your and our consent. In the event that you withdraw Goods following our refusal to change a Reserve the fees and

charges outlined in Clause 17 will apply.

c. Where a Reserve has been agreed only we may bid on your behalf and only up to one bidding increment (which is set at our sole discretion) below the Reserve and you may in no

circumstances bid personally or ask anyone else to bid on your behalf.

 

9. Electrical items

a. You must test any electrical items that you wish to consign to us for sale using external contractors. We will not accept any Goods that are not certified as safe by an electrician (unless

they are antiques).

b. If we notify you that we will not accept uncertified electrical Goods, you must remove such Goods promptly at your expense following such notification. If you do not collect the Goods

within seven days of our written notice to do so, we may dispose of the Goods at your expense.

 

10. Unsafe Goods

If in our opinion any of your Goods, in particular those which are soft furnishings, infringe safety regulations, we will not offer these Goods for sale. You must remove such Goods at your expense. If you do not collect such Goods within seven days of our written notice to do so, we may dispose of the Goods at your expense.

 

11. Warranties and information about the Goods

a. You must provide us with all information that you have relating to the provenance, export/import history, condition, attribution and authenticity of the Goods (and any additional information

that may be relevant).

b. In addition to any warranties implied by law, you warrant to us and the Buyer that:

i. any information that you provide in relation to the Goods is complete, correct and up-to-date;

ii. the Goods will match any description of the Goods that you provide to us;

iii.as far as you are aware, the main characteristics of the Goods set out in the auction catalogue and Online Listing (as amended by any notice displayed in the saleroom, on the

Website or announced by us at the auction) are correct;

iv.to the best of your knowledge, the Goods have been lawfully imported and lawfully and permanently exported as required by the laws of any country in which the Goods were

located; required declarations upon the export and import of the Goods have been properly made; and any duties and taxes on the export and import of the Goods have been paid;

and

v. you will pay all taxes and duties potentially due on the sale of the Goods.

c. You must let us know promptly, and in any event before the auction, if you find out that any of the information you have provided to us relating to the Goods is incorrect or incomplete

and/or if the Goods do not match the description that you provided to us or the main characteristics of the Goods set out in the auction catalogue.

d. Any information that you provide in relation to the Goods may form part of  the contract between both of us and the Buyer and you acknowledge that the Buyer may have a statutory right

to reject the Goods if the information provided is incorrect.

e. If we have to refund the price of any Goods to the Buyer due to the Goods being a Deliberate Forgery, you must promptly, and in any event within seven days, reimburse to us any

Proceeds that we have transferred to you for those Goods following receipt of our written notice requesting you to do so.

 

12. Transfer of ownership of the Goods

You warrant and undertake to us and the Buyer that you are the true owner of the Goods (or are properly authorised by the true owner to sell the Goods on the owner’s behalf) and you currently have and will have the right to sell the Goods to the Buyer with good and marketable title free of any third party rights or claims at the time when ownership of the Goods is to be transferred. It is your sole obligation to inform us should this change either prior to or following the auction.

 

In the event that the Goods or the Proceeds from the sale of the Goods are Pledged to a third party you will advise us of the same and provide written confirmation, acknowledged by us, from the beneficiary of such Pledge that they authorise the sale of the Goods.

 

We take no responsibility for making payment to the beneficiary of such Pledge unless we have received instructions to this effect in writing at the time of consignment and have confirmed the same in writing. 

 

13. Indemnity

You will indemnify and keep us fully indemnified against any and all liability, loss, damage, costs (including reasonable legal fees and any VAT in relation to such fees) and expenses which we may incur or suffer as a result of any breach of Clauses 11 or 12 by you or anyone acting on your behalf, including without limitation, if we are required to refund the price of any Goods to the Buyer as a result of your breach of these clauses.

 

14. Terms of Sale

You agree that the Goods will be sold to the Buyer in accordance with our Terms of Sale, a copy of which will be displayed in the saleroom, on the Website and printed in our auction catalogue.

 

15. Authority to deduct commission and expenses and retain premium and interest

You authorise us to deduct our Commission at the agreed rate and all expenses incurred on your account (plus any applicable VAT) from the Hammer Price. You consent to our right to charge the Buyer and retain beneficially the Premium plus any applicable VAT paid by the Buyer in accordance with our Terms of Sale and any interest earned on the sale proceeds until the date of settlement.

 

In the event of the Goods being Pledged to a third party, as described in Clause 13, you authorise us to retain such amount from the Proceeds of sale.  Under no circumstances shall we be responsible to the beneficiary of a Pledge unless we have received and acknowledged written confirmation of the same.

 

16. Settlement of sale proceeds 

a. Where the auction is not an Exclusively Online Auction

i. Provided that the Buyer has paid for the Goods, we will usually pay the net sum due to you within twenty one days of the last day of the auction.

ii. If the Buyer has not paid for the Goods we will not submit payment to you until seven days after we have received payment. Until we receive cleared funds from the Buyer no

settlement will be made. We will however discuss with you the rights that we may exercise under Clause 8 of our Terms of Sale in relation to a Buyer’s failure to pay. We will not

release the Goods to the Buyer until we have received payment in full of the Price for the Goods and in the event that we do so, it will be at our sole risk and settlement will be

deemed to have occurred on the later of the day we release the Goods or twenty one days after the last day of the auction.

iii.If you have instructed us to pay the sums due to you directly into your bank account, you must notify us in writing of your bank account details change. We will not be responsible

for any payments made to the incorrect bank account if this is because you have not provided us with the correct bank account details.

iv.If we make payments to your bank account in error, we will request reimbursement by sending you an invoice and you will repay such amounts within five days.

b. Where the auction is an Exclusively Online Auction

i. Subject to Clause 16.b.iii and provided that the Buyer has paid for the Goods and we have received cleared funds, we will usually pay the net sum due to you within thirty days of

the last day of the Exclusively Online Auction.

ii. If you are a Trader and the Buyer is a Consumer, the Buyer may have the right to cancel its    purchase of the Goods from the date of the Exclusively Online Auction until the date

that is fourteen days after the day the Buyer (or its agent) took possession of the Goods (the “Cancellation Period”) (e.g. if an auction took place on 1st January and the Goods

were collected by the Buyer on 10th January, the Buyer may notify us that he wishes to cancel the purchase up to the end of 24th January). If the Buyer, having collected the

goods, notifies us during the Cancellation Period that he wishes to cancel his purchase of the Goods, we will promptly notify you in writing (a “Cancellation Notice”).

iii.If you are a Trader and the Buyer is a Consumer and has paid for and collected the Goods, we will pay the net sum due to you on the later of: (a) thirty days after the last day of

the Exclusively Online Auction; and (b) the end of the Cancellation Period, in each case if no Cancellation Notice is received.

iv.If you are a Trader and the Buyer is a Consumer, has paid for the Goods but has not collected them within 30 days of the last day of the Exclusively Online Auction, we will pay

the Proceeds to you as set out in Clause 17.b.ii. and if we subsequently receive a Cancellation Notice from the Buyer, you will promptly, and in any event within seven days,

transfer to us a sum equal to the Proceeds so that we may refund the Buyer. We will not refund the Buyer until the Goods have been returned to us or the Buyer has provided us

with proof of shipping the Goods to us. Please note that failure to transfer this sum to us will be a breach of these Terms of Consignment, for which we may take legal action against

you. Further information regarding a Consumer Buyer’s right to cancel is set out in the Terms of Sale for Online Auctions.

v. If the Buyer has not paid for the Goods, we will not submit payment to you. In this case no settlement will be made. We will however discuss with you the rights that we may

exercise under Clause 10 of our Terms of Sale for Online Auctions in relation to a Buyer’s failure to pay. We will not release the Goods to the Buyer until we have received payment

in full of the Price for the Goods.

vi.We may deduct any sums that you owe to us from the Proceeds.

 

17. Unsold and withdrawn items

a. If the Goods are unsold at auction, you unconditionally authorise us to negotiate a sale by private treaty until the close of business five days following the last day of the auction. In this

case you will pay to us the same commission and charges as if such Goods had been sold at auction and, so far as appropriate, these Terms of Consignment will apply to any such sale.

b. In addition to Clause 17.a, we may, with your consent, re-offer unsold Goods at a future auction but we may recommend a variation in estimates or Reserve. Where, in our opinion, Goods

are unsaleable, we will notify you and you must collect such Goods from the saleroom within seven days of the date of our notice to do so. If you fail to collect such Goods promptly, we may

charge you reasonable storage charges at a daily rate.

c. You will pay us the ‘sold or unsold’ charges agreed at the time of consignment subject always to a minimum of £15 plus VAT per Lot on any Goods that are unsold at the auction and fail

to sell by private treaty as described in Clause 17a.

d. In the event that you withdraw Goods following their consignment you will pay us a charge of:

i. 15% of the Reserve (or our low estimate if there is no Reserve) plus VAT together with any other ‘sold or unsold’ charges on any Goods that are withdrawn from the auction by

you after being researched, catalogued and/or otherwise handled by us up to 28 days prior to the auction but before a catalogue is printed.  This will also apply to Goods that are

withdrawn following your changing of the Reserve without our agreement; or

ii. 25% of the Reserve (or our low estimate if there is no Reserve) plus VAT together with any other ‘sold or unsold’ charges on any Goods that are withdrawn from the auction by

you after a catalogue being printed or 28 days before the auction.  This will also apply to Goods that are withdrawn following your changing of the Reserve without our agreement

 

18. Withdrawal of the Goods by us

We may (acting reasonably) at our discretion at any time withdraw your Goods from our auction:

i. for legal, reputational or operational reasons (including if you fail to provide evidence to verify your identity or your title to the Goods to our satisfaction);

ii. if we reasonably believe that you may be, or are about to be, in breach of these Terms of Consignment; or

iii. if we reasonably believe the Goods to be a Deliberate Forgery.

iv. If it is brought to our attention, subsequent to the time of consignment, that the Goods are Pledged to a third party.

 

In all such events, the charges set out in Clause 17 shall apply

 

19. Warehousing

a. We have no liability for Goods that you deliver to our saleroom without sufficient sale instructions.  We reserve the right to charge you a minimum of £1.50 per lot per day plus any applicable VAT.

b. We will notify you to ask you to remove any of your unsold or withdrawn Goods. Unsold and withdrawn Goods will be subject to the charges set out in Clause 19.a above if you do not remove them within seven days of the date of our notification requesting you to do so from when the charges in 20.a will apply

c. If you do not remove your unsold or withdrawn Goods within thirty days of the date of our notification, we may either: (a) sell such Goods and set off charges from any net proceeds of sale; or (b) at your expense dispose of such Goods.

d. Under all circumstances you will be required to have settled all charges due to us before we will release Goods to you.

 

20. Our liability to you

a. We will not be liable to you for any loss of opportunity or disappointment suffered as a result of consigning Goods with us for auction.

b. In addition, neither we nor the Buyer shall be responsible to you and you shall not be responsible to the Buyer or us for any other loss or damage that any of us suffer that is not a

foreseeable result of any of us not complying with the Conditions of Business. Loss or damage is foreseeable if it is obvious that it will happen or if at the time of the sale of the Lot, we, you

and the Seller knew it might happen.

c. Subject to Clause 20.d, if we are found to be liable to you for any reason (including, amongst others, if we are found to be negligent, in breach of contract or to have made a

misrepresentation), our liability will be limited to the Proceeds due for the Goods if sold or the lower of Reserve and low estimate if unsold.

d. Notwithstanding the above, nothing in these Terms of Consignment limits the liability of us or our employees or agents for:

i. death or personal injury resulting from negligence (as defined in the Unfair Contract Terms Act 1977);

ii. fraudulent misrepresentation; or

iii.any liability which cannot be excluded by law.

e. You acknowledge that our Website and the Bidding Platform are provided for public use, subject to registration. Registration is free of charge and as such we have no responsibility to you

or users of our Website and/or the Bidding Platform for any downtime or errors on our Website or the Bidding Platform.

f. In addition, neither we nor the Buyer shall be responsible to you and you shall not be responsible to the Buyer or us for any other loss or damage that any of us suffer that is not a

foreseeable result of any of us not complying with the Terms and Conditions of Business. Loss or damage is foreseeable if it is obvious that it will happen or if at the time of the sale of the

Lot, we, you and the Seller knew it might happen.

 

21. Notices

a. All notices between you and us regarding these Terms of Consignment must be in writing and signed by or on behalf of the party giving it.

b. Any notice referred in Clause 21.a may be given:

i. by delivering it by hand;

ii. by first class pre-paid post or Recorded Delivery; or

iii.by email

1. if from you to us; addressed to office@forumauctions.co.uk, provided that a copy is also sent by pre-paid post or Recorded Delivery to Head of Operations.

2. If from us to you; addressed to whatever email address provided by you at the time of consignment, provided that a copy is also sent by pre-paid post or Recorded Delivery

to you.

c. Notices will be deemed to have been received:

i. if delivered by hand, on the day of delivery; or

ii. if sent by first class pre-paid post or Recorded Delivery, two business days after posting, exclusive of the day of posting; or

iii.if sent by email, at the time of transmission unless sent after 17.00 in the place of receipt in which case they will be deemed to have been received on the next business day in

the place of receipt (provided that a copy has also been sent by pre-paid post or Recorded Delivery as set out in Clause 21.b.iii.

d. Any notice or communication given under these Terms of Consignment will not be validly given if sent by fax, any form of messaging via social media or text message.

 

22. Data Protection

We will hold and process any personal data in relation to you in accordance with the principles underlying the Data Protection Act.  Our registration number with the Information Commissioner is ZA178875.

 

23. General

a. Each of the clauses of these Terms of Consignment operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full

force and effect.

b. We may change these Terms of Consignment from time to time, without notice to you. Please read these Terms of Consignment carefully, as they may be different from the last time you

read them.

c. Except as otherwise stated in these Terms of Consignment, each of our rights and remedies: (a) are in addition to and not exclusive of any other rights or remedies under these Terms of

Consignment or general law; and (b) may be waived only in writing and specifically. Delay in exercising or non-exercise of any right under these Terms of Consignment is not a waiver of that

or any other right. Partial exercise of any right under these Terms of Consignment will not preclude any further or other exercise of that right or any other right under these Terms of

Consignment. Waiver of a breach of any term of these Terms of Consignment will not operate as a waiver of breach of any other term or any subsequent breach of that term.

d. These Terms of Consignment are between you and us. No person other than you, the Buyer or us will have any rights to enforce any of these Terms of Consignment.

e. These Terms of Consignment and any dispute or claim arising out of or in connection with them (including any non-contractual claims or disputes) shall be governed by and construed in

accordance with the laws of England and the parties irrevocably submit to the exclusive jurisdiction of the English Courts.

 

 
Forum Auctions Ltd.