Terms and Conditions of Business
Terms and Conditions are subject to change without prior notice
Vendors and Purchasers are considered to have had notice of these have agreed acceptance of the same when requesting the entry of goods or purchasing from the sale room
1 The auctioneers will not warrant or guarantee any mechanical (ie motorised) or electrical item under a hammer price of 40€ nor shall they guarantee any other multiple lot or part lot in any way. Items of a mechanical (ie motorised) or electrical nature sold for more than 40€ hammer price (excluding commission) as a single lot item and are not testable in the store are sold with the Sidneys Auctions money back guarantee unless stated otherwise by the auctioneer at the time of the sale. Purchasers are invited to fully inspect items on our designated viewing day before bidding to satisfy themselves that the item on which they are bidding is in a condition acceptable to them as no responsibility will be accepted by the auctioneer for imperfections, scratches or defects noticed after the fall of the hammer. All other lots are sold “as seen” whether complete or incomplete working or otherwise. Any exceptions to this will be stated by the auctioneer at the time of sale. Any statements made by any other persons shall be considered void. All goods are deemed second hand. No liability will be accepted for mis-description errors on our catalogue, it’s the responsibility of the purchaser to inspect goods prior to sale, and bid accordingly. However, we do request that any item known to be non functioning by the vendor must be disclosed at the time of entering it for sale so that it may be sold for spares or repair.
2 All buyers must register with the auctioneers before bidding and the auctioneers reserve the right to refuse entry without reason.
All items must be paid for in full before leaving the premises unless a prior arrangement has been made with the auctioneers. Any buyer leaving the premises without full payment being made will lose any money paid and the item will be entered into the next auction. Any buyer leaving the premises having paid no money will be barred for a minimum period of 4 auctions and required to pay the lost commission on items bid for as a fine and a deposit of 100€ will be required before any future bids will be accepted. All buyers must be at least 18 years of age.
3 The Bidding increments to be regulated by the auctioneer, who reserves to himself the right of refusing the bidding of any person and to bid for himself or any other client. If a dispute arises as to any bidding then at the discretion of the auctioneer either the lot to which the dispute relates shall be immediately put up again OR the auctioneer shall determine the dispute and their decision shall be final and binding on all parties. The person making the highest accepted bid shall be the purchaser.
4 All lots are sold in accordance with the “Auctions and Bidding Agreements act” which places responsibility upon the purchaser and all risks to the purchaser. Therefore all sales are regarded as “wholesale” not “retail” and so are not afforded protection under the “Consumer Protection Act” and other laws.
5 All statements as to the authenticity of lots shall be statements of opinion. Brand names etc should not be regarded as genuine unless stated by the auctioneer at the time of sale as being so.
6 All goods shall be at the risk of the vendor or after sale purchaser whilst on the premises or in the care of the auctioneers. Vendors and purchasers are advised to obtain insurance to indemnify them in the event of their losses. Unless notified to the contrary the auctioneer will arrange insurance for vendors items whilst on the premises. A 2% charge on the hammer price or reserve price will be chargeable. After payment lots may be removed from the premises subject to no interruptions to sales then being made in the removal process. In any event the auctioneers and their staff shall have discretion to decide which lots may be removed whilst the sale is in progress.
7 The BUYERS PREMIUM is 15% added to the hammer price (Minimum 1.50€) plus tax where applicable.
8 The AUCTION COMMISSION is 15% or 1.50€ (plus tax where applicable) whichever is the greatest (1.50€ being the minimum commission charged). Completion of a registration form with photo identification is required in all cases.
9 The auctioneers reserve the right to catalogue goods as they see fit, determining which sale these shall be included and refuse any lots considered un-saleable or of negligible value. They shall not be held responsible for any expenses or loss incurred thereby or for the postponement or cancellation of sales, for whatever cause. Any goods refused entry or unsold after 3 auctions will be disposed of without any notice to the vendor. The auctioneer reserves the right to job lot such items to recoup admin costs for previous auctions.
10 The auctioneers do not hold themselves responsible for any default on the part of purchasers or vendors. Furthermore, the auctioneers give notice that they are not liable for faults or imperfections found with any lot or for any errors of description made by the vendor or persons on their behalf.
11 The vendor shall indemnify the auctioneers against any claims in connection with goods sold on the vendors instructions.
12 The auctioneers disclaim responsibility for all loss or damage to goods unless directly the result of negligence on the part of one of their employees.
13 Payment (without interest) will be made to the vendor after deduction of commission, tax and expenses, where applicable (expenses shall include transport, insurance, storage and valuation) but the auctioneers shall not be liable for payment to the vendor until they themselves receive full payment from the purchaser. Vendors may collect funds from the sales rooms no sooner than 3 clear days after the sale. Funds will only be payable to the registered member/signatory in person and with the appropriate membership card/photo identification. Monies not collected within 90 days from the date of sale will be lost.
14 Payment other than by cash will be entirely at the discretion of the auctioneers. Payment by way of Debit/Credit card is at the discretion of the auctioneers and subject to a premium. Cheques are not accepted for payment nor are Rolex watches or gold teeth.
15 All purchased lots must be removed from the saleroom within 24 hours of the end of the auction. The auctioneers reserve the right to charge a storage fee of 5.00€ per day/per item (small items), 10€ per day/per item (furniture) and 15€ per day/per item (vehicle and plant machinery) for goods not collected within 24 hours after the time of sale, unless prior arrangements have been made. Failure to collect items within this period will result in the forfeit of goods and any monies having been paid. All lots including parts of multiple lots must be removed within the given time.
16 Items bought within the auction may not be admitted back into the auction for sale without missing a minimum of at least one sale nor may items bought within the auction be sold to a third party within the boundaries of the auction rooms.
17 Not withstanding any other of these Terms and Conditions, if within 7 days of the sales of any lot the purchaser give written notice to the auctioneer that in his or her opinion it is a deliberate forgery, as defined below and within 14 days of such notice, returns the lot to the auctioneer in the same condition as it was at the time of sale and by producing evidence (the burden of proof being on the purchaser) satisfies the auctioneer that the lot is a deliberate forgery, then the auctioneer will be entitled to rescind the sale and will refund the purchase price to the purchaser if the same is still held by the auctioneer. If the purchase price has been paid to the vendor the auctioneer shall be under no obligation to the purchaser for the refund of the purchase price. In the context of this guarantee ‘a deliberate forgery’ means a lot made with the intention to deceive when considered in the light of the catalogue entry and which at the date of sale had a value substantially less than it would have had, had it been in accordance with the description. However, there will be no right where the catalogue description, at the time of sale, was in accordance with the general opinion of experts, or fairly indicated there to be a conflict of opinion. The auctioneers reserves the right in informing their opinion to consult and rely upon any expert or authority considered by them to be reliable.
18 Goods withdrawn prior to sale but after cataloguing or valuation, ‘brought in’ lots and unsold reserved goods (where reserves have not been agreed with the auctioneers) will attract a charge at the rate of 10% of the value based on reserve prices or valuation provided by the auctioneer (plus expenses where applicable) which shall be binding upon the vendor. This charge is levied in addition to any other fees which may be payable.
19 A vendor may place reserves on any lots minimum 40€ at a cost of 5% per auction (Maximum 3 auctions). Reserve prices are fixed between the vendor and the auctioneer and will not be disclosed to any potential purchaser. The auctioneer will not use discretion to sell a reserved priced lot for less than the reserve price without first contacting the vendor to acquire permission to release the lot below the reserve price. The auctioneer has the right to start any lot at the price he deems suitable even if this is below the reserve price. If a vendor accepts a lower than reserve price offer or if the reserved item sells at the reserve price the commission charged will be a further 10%. If the reserved price item is sold for above the reserve price the 5% reserve premium will be returned and the usual 15% auction commission will apply. It is the vendors responsibility to remove the unsold reserved priced item after the 3rd no sale. If the item is catalogued for the 4th sale it will be sold with no reserve price. If the vendor wishes to withdraw the catalogued item prior to the sale it will be subject to a 10% charge as mentioned in point 19.
20 The auctioneers reserve the right to dispose of all un-saleable lots which they consider to be of negligible value, without reference to the vendor and at the vendor’s full expense.
21 The auctioneers shall not be responsible for any loss or injury whether accidental or otherwise (not arising out of their negligence) which may be suffered by any person on the sale premises or which causes damage to any item within the premises ie sales rooms, reception areas, shop, warehouse, toilets, yard or car park.
22 Signalling to the auctioneer is accepted by many various forms but we recommend eye contact to confirm that your bid is intentional. The winning bidder will be required to hold the bidding paddle in clear view of the auctioneer on the fall of the hammer. No other form of your bidding number will be accepted.
23 Where possible each lot will held aloft or indicated to by a porter and/or shown on a television screen.
24 All bids are binding and no responsibility will be accepted by the auctioneer for any misbidding ie bidding on an incorrect lot number because you thought you were bidding on something else.
25 Proxy bidding/commissioned bids can be placed on your behalf if you are unable to attend an auction. Any proxy bidders will be required to pay a 50% deposit on the maximum amount bid. In all cases any money paid will be refunded in full if the bid is unsuccessful. It is the responsibility of the proxy bidder to contact the sales office before 11.30am of the next working day following the sale to ascertain if their bid was successful and arrange full payment and collection of their goods before close of business on this day. Failure to meet these criteria will result in the forfeit of any monies paid and the item will be deemed not sold and returned for sale in the following auction. If you wish to leave a proxy bid for this please speak to a member of staff who will be happy to assist you in this matter. The purchaser shall be responsible for transportation and/or any other costs.
26 All sellers must be over the age of 18 and must be the legal owner of the item to be sold or have the permission of the legal owner to sell the item on their behalf.
27 Any single item bought or sold with a hammer price of over 1,000€ are subject to lower commission rates after the initial 1,000€. Please ask the auctioneer for more information.
28 All terms and conditions may be subject to change without prior notice.