In this document (“the Document” or “the Terms and Conditions”), the following terms shall have the following meaning:
“Intercollector” means Intercollector Ltd, a Company incorporated in England and Wales having its registered office at Suite 20, 47 Norman Road, London SE10 9QB;
“Account” The personal section on the Website containing the personal data and other details which the user has entered which the User creates by registering with Intercollector and which is administered by the user.
“Auctioneer” means the on-line Bidding Platform owned and maintained by Intercollector on the Website for the purpose of conducting on-line sales of Properties;
“Bid” means the amount that a User offers for a Lot exclusive of the Buyer’s Premium and any VAT due on the Buyer’s Premium;
“Bidder” means a person considering, making or attempting to make a bid through the website;
“Business Day” means any day which is not a Saturday, a Sunday or a public holiday on which banks are ordinarily open for business in the City of London;
“Buyer” means the person who makes the highest bid or offer accepted by the Auctioneer through the website and who concludes a Contract of Sale with a Seller through the website;
“Buyer’s Premium” means the commission payable by the Buyer on the Hammer Price and any VAT due on the Buyer’s Premium;
“Consignment Agreement” means the Intercollector Consignment Agreement, as modified from time to time, whereby a Consignor instructs Intercollector to sell Property at auction and which lists the items for sale and all agreed charges for the services Intercollector provides as an Auctioneer;
“Consignor” or “Seller” means the seller(s) and any party(ies) acting as agent for the seller(s) in depositing the Property with Intercollector for sale;
“Contract of Sale” means the contract of sale which is concluded through the website between the Seller and the Buyer of a particular Lot;
“Hammer Price” means the highest bid accepted by the Auctioneer through the website;
“Item” or “Lot” means the Item or Lot in which Property offered for sale by Sellers is grouped by Intercollector ;
“Low Estimate” means the lowest presale auction estimate specified by Intercollector for an Item; “High Estimate” means the highest presale auction estimate specified by Intercollector for an Item;
"On-line Services" means the content, features and functionality provided via the Website to facilitate the online auction through which Intercollector can sell and You can buy Property;
“Property” means each item of property listed for sale at auction or by private sale;
“Reserve” means the minimum Hammer Price at which the Auctioneer may auction a Lot and will be determined by agreement between the Seller and Intercollector;
“Resale Royalty” means the artist’s resale royalty payable in the UK under the Artist’s Resale Right Regulations 2006;
“Sale” means the sale of an Item through Intercollector from a Seller to a Buyer;
“Seller” means a user who offers one or more Lots for sale through the website;
“Seller’s Commission” means the percentage of the purchase price charged by Intercollector and any VAT applicable thereon for providing its services as an Auctioneer and communicated to the seller in the Consignment Agreement
“VAT” means Value Added Tax, Import Value Added Tax, any similar sales tax or an amount in lieu of Value Added Tax, as applicable, calculated at the rate applicable at the time of the sale;
"Website" means the Intercollector online auction website located at www.intercollector.com or any subsequent URL used by Intercollector from time to time;
"You" or “User” means the person accessing and using the Website (whether for the purpose of bidding or not) and/or the legal entity you represent during the course of employment or engagement by that entity;
2.1 Each Item in the Website is offered for sale and sold subject to: (a) these Terms and Conditions of Sale; (b) additional notices and/or supplements and/or terms published on the Website;
2.2 By bidding at an auction Bidders and Buyers agree to be bound by Paragraph 2.1 above.
2.3 Intercollector reserve the right to change these Terms and Conditions at any time. Amendments will take effect when posted on the Website. The date of the Terms and Conditions may be stated at the top of the Terms and Conditions. The Terms and Conditions current at the start of a Transaction will apply until that Transaction is completed. Intercollector will notify Users by email of any changes or amendments to the Terms and Conditions where these will significantly affect Users’ rights. Your continued use of the On-line Services after any amendments to the Terms and Conditions shall be deemed to constitute your binding acceptance of such amendments. In the event that you do not wish to accept the amended Terms and Conditions your only option is to cease using the services provided on the Website and to cancel your Account with us
2.4 These Terms and Conditions of Sale, changed or supplemented from time to time as provided in this Paragraph 2, contain all the terms on which Intercollector and the Seller contract with the Buyer.
Users are free to browse the website without registering but in order to use the services provided, for example to bid on a lot or use the collection management system users will be required to register with us and create an Account.
3.2 Creating an Account
Users can create an Account with us by filling in the online registration form
We will require details of your address, telephone number and email address. You warrant towards us that the information you give is truthful and up to date
3.3 Username and Password
You will also be required to provide a username and password when registering which will enable you to access your Account
It is your responsibility to keep your username and password secret. Intercollector is entitled to assume that the User is the actual party who signs in using the User’s username and password.
You must notify Intercollector immediately if you suspect that your username and/or password has become know to unauthorised parties. This is without prejudice to your own obligation to take preventive measures such as changing your password
3.3 Qualifying age for registration
Prospective users must be 18 years of age or over as stated in paragraph 6.2 (ii).
By accepting these Terms and Conditions the User warrants to Intercollector that he is 18 years of age or older.
3.4 Intercollector’s right to refuse or terminate registration
Intercollector reserves the right to refuse Users the right to register and/or to terminate that right unilaterally.
4) Selling at Auction - Intercollector as Agent
I. Intercollector acts as an auctioneer and agent for the Seller. Therefore, the contract for the sale of the Item will be between the Seller and the highest Bidder at auction, i.e. the Buyer.
II. Intercollector disclaims all responsibility for statements about any Property made by the Seller. Specifically it has no control over or responsibilty for the quality, safety or correctness of Lots offered or the Seller’s authority to sell Lots. This does not affect any rights a Bidder or Buyer may have against the Seller.
4.2 Consigning Items for sale
I. When a User offers items for sale he must provide clear information concerning the items being offered. This will include but is not limited to
(a) A description of the item(s) being offered to include characteristics and dimensions and an indication of age if known
(b) An indication of the condition of the item(s) including reference to any significant damage
(c) The provision of photographs of the item(s) which will clearly show their current state (including any defects) and any particular features.
II. The expert in charge may require further information in order to assess whether the item(s) are suitable for auction.
III. If accepted for auction by Intercollector further information and/or photographs may be required both during the cataloguing process and while the item is on auction.
4.3 Instructions to Sell – Consignment Agreement
I. By signing the Consignment Agreement a Consignor appoints Intercollector as exclusive agent to sell the Property listed in the Consignment Agreement. The sale will take place by on-line auction (see paragraph 6) and will be subject to these Terms and Conditions.
II. By signing the Consignment Agreement a Consignor agrees that the Property listed in the Consignment Agreement will be offered exclusively through the Intercollector website while the auction is in progress and that he will not offer them through other channels. On commencement of the auction the Consignor will remove the property from other websites to include auction platforms, online marketplaces and his own website.
III. By signing the Consignment Agreement a Consignor agrees to pay Intercollector such fees, expenses, costs as detailed in the Consignment Agreement, and pay the VAT on such fees, expenses and costs where applicable.
IV. By signing the Consignment Agreement a Consignor agrees that he is responsible for shipping any sold item to the purchaser in accordance with paragraph 4.8 below and to pay the costs of the same for which he will receive reimbursement by the purchaser on successful receipt of the item in question. The Consignor also agrees that in the event of an item being returned by the purchaser in accordance with paragraph 4.9 below he will bear the shipping costs incurred by him and will not receive reimbursement for them.
The Seller agrees to pay the following costs:
i. Any external expert opinion, where deemed appropriate by Intercollector , and approved by the Seller in advance;
ii. Any special marketing initiative likely to increase the appeal of the Property, where deemed appropriate by Intercollector , and approved in advance by the Seller;
4.5 Consignor’s Title of the Property
By signing a Consignment Agreement, the Seller acknowledges and warrants as follows:
a) Seller is the sole owner of the Item with unrestricted rights to transfer ownership to the Buyer free from all third party rights or claims (including Copyright and other Intellectual Property rights)
b) Seller has notified Intercollector of all known aspects of the Item which is likely to affect its value or appeal, specifically including any concerns expressed by third parties as to authenticity, provenance, attribution, ownership etc.
The Seller agrees to reimburse Intercollector and/or the Buyer of their reasonable costs, should the conditions 4.5 a-b not be met.
4.6 The Sale
I. Intercollector has complete discretion as to how individual Items are catalogued, described and illustrated, the condition reports, the date of the sale, and whether further expert advice should be sought for the Item. The seller will be given an opportunity to review the description before the online auction commences and undertakes to make use of that opportunity. The seller also warrants that the item will be in accordance with the description and indemnifies Intercollector against any claims brought by the Buyer in connection with the item’s failure to comply with the description.
II. Items may be refused for sale at auction at Intercollector’s sole discretion without the need to give any statement of the reason for such refusal.
III. Any Estimate (see Paragraph 7) is given only as a matter of opinion and is not an undertaking or a forecast by Intercollector that the specific Item will fetch the Estimate at auction. Estimates are normally expressed as a range between the Low Estimate and the High Estimate.
IV. Intercollector will agree a Reserve (see Paragraph 8) with the Consignor. In the case in which no Reserve has been agreed, Intercollector may sell the Item to the highest Bidder regardless of the amount offered by such Bidder
V. Bidders accept that where a Reserve price has been set and the highest bid offered falls below that price no contract of sale will be concluded.
VI. Once the Consignment Agreement has been signed by the Seller, Seller cannot withdraw the Item from sale without the consent of Intercollector , such consent not to be unreasonably withheld, save in the case of gross negligence or wilful misconduct on the part of the Seller.
VII. Intercollector may withdraw, or postpone for a reasonable time, the Item from a sale if, in their opinion, there is a material doubt as to the attribution, authenticity, or provenance of the Item.
VIII. Intercollector, at its own discretion, is entitled to remove a bid from an online auction while it is in progress if it deems this necessary for example in the case of suspected abuse or fraud or if a bidder has made an obvious mistake.
IX. Intercollector is entitled to stipulate as a condition in respect of certain online auctions or lots included in an online auction that the User must deposit with Intercollector a certain amount to be determined by Intercollector to act as a security for payment, such an amount to be refunded to the user if his bid is not successful.
X. Should Intercollector be notified that there is a dispute as to ownership, possession, control of an Item, then Intercollector will either withdraw the item from the sale until the matter has been resolved to the acceptance of Intercollector or cancel the consignment agreement
XI. Users accept that bids made during an online auction are unconditional and irrevocable, save that Intercollector may, at its sole discretion, cancel a bid in accordance with Paragraph 3.6.VII above.
4.7 Payment to Seller
Sellers will only receive payment for Items sold on the Intercollector website if Intercollector has received, in full and in cleared funds, payment from the Buyer of the respective Item to include the shipping costs of the same as communicated to the buyer by the Seller through Intercollector.
4.7.2 Payment procedures and terms:
i. Immediately or soon after the Sale, Intercollector will request payment from the Buyer to include the shipping costs of the same as communicated to the buyer by the Seller through Intercollector in accordance with paragraph 4.8.ii below.
ii. The Buyer will make payment for his purchase(s) using the Intercollector Paypal Account. Directions for this will be given in the email to the buyer requesting payment.
iii. Intercollector will only make payment to the Seller when (a) It has received payment from the buyer (b) The item(s) sold have been shipped to the Seller with confirmation of safe receipt. Payment may be suspended if the Buyer has given notice of a dispute, for example that an item is damaged or that it has been incorrectly described.
iv. In most cases, payment is received from the Buyer within a reasonable period of time, and Intercollector is able to pay Consignors within 30 Working Days.
v. Intercollector will pay the Seller (i) an amount equal to the Hammer Price less any agreed Commissions, costs, etc., and less VAT at the applicable rate (ii) the shipping costs of an item as communicated to the buyer by the seller through Intercollector.
vi. Payments to the Seller are made by bank transfer in Pounds Sterling.
4.7.3 Non Payment by the Buyer:
i. If the Buyer fails to pay the full amount due within ten working days from the date of the sale, Intercollector will take, at their sole discretion, whatever steps they deem necessary, appropriate and reasonable to recover the funds from the Buyer.
ii. Intercollector is not obliged to take any legal proceedings on behalf of the Seller to recover sums due from the Buyer.
iii. In cases of non-payment from a Buyer, Intercollector will contact the Seller, so that the situation can be discussed, and a plan of action agreed. Under no circumstances is Intercollector liable to pay the Seller for any amount due but not paid from the Buyer.
4.8 Delivery and Acceptance of Lots:
i. The Seller is responsible for shipping the Lot(s) sold by him to the Buyer in accordance with the Consignment Agreement and any conditions communicated by the Seller in advance.
ii. The Seller will ascertain the shipping cost, to include insurance for damage or loss, of the Lot(s) sold by him to the Buyer and will communicate the same to the Buyer through Intercollector.
iii. The Seller will send the Lot(s) sold to the buyer, carefully packaged and insured, within three business days of receiving confirmation from Intercollector that the buyer has made payment.
iv. The Seller will ship the Lot from the address as stated in his Account.
v. The delivery address will be the address that the Buyer has registered in their Intercollector and/or Paypal profile. In the event that the Seller ships the Lot(s) to another address, Intercollector will not be held responsible for any failure in delivery and reserves the right to refund the purchase price to theseller.
vi. All Lots must be sent using Royal Mail Track and Trace Service. In addition, we recommend using registered or insured transport.
vii. Intercollector will deem the signature for receipt and/or Royal Mail Track and Trace delivery confirmation at the delivery location (see 4.8.iv) to be proof of receipt by the buyer. The Seller accepts that Intercollector is not obliged to accept any other proof of receipt.
viii. If a Lot does not arrive properly the Seller and the Buyer should try to reach a solution themselves but in the event that they fail to do so they will be obliged to cooperate in an investigation by the transport agency.
ix. In the event of a dispute, Intercollector reserves the right to decide whether the Purchase Price will be refunded to the Buyer or paid on to the Seller.
x. Any disputes between the Seller and the Buyer must be reported to Intercollector as soon as possible. In principle the Seller and the Buyer must resolve disputes between themselves. Intercollector is not a party to any dispute but notwithstanding it will make reasonable efforts to mediate, although this does not affect its right to determine the treatment of the Purchase Price as stated in paragraph 4.9.viii above.
4.9 Consumers’ Rights
i. Under UK and EU Law, Consumers have certain rights to return goods purchased in an online auction.
ii. The relevant legislation categorises Sellers as either ‘professional sellers’, in other words a dealer or trader or private individuals not seeking to trade in the items they are selling.
iii. In case where the Seller is a ‘Professional Seller’ the Buyer has a statutory right to withdraw from the purchase without stating any reason which lasts for a period of 14 days (the ‘cooling off period’) from receipt of the item(s) purchased.
iv. In the case where the Seller is a private individual, the Buyer enjoys much more limited rights in respect of returning goods purchased.
v. While Intercollector assumes no liability for the correctness of the cataloguing of Lots offered for auction on the website (see Paragraph 4.1.II above) including but not limited to the images of the Lots, the descriptions, the dating and any condition reports, it aims to use its best endeavours to ensure that the Lots offered are catalogued and described as accurately as possible.
vi. Accordingly it grants to the Buyer of a Lot in all cases, whether the Seller is a ‘professional seller’ or a private individual, the right to return an item without the need to state the reasons (although the Seller might ask the Buyer to state the reasons while not being able to oblige him to do so) for a period of 14 days (the ‘cooling off period’) after receipt of the item.
vii. The cooling off period stipulated in 3.9.vi above will commence on the day after the the Buyer has received the Lot or (a) In the case where the Lot is delivered in more than one shipment, the day on which the Buyer receives the last shipment (b) In the case that the delivery of a Lot consists of various shipments or parts, the day on which the Buyer receives the last shipment or part
viii. The Buyer will handle the Lot and its packaging with all due care during the cooling off period. He will unpack or use the Lot only to the extent necessary to determine its characteristics.
ix. If the Buyer exercises the right of withdrawal granted in Paragraph 3.9.vi he must give notice of withdrawal within the cooling off period by email to Intercollector who will then contact the Seller advising them of the notice of withdrawal received and confirm to the Buyer receipt of the notice of withdrawal.
x. The Buyer must send the lot back to the Seller as quickly as possible but in any event within 14 days after giving the notification of withdrawal referred to in Paragraph 4.9.ix.
xi. The Buyer will return the Lot to the Seller together with any related accessories delivered with it, for example a display box, if possible in the original condition and packaging, in accordance with the instructions of the Seller.
xii. The Buyer will be liable for any decrease in value in the Lot which is caused by failure to handle it in accordance with Paragraph 4.9.viii.
xiii. The Buyer will bear all the costs of returning the Lot to the Seller.
xiv. Intercollector will refund to the Buyer the purchase price paid for the Lot returned, including any delivery costs, but only after receiving confirmation from the Seller that he has received the Lot in original condition. Deductions may be made if the Lot has not been handled in accordance with the specification Paragraph 4.9.viii
xv. The Buyer bears the responsibility for exercising his right to withdraw in a proper and timely manner.
4.10 Unsold Items:
If an item is unsold, Intercollector will contact the Seller to discuss the situation
i. It may be agreed that the item should be offered again in a future auction. Both the estimate and the reserve may need to be revised at Intercollector’s discretion but with the agreement of the seller.
ii. If revised terms are agreed, the consignment agreement will be amended accordingly and approved by the Seller.
iii. If revised terms cannot be agreed the Consignment Agreement will be cancelled.
4.11 Intellectual Property
By signing a Consignment Agreement, the Seller grants Intercollector (on a non-exclusive basis) the rights to photograph, video or otherwise reproduce images of the Item (whether the Item is identified or not in such a reproduction). All such rights will remain with Intercollector whether the Item is sold or not, and can be used by Intercollector for all purposes it deems necessary including but not limited to promotional purposes.
5) Description of Property
5.1 Attribution and Description. Both the Lot title and any cataloguing are matters of opinion and not of fact. Intercollector’s description of Items is partly dependent upon the information provided by the Seller as well as by experts Intercollector may consult, the amount of research and any examination or testing Intercollector may reasonably and practically carry out prior to an auction, and the generally accepted opinion of experts available at the time of cataloguing the Property.
5.2 Intercollector shall exercise reasonable care when preparing catalogue descriptions and condition reports in a manner consistent with their role as auctioneer of a large number of lots and subject to the risks inherent to describing unique works of art and collectable items.
5.3 Intercollector are not able to carry out exhaustive due diligence on each item of Property. Bidders and Buyers are invited to carry out, and shall be responsible for carrying out, their own due diligence over Items offered for sale. They may wish to make enquiries from the expert in charge of any particular auction, who will use his best endeavours to answer any questions submitted. Bidders and Buyers agree that:
(a) Intercollector accepts bids on the basis that each Bidder has satisfied himself about the Property, its description, age, authenticity, genuineness, attribution, provenance, origin, condition, importance, size, quality, quantity, rarity, value, historical reference or significance, medium, material, period, culture and source;
(b) Neither Intercollector nor the Seller make any representation or warranty, orally or in writing, express or implied (other than those which cannot be excluded by law) with respect to any of the characteristics of the Property, including (without limitation): age, authenticity, genuineness, attribution, provenance, origin, condition, importance, size, quality, quantity, rarity, value, historical reference or significance, medium, material, period, culture or source;
(c) Neither Intercollector nor the Seller accept any responsibility for errors or omissions in information provided to Bidders and Buyers by Intercollector , whether orally or in writing, except that Intercollector will accept responsibility for those errors or omissions caused by their own wilful misconduct;
(d) Bidders and Buyers acknowledge that many Lots are of an age and type which means that they are not in perfect condition and agree that: (i) all Lots are offered for sale and sold “AS-IS”; and (ii) although Intercollector may mention in the description of an Item damages or imperfections, this does not include all faults, imperfections and restorations;
(e) information in the Website or elsewhere concerning the characteristics of the Property is offered by Intercollector as a statement of opinion only and neither Intercollector nor the Seller accept any responsibility towards Bidders or Buyers who rely on any such statement of opinion when bidding or buying Property at auction;
(f) the estimates provided in the Website are not representations of fact but are merely Intercollector’s opinion of the price that a willing Buyer might pay for the Property at auction. The actual price achieved at auction or upon resale of the Property may be substantially different from these estimates. Intercollector shall not be liable for any difference between the estimate for any Item and the actual price obtained for such Item (or part thereof) at auction or upon resale;
(g) all weights are approximate, whether or not qualified by terms such as “approximately” or “circa”;
(h) illustrations serve mainly as a tool to identify Items, and cannot be used as precise indications of size or to convey full information as to the condition of Lots.
6) Website Conditions of Use
IMPORTANT – PLEASE READ:
THE INTERCOLLECTOR WEBSITE IS DIRECTED AT AND ONLY MEANT TO BE USED BY YOU FOR THE PURPOSE OF ACCESSING AND USING THE ONLINE SERVICES PROVIDED. THESE TERMS AND CONDITIONS APPLY TO YOUR USE OF THE WEBSITE AND BY ACCESSING THE WEBSITE AND USING THE ONLINE SERVICES YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS.
IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS DO NOT ACCESS OR USE THE WEBSITE AND THE ONLINE SERVICES PROVIDED.
6.1 Online Services
i. The Website acts as an online venue to allow Intercollector to sell by auction Items of Property (in accordance with applicable law and regulations) and to provide You with the opportunity to bid for and buy such Property.
ii. In addition, The Website allows You to use (a) the complimentary Collection Management Facility (b) the complimentary Valuation Service
iii. By accessing or using any of the On-line Services You agree to be legally bound by these Terms and Conditions.
iv. We reserve the right to modify or withdraw this Website (or any part of it) at any time without notice.
6.2 Participation in the On-line Service
i. You can browse the Website at any time without registering. To use the On-line Services, You are required to register by completing the online "User Registration Form" on the Website and submitting it to Intercollector by clicking on the "Register" link. Registration and use of (1) the facility to bid for items via the Website (2) the complimentary collection management facility, and (3) the complimentary valuation service is free.
ii. The On-line Services are only available to individuals who are aged 18 years and over (and by registering and accepting these Terms and Conditions You represent to Intercollector that You are not a minor and can form legally binding contracts under applicable law).
iii. If You are registering on behalf of a business entity, You represent and warrant that You have authority to bind the entity to these Terms and Conditions. Without prejudice to your warranty, Intercollector reserve the right to ask You for written authority from the business entity before registering any business entity.
iv. You agree to ensure that your registration details are up to date and accurate and to update any details when necessary using the "Edit Registration" link on the Website.
v. You warrant and undertake to Intercollector that all the information supplied to Intercollector on the User Registration Form is true and accurate.
vi. Intercollector reserve the right in their sole discretion to refuse any application to register and access the On-line Services and to temporarily or indefinitely suspend any registered members.
6.3 User Name and Passwords
i. You are solely responsible for keeping your personal user name and password secure and confidential. You should not share, display, disclose or permit your user name or password to be disclosed to any other party.
ii. You are responsible for use of the On-line Services when access to the On-line Services is obtained through the use of your user name and password whether authorised or unauthorised.
iii. You agree not to impersonate any other person or entity or use any false name or use any other person's user name and password to access the On-line Services.
iv. If you believe that Your user name and/or password has become known to another person or You are aware of any other breach of security regarding the On-line Services, then You must notify Intercollector immediately.
v. You agree and warrant that You will implement and comply with the above procedures.
vi. Intercollector reserve the right to withdraw user names and passwords at any time without notice and in their sole discretion including but not limited to where Intercollector have reason to believe that such user name and password have been discovered and/or used by any person or organisation other than You.
6.4 General rules governing bidding and buying
i. You can only make a bid and use the On-line Services if You are registered. You agree to comply with any instructions or notifications posted on the Website from time to time in relation to use of the On-line Services.
ii. All auctions will be conducted in pounds sterling ("GB£"). You are responsible for ensuring that You have sufficient funds to cover the cost of Your bid and make payment within the stated period of time, and in accordance with the applicable payment method.
iii. Any bid that Bidders make via the Website constitutes a legal and binding offer to buy the Item listed on Intercollector . Bidders may not retract a bid except for limited circumstances allowed under applicable law, for example, where the Item does not materially comply with the description provided in relation to it on the Website.
iv. Intercollector is entitled to set applicable minimum bids or reserve requirements and are entitled to change these during the auction period although in all circumstances the reserve will never exceed the lower estimate. If an auction subject to a reserve ends and the reserve price is not met the Bidder is released from any obligation to complete the Transaction.
v. Any bid made by a Bidder will remain open for the time period specified on the Website. Intercollector reserve the right to automatically extend this fixed time period by up to 3 minute increments where the highest bid is submitted within 3 minutes before the close of an auction to allow time for responses and final bids. The Website does not support the practice known as "sniping" where bidders place bids within the final few minutes of an auction and do not allow other bidders time to respond.
vi. The winning bid in any auction will be the first highest bid to be registered by Intercollector that exceeds the reserve price (if any) and meets the conditions that are specific to that auction.
vii. By bidding for an item via the Website, a Bidder acknowledges and agrees that if he has placed the highest bid which is (where applicable) at or above any reserve price or minimum bid and Intercollector has not denied acceptance of the bid, the same Bidder has entered into a legally binding contract to buy the Item from Intercollector .
viii. Intercollector have full discretion to: (a) divide any Lot; (b) combine two or more Lots; (c) withdraw any Lots; (d) refuse bids; (e) refuse to acknowledge any Bidder; and (f) challenge bids; and to otherwise regulate the bidding for whatever reason at any time. Intercollector reserve the right to cancel or stop an auction at any time.
ix. If a Bidder is successful in securing an Item, he will be contacted via email by Intercollector to confirm acceptance of the winning bid, total amount payable, details of shipping and/or collection, and accepted payment methods.
x. If for whatever reason Intercollector is unable to contact the Bidder within 5 Business Days of the closure of the auction, then Intercollector will be entitled in their discretion to offer the item(s) bought by the Bidder to the next highest bidder or to re-auction the items in a future sale.
xi. You agree to comply with all applicable laws, statutes and regulations concerning your use of the Services.
Payment for Items can only be made by using the payment methods specified from time to time by Intercollector and communicated via e-mail to the successful Bidder.
i. Intercollector grants the Buyer of a Lot the right to withdraw from the purchase for a period of 14 days, the cooling off period, after receipt of the Lot as described in Paragraph 4.9 above.
ii. If the Buyer wishes to exercise his right to withdraw from the purchase of a Lot he will notify Intercollector within the 14 day cooling off period as stipulated in Paragraph 4.9.ix above. If the Buyer informs Intercollector of his intention to withdraw from the purchase at any time after the end of the cooling off period, as defined in Paragraph 4.9.vii above, Intercollector will not accept the notice to withdraw and payment for the Lot in question will be made to the Seller in the usual way.
iii. Bidders acknowledge that there is no other right to return or cancel items that they have purchased apart from that granted in Paragraph 4.9 above.
6.7 Availability of the Website – Outages, Maintenance and Improvements
i. You acknowledge that due to the nature of the Internet, Intercollector cannot guarantee that access to the Website will be uninterrupted or that e-mails or other electronic transmissions will be sent to You or received by Intercollector , or that the content of such transmissions will be secure during transmission.
ii. Like any other website the Intercollector website may occasionally experience outages during which You may not be able efficiently to browse for Items, some or all of the On-line Services are interrupted, and Bidders cannot place bids. When outages occur that are at least one hour in duration, Intercollector will extend the time available to place bids by at least the same time as the outage.
iii. Intercollector reserves the right to make procedural, technical, commercial and/or other changes to the website, to put the website temporarily out of operation and to put the website temporarily out of operation, either in whole or in part, if it judges this to be necessary in order to carry out maintenance to the website.
6.8 Use of the Collection Management Facility
I. Intercollector offers its users the opportunity to use a complimentary collection management facility.
II. In order to take advantage of this Users must first register with Intercollector following the procedure outlined above in Section 3
III. The Collection Management Facility can be accessed from the User’s My IC page using the tab ‘Collection Management’. Directions are given for forming a collection and adding items to it along with descriptions and images.
IV. A maximum of 10 different collections may be created and a maximum of 500 items may be added to any one collection.
V. Each item entry has a ‘submit for auction’ button which the user may employ if he wishes to sell an item in his collection. By clicking on this button, the item will be submitted to the relevant expert who will contact the user to discuss the suitability of the item for sale in an auction.
VI. The Intellectual Property of the data and images contained in a User’s Collection Management Facility will belong to the User but Intercollector reserves the right to access the Collections and to use the data and images in them for marketing purposes. By using the Collection Management facility, the User grants to Intercollector the right to do this.
VII. Intercollector also reserves the right to monitor the Collections to check for unlawful or unsuitable material. If found such material will be removed by Intercollector at its absolute discretion.
VIII. The Collection Management Facility is designed to allow Users to catalogue and organise their Collections. It is not intended to be used for any commercial purposes whatsoever and if a User is found to be using it in this way his Collection(s) will be removed from the website at Intercollector’s absolute discretion and the User’s Account will be closed.
6.9 Intellectual Property Rights
i. You are granted a limited licence to access and use the Website solely for the purposes of use connected with the On-line Services. All contents of the Website including, but not limited to, the text, graphics, links and sounds are owned by the relevant copyright owner and may not be copied, downloaded, distributed or published in any way without their prior written consent, except that You may print, copy, download or temporarily store extracts for your personal information or when You use the On-line Services.
ii. Any information provided by the Website may not be disclosed, reproduced, copied or sold for any commercial purpose other than for obtaining the On-line Services via the Website.
iii. You may not use any part of the Website on any other website or link to the Website without Intercollector prior written consent, except that You may link to the Website provided that you do not misrepresent your involvement with the Website (and/or with Intercollector ) and that You do nothing in the opinion of Intercollector that may bring the Website into disrepute or, in the sole discretion of Intercollector , is detrimental to the On-line Services.
iv. Nothing in these Terms and Conditions is intended to transfer any intellectual property rights to the User except in the case of material contained in his Collection Management Facility as outlined in Paragraph 6.8.vi above.
6.11 Limitation of Liability
I. USE OF THE WEBSITE AND ITS RELATED SERVICES ARE AT YOUR SOLE RISK. INTERCOLLECTOR WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER ARISING AS A RESULT OF YOUR USE OR RELIANCE ON THE WEBSITE OR ON-LINE SERVICES TO THE MAXIMUM EXTENT PERMITTED BY LAW.
II. WE EXCLUDE ALL WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS AND REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE IN CONNECTION WITH THE SERVICES AND THE WEBSITE TO THE FULLEST EXTENT PERMITTED BY LAW.
III. ANY SOFTWARE DOWNLOADED FROM THIS WEBSITE OR AS PART OF THE ON-LINE SERVICES IS AT YOUR OWN RISK AND WE DO NOT ACCEPT LIABILITY FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGE HOWSOEVER CAUSED AS A RESULT OF ANY COMPUTER VIRUSES, BUGS, TROJAN HORSES, WORMS, SOFTWARE BOMBS OR OTHER SIMILAR PROGRAMS ARISING FROM YOUR USE OF THE WEBSITE. WHILST WE WILL DO OUR BEST TO ENSURE THAT THE WEBSITE IS FREE FROM SUCH DESTRUCTIVE PROGRAMS, IT IS YOUR RESPONSIBILITY TO TAKE REASONABLE PRECAUTIONS TO SCAN FOR SUCH DESTRUCTIVE PROGRAMS.
IV. ANY HYPERLINKS TO THIRD PARTY SITES THAT MAY BE PROVIDED VIA THE WEBSITE EXIST FOR INFORMATION PURPOSES AND YOUR CONVENIENCE ONLY AND INTERCOLLECTOR DO NOT ENDORSE THE CONTENT OF SUCH SITES. INTERCOLLECTOR ARE UNABLE TO ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM THE CONTENT OF SUCH SITES.
V. WITHOUT PREJUDICE TO THE ABOVE, IN ANY EVENT INTERCOLLECTOR LIABILITY SHALL BE LIMITED TO AN AMOUNT NOT EXCEEDINGTHE AMOUNT PAID BY YOU OR THE HIGHEST BIDDER TO INTERCOLLECTOR FOR THE ITEMS TO WHICH THE CLAIM RELATES FOR ONE INCIDENT OR SERIES OF INCIDENTS ATTRIBUTABLE TO THE SAME CAUSE OR IF NO SUCH AMOUNT IS PAID OR PAYABLE THE MARKET VALUE OF SUCH ITEMS; OR, WHERE NO AMOUNT IS PAID OR PAYABLE, THE MAXIMUM SUM OF £500.
6.12 Termination of the Account
The User has the right to delete his Account at any time and to cease to use the services provided by the website.
Notwithstanding the above, Intercollector has the right to refuse deletion of an Account if the User still needs to perform certain obligations (such as payment or delivery obligations) towards Intercollector or other Users or if there is a chance that complaints may still arise related to recently sold Lots.
I. Estimates are shown in Pounds Sterling .
II. All estimates are given in accordance with Paragraph 4.6.iii above
III. The sale will be conducted in Pounds Sterling and payment is due in Pounds Sterling.
8.1 Most Items are subject to a Reserve, i.e. a price below which bids will not be successful in securing the Item. The Reserve, which is confidential, is determined by agreement with the Seller and may equal, but will not exceed, the low estimate for the Item.
8.2 In the case where a Reserve has been agreed in accordance with paragraph 8.1 above, Intercollector reserves the right to place bids on the seller’s behalf up to, but not to include or exceed, the Reserve price for the item.