Advanced Search

Terms And Conditions

TERMS AND CONDITIONS FOR AUCTION PURCHASERS

1. These Terms and Conditions apply to all transactions relating to the purchase of items by a bidder (referred to as “you”) at auction or as an auction after-sale by The Pedestal Limited, trading as The Pedestal (referred to as “we”), and may not be varied unless agreed in writing in advance by one of our directors. By registering to bid and/or bidding you accept these terms.

2. We act as agent for the seller whose identity we will not disclose, unless otherwise stated.

3. When we offer items for consignment at auction, we will usually include in the auction listing a description of the lot and an estimate of potential sale value. Upon request we may also supply a condition report, which will be based on a visual inspection of each lot without disassembly or further investigation of physical condition, and on information available to us at the time. All information is provided after due consideration and to the best of our knowledge and experience, but cannot be taken as a statement of fact, a guarantee or statement of value or a guarantee or statement that mechanical or electrical parts are functioning correctly or at all.

4. All measurements provided are approximate. Colours of any image depicted in any printed catalogue, on our website or otherwise may not appear the same as colours perceived on physical inspection. 

5. Lots offered for sale will be available for viewing in person at such place and times as are advertised before the auction. We always recommend inspection in person.

6. A registration form will be available on our website, at the auction or upon request and must be completed in advance of the auction by anyone wishing to bid. You may also be required to provide proof of identity and proof of address unless you are already known to us. A separate fee may be levied and separate registration may be required for online bidding, whether on our own or a third party platform.

7. Commission bids may be refused unless they have been entered on our registration form and accepted in advance of the auction.

8. We may at our discretion accept bids from someone acting on behalf of a third party, subject to receiving a letter of authorisation which is satisfactory to us. In the event that such a bid is successful we reserve the right to treat either the bidder or the third party as the successful bidder for all purposes including as regards obtaining payment for the lot.

9. Auctions are conducted according to our discretion and that of our auctioneer. We may refuse to allow access to the auction, refuse or accept any bid, alter the order of lots and/or the bidding in such way as we think best, withdraw any lot, reopen bidding after the hammer has fallen, determine who is the successful bidder, cancel the sale of any lot or otherwise regulate the auction and all associated proceedings as we deem most appropriate. Our decision in relation to any dispute relating to bidding which may arise during or after the auction is final. We may (but are not obliged to) offer bidding in person, by commission bids left with us in advance of the auction, by telephone, or online via our own or a third party platform. We will not in any event be liable for any failure to take a bid whether caused by breakdown of communications technology or otherwise.

10. Both the auction as a whole and calls used for telephone bids may be recorded and such recordings may be retained by us and by participating in the same you consent to such recording and retention.

11. Most lots are offered subject to a reserve below which the lot will not be sold. The level of the reserve is confidential between ourselves and our seller but will not be higher than the lower estimate.

12. We may enter one or more bids consecutively or otherwise on behalf of the seller up to but not beyond the level of the reserve.

13. Subject only to the auctioneer’s discretion set out in clause 9 above, when the auctioneer’s hammer falls no further bids will be accepted and a contract for sale is formed between the successful bidder and ourselves as agent for the seller.

14. We will endeavour to send out invoices promptly by mail or email using the contact details supplied to us by the successful bidder. If you believe that you are the successful bidder for any lot but have not heard from us within three working days of the auction we recommend that you contact us to arrange collection and avoid potential storage charges.

15. We will charge a buyer’s fee of 24% on the first £50,000 of the hammer price of each lot, and 20% of any portion of such hammer price which is above £50,000, plus VAT. 

16. Payment for each lot which you have purchased including all associated fees, charges and taxes is due no later than 7 calendar days after the auction. Payment can be made only by the registered bidder. Payment instructions will be given on the relevant invoice or invoices. Where payment is made by credit card a 2% fee plus VAT will be applied.

17. No lot will be released and legal title will not pass to you until we have received due payment in full of all sums owed to us by you. Risk in any lot for which you are the successful bidder will pass to you on the earlier of collection of the lot by you or on your behalf, or the due date for payment for such lot.

18. If you fail to make due payment for any lot we may, at our discretion and without limitation to other available remedies, charge you interest at the rate of 12% per annum; bring legal proceedings against you for the unpaid sum and all associated fees and costs including professional fees (“Unpaid Sums”); retain and sell ourselves or otherwise any other lots held by us which are your property or any sums otherwise payable by us to you and use such proceeds or sums to defray the Unpaid Sums; cancel the sale, re-offer the lot and claim any shortfall and any associated costs from you; and/or pass your identity and contact details to the seller so that they can pursue legal remedies against you directly.

19. All lots must be collected from Alban Shipping of Unit 4, Premier Business Park, Dencora Way, Luton, Bedfordshire LU3 3HP or as otherwise notified, within 14 days after the auction. Storage and handling fees will be charged in relation to lots left uncollected after that date at Alban Shipping’s standard rates from time to time. Any lots not collected within 90 days after the auction may be sold by us at our discretion, with the proceeds applied to cover all Unpaid Sums including storage and handling charges. In this event any surplus will be paid over to you, and we will claim any shortfall from you as an Unpaid Sum.

20. A lot which has been collected from our warehouse by you or a shipper acting on your behalf is deemed to have been delivered to you by us at the time of such collection.

21. We are not responsible for advising you on any import/export issues including without limitation CITES or the like, and customs and import fees and the like. We recommend that you acquaint yourself with any relevant issues before bidding, as we cannot accept liability for any information which we may provide you with.

22. Each seller warrants that they are the legal owner of the lot and/or have the unencumbered right to sell the lot at auction and to pass title to the successful bidder. The seller shall not be liable in the event of breach of this warranty for any amount greater than the hammer price of the lot in question. We may be liable only to the successful bidder in the event of fraud or fraudulent misrepresentation by us and exclude all other liability to such bidder and all third parties to the fullest extent permitted by law. Nothing herein shall limit your rights if any under the Consumer Contracts Regulations, or exclude our liability for death or personal injury caused by our negligence.

 

23. General Terms:

a. These terms are made and must be construed under English law and any disputes arising from them or from the Contract will be subject to the exclusive jurisdiction of the courts of England and Wales.

b. All charges, fees, premiums and any other sums referred to herein or arising herefrom are stated net of Value Added Tax but are subject to VAT or the like at the rate or rates prevailing at the time of any transaction. VAT is not chargeable on the hammer price unless otherwise stated.

c. We will hold your personal data according to the data protection principles which are set out in the Data Protection Act 1998, as such may be amended from time to time. We will retain and use such data for the purposes envisaged by these terms and conditions and in order to keep you informed of our business activities, unless you request us not to do so. We will not pass your details to any third party other than our own bank and/or professional advisers under conditions of confidentiality, unless required to do so by law. Auctions may be recorded by us as may telephone calls.

d. We retain copyright in all images and written and other materials prepared by us, which may not be used by you without our prior written consent.

 

TERMS AND CONDITIONS FOR AUCTION VENDORS

1. These Terms and Conditions apply to all transactions relating to the consignment of items by a vendor (referred to as “you”) for sale at auction by The Pedestal Limited, trading as The Pedestal (referred to as “we”), and may not be varied unless agreed in writing in advance by one of our directors.

2. When you contact us with a view to offering one or more items for consignment at auction, we will provide you with our estimate of potential sale values. Estimates are given after due consideration and to the best of our knowledge and experience, but cannot be taken as a guarantee or statement of value. It may be necessary for us to vary an estimate given “unseen” from images or after initial inspection once we have the chance to inspect fully and research the item.

Estimates will be published in our auction listings. If you do not agree with our proposed estimate, or if we feel that an item offered by you is not suitable for sale by us, the consignment will not proceed and any lots already delivered to us will require to be collected as if they were unsold lots (see 14 below).

3. Once an estimate is agreed we will provide you with a contract (“Contract”) setting out the agreed terms, including the estimate, the reserve if any (see 8 below) and our charges.

4. By signing the Contract, you appoint us as your agent pursuant to these terms and conditions, warrant and undertake that you have the right and title so to do and that the sale of the item will not breach any applicable law or regulation and that any relevant tax and duties on the import of the item or otherwise have been paid, and indemnify us and our buyer/s, if any, against any breach of this warranty and undertaking. We reserve the right to ask new clients for identification and proof of address.

5. We will charge a vendor’s fee at rates depending on the object and its estimated value.

6. All lots will be illustrated in our catalogue online, for which we will charge a fee per lot which will be specified in the Contract. If the lot is sold by us at auction copyright in the illustration/s will be retained by us and we may publish the image for our marketing purposes. If the lot is unsold copyright will pass to you provided that the illustration fee and other charges owed to us have been paid, provided that we also retain the right to use the image/s for research, marketing and cataloguing purposes.

7. A deadline for delivery of items for consignment, which will be at your cost and risk, will be specified in the Contract. We are happy to provide details of a reputable carrier upon request.

8. The Contract will also specify the reserve which has been agreed with you, as well as any agreed discretion which you have agreed to allow us to accept bids below the reserve. The reserve will not be notified to potential bidders. The reserve will be no higher than the lower estimate. We are allowed to accept bids below the reserve provided that we account to you at no less than you would have received had the winning bid been at the reserve.

9. You may not bid or authorise or allow anyone else to bid on your behalf, on your own items, provided that we may (but are not obliged to) bid on your behalf up to the level of the reserve, but not beyond.

10. Provided that you have agreed to pay us the loss and damage warranty fee for each item specified in the Contract which is calculated at 1.5% of the lower estimate, we will take responsibility for loss or damage caused to such items whilst they are in our possession. The valuation of the item in such event will be the lower estimate before the sale, the hammer price after the sale or if unsold the lower estimate. We cannot, however accept responsibility for any loss or damage however caused relating to wear and tear, warping or shrinkage, woodworm or other such pest, or to any item which has been specified as “Fragile” in the Contract.

11. You are entitled to withdraw any item before the sale upon notice to us in writing, provided that you will pay us a fee of 50% of what would have been our buyer’s and seller’s fees based on the lower estimate if the withdrawal is after the lot has been catalogued, and 100% of such amount if the withdrawal is within one week of the sale date, together with any additional fees and charges to cover any costs incurred by us due to the withdrawal.

12. You agree that we are entitled to deduct from any amounts received by us (a) the buyer’s premium, (b) the vendor’s fee and charges referred to in these terms and conditions (c) any VAT or the like required to be deducted under applicable law and (d) any interest earned on the proceeds of sales between the date on which we are paid and the date on which we account to you.

13. In certain circumstances, including deliberate forgery, the buyer is entitled to rescission of the purchase contract and refund of sums paid. Under such circumstances you agree that we have the right, without limitation, to withhold all sums otherwise due to you, or if we have already accounted to you, to recover all sums paid to you. If you disagree with our cataloguing of any of your items please inform us immediately, failing which you are deemed to have approved such cataloguing.

14. Any items unsold at auction must be collected at your expense from such address as we inform you no later than 14 days of the sale date unless alternative arrangements have been agreed, failing which we will have the right to charge you storage and unsold lot charges and/or to arrange delivery of your item/s at your expense and/or sell the item at auction including a third party auction in order to defray the cost of such charges.

15. If we are made an offer after the sale by a potential purchaser of an item of yours which was unsold at the sale, we are entitled to conclude a sale by private treaty, provided that the amount you receive net of vendor’s fees is no less than you would have received if the item had sold at reserve level at the sale, unless you have at the time of such offer already indicated to us that you wish the item to be returned to you. If the after-sale offer is such that you would receive an amount lower than if the item had sold at the reserve, we will conclude such a sale only with your prior agreement.

16. We will not release your item/s to any purchaser until we have been paid in full, which includes all relevant charges and premiums.

17. We will account to you for all sums owed, which will be net of all fees and charges owed to us by you on this or other transactions, within 21 days of the sale date, provided that we have paid in full by the purchaser by such date. If the purchaser has not so paid we may take legal steps against them subject to agreement with you including as to costs, but we reserve the right to rescind the sale and deem the lot to be unsold. Under some circumstances the purchaser may have the right to cancel a purchase made after the sale for a certain period after delivery, and in such circumstances we will account to you only after the expiry of such time period. Settlement will be by bank transfer unless otherwise agreed, and must be made to an account in your name which you have notified to us in the Contract. We are not obliged to investigate the credit-worthiness or bona fides of any bidder or purchaser and nor are we obliged to enforce any rights which we may have against any such bidder or purchaser.

18. General Terms:

a. These terms are made and must be construed under English law and any disputes arising from them or from the Contract will be subject to the exclusive jurisdiction of the courts of England and Wales.

b. All charges, fees, premiums and any other sums referred to herein or arising herefrom are stated net of Value Added Tax but are subject to VAT or the like at the rate or rates prevailing at the time of any transaction.

c. We will hold your personal data according to the data protection principles which are set out in the Data Protection Act 1998, as such may be amended from time to time. We will retain and use such data for the purposes envisaged by these terms and conditions and in order to keep you informed of our business activities, unless you request us not to do so. We will not pass your details to any third party other than our own bank and/or professional advisers under conditions of confidentiality, unless required to do so by law.

d. Auctions are conducted according to our discretion and that of our auctioneer. We may refuse any bid, alter the order of lots and/or the bidding in such way as we think best, withdraw any lot, reopen bidding after the hammer has fallen, determine who is the successful bidder, cancel the sale of any lot or otherwise regulate the auction and all associated proceedings as we deem most appropriate. Our decision in relation to any dispute relating to bidding which may arise during or after the auction is final. We may (but are not obliged to) offer bidding in person, by commission bids left with us in advance of the auction, by telephone, or online via our own or a third party platform. We will not in any event be liable for any failure to take a bid whether caused by breakdown of communications technology or otherwise.

   

TERMS AND CONDITIONS FOR FIXED PRICE PLATFORM PURCHASERS

1.These Terms and Conditions apply to all transactions relating to the purchase of an item (referred to as an “Item”) by a buyer (referred to as “you”) which we have offered to you for sale on a fixed price selling platform which may be hosted on our own website thepedestal.com and/or elsewhere including on one or more third party aggregator websites (in each case, referred to as the “Platform”) by The Pedestal Limited, trading as The Pedestal or On The Pedestal (referred to as “we” or “us”), and may not be varied unless agreed in writing in advance by one of our directors.

2. We can be contacted via our website by using the form at https://www.thepedestal.com/contact-us, by email on info@thepedestal.com, by telephone on +44 20 7281 2790 or by mail to The Pedestal Limited, PO Box 61367, London N19 9DU.

3. We act as agent for the seller whose identity we will not disclose, unless otherwise stated.

4. When we offer Items for sale on the Platform, we will always include a description of the Item. Upon request we will also supply a condition report, which will be based on a visual inspection of each lot without disassembly or further investigation of physical condition, and on information available to us at the time. All information is provided after due consideration and to the best of our knowledge and experience, but cannot be taken as a statement of fact, a guarantee or statement of value or a guarantee or statement that mechanical or electrical parts are functioning correctly or at all.

5. All measurements provided are approximate. Colours of any image depicted in any printed catalogue, on our website or otherwise may not appear the same as colours perceived on physical inspection.

6. All Items will be available for viewing in person by arrangement with you. We always recommend inspection in person. Items may be antiques and are sold with faults and imperfections. Before deciding to purchase you should ensure that you are satisfied with their condition.

7. We will be happy to assist you with delivery by recommending one or more carriers who we consider to be reputable and experienced in shipping objects of value. An Item which has been collected from our warehouse by you or by a carrier or other party acting on your behalf is deemed to have been delivered to you by us at the time of such collection.

8. We cannot take responsibility for advising you on any import/export issues including without limitation CITES or the like, and customs and import fees and the like. We recommend that you acquaint yourself with any relevant issues before deciding to purchase any Item and are happy to refer you to an adviser who we consider to be reputable.

9. Payment for each Item which you have purchased is due immediately if you purchase on the Platform and in any event no later than 7 calendar days after we have agreed the purchase with you. Payment can be made only by you as the purchaser and not by a third party on your behalf. Payment instructions will be given on the relevant invoice or invoices. A credit card surcharge will be applied where relevant.

10. No Item will be released and legal title will not pass to you until we have received due payment in full of all sums owed to us by you. Risk in any Item will pass to you on the earlier of collection of the Item by you or on your behalf, or the due date for payment for such Item.

11. If you fail to make due payment for any Item we may, at our discretion and without limitation to other available remedies, charge you interest at the rate of 12% per annum; bring legal proceedings against you for the unpaid sum and all associated fees and costs including professional fees (“Unpaid Sums”); retain and sell ourselves or otherwise any other Items held by us which are your property or any sums otherwise payable by us to you and use such proceeds or sums to defray the Unpaid Sums; cancel the purchase, offer the Item for sale either on the Platform or at auction and claim any shortfall and any associated costs from you; and/or pass your identity and contact details to the seller so that they can pursue legal remedies against you directly.

12. If you are purchasing from the Platform as a consumer, you have certain legal rights to cancel an agreement with us under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. This means that during the time set out below, if you decide for any reason that you do not want to receive or keep an Item which you have agreed to purchase, you can notify us of your decision to cancel the purchase and receive a refund. Your legal right to cancel a purchase starts from the date on which the purchase is agreed and ends 14 days after the day on which you took delivery of the Item under the terms of clause 7 above. In these circumstances we will refund you the price you paid for the Item, subject to any reduction in the value of the Item caused by any condition issues which have occurred since the time when you took delivery. We will make any such refund promptly (and in any event within 14 days) once we have received the Item back from you.

13. If you return any Item under circumstances where we agree that it has been mis-described we will refund the purchase price together with any delivery charges which you have reasonably incurred.

14. We will make any refunds to you either on the credit card or debit card used by you to pay, or to the bank account from which you paid, as the case may be.

15. General Terms:

a. These terms are made and must be construed under English law and any disputes arising from them or from any agreement will be subject to the exclusive jurisdiction of the courts of England and Wales.

b. All sums referred to herein or arising herefrom are stated net of Value Added Tax but may be subject to VAT or the like at the rate or rates prevailing at the time of any transaction.

c. We will hold your personal data according to the data protection principles which are set out in the Data Protection Act 1998, as such may be amended from time to time. We will retain and use such data for the purposes envisaged by these terms and conditions and in order to keep you informed of our business activities, unless you request us not to do so. We will not pass your details to any third party other than our own bank and/or professional advisers under conditions of confidentiality, unless required to do so by law.

d. All transactions are conducted according to our discretion. We may refuse to accept an offer from any potential purchaser and otherwise regulate the Platform and all associated proceedings as we deem most appropriate. We may host the Platform on our own website or on any third party site and may (but are not obliged to) accept offers to purchase in person, by telephone, or online via our own or a third party Platform. We will not in any event be liable for any failure to register or accept any offer whether caused by breakdown of communications technology or otherwise.

e. All warranties, conditions or other terms otherwise implied by applicable law are excluded to the fullest extent permitted by law. Where an Item is sold to you as a consumer your statutory rights are not affected.

f. Except in respect of death or personal injury caused by our negligence, we shall not be liable to you by reason of any representation or any implied warranty, condition or other term or duty at common law for any consequential loss or damage, including costs and expenses or other claims for consequential compensation whatsoever (and whether caused by our negligence or the negligence of our employees or agents or otherwise) which arise out of or in connection with the supply of any Item or their use or resale by you.

g. Subject to clause g our total liability to you in respect of all losses arising under or in connection with an agreement to purchase, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price paid for the Item in question.

 

TERMS AND CONDITIONS FOR FIXED PRICE PLATFORM VENDORS

1. These Terms and Conditions apply to all transactions relating to the offering and consignment of items by a vendor (referred to as “you”) for sale on a fixed price selling platform which may be hosted on our own website thepedestal.com and/or elsewhere including on one or more third party aggregator websites (in each case, referred to as the “Platform”) by The Pedestal Limited, trading as The Pedestal or On The Pedestal (referred to as “we” or “us”), and may not be varied unless agreed in writing in advance by one of our directors.

2. When you offer us one or more items for consignment on the Platform (an “Item”), we will provide you with our proposal of Asking Price and Minimum Sale Price, where “Asking Price” is the price listed for each Item on the Platform, and “Minimum Sale Price” is the price below which we will not sell the Item without your prior approval (subject to paragraph 16 below). Pricing proposals are given after due consideration and to the best of our knowledge and experience, but cannot be taken as a guarantee or statement of value. It may be necessary for us to vary any proposal which is given “unseen” from images or after initial inspection once we have the chance to inspect fully and research the Item.

3. If we do not think that the Item is appropriate for listing on the Platform, or if you do not agree with our pricing proposal, the consignment will not proceed and any Item already delivered to us will require to be collected from us under the terms of paragraph 15 below within 14 days of you being so notified, unless you and we instead agree to a consignment of the Item for auction.

4. Once a pricing proposal is agreed we will provide you with a contract (“Contract”) setting out the agreed terms including the Asking Price, the Minimum Sale Price, and our fees and charges (“Charges”). The Contract will also specify the “Initial Period” for consignment and subsequent “Renewal Periods”, which will each be 6 months unless otherwise agreed, beginning with the date on which the item is listed for sale on the Platform.

5. By signing the Contract, you appoint us as your agent pursuant to these terms and conditions, warrant and undertake that you have the right and title so to do and that the sale of the Item will not breach any applicable law or regulation and that any relevant tax and duties on the import of the Item or otherwise have been paid, and indemnify us and our purchaser/s, if any, against any breach of this warranty and undertaking. We reserve the right to ask new clients for identification and proof of address.

6. We will charge a vendor’s fee of 30% of the first £50,000 of the realised price of each item, and 25% of any portion of such realised price which is above £50,000. We will also charge a Listing Fee to cover cataloguing, illustrations, loss and damage, and storage. The Listing Fee for the Initial Period will be 3% of the Asking Price of each item, and a further 1% of the Asking Price for each Renewal Period. We will not charge a purchaser’s fee.

7. All Items will be fully catalogued and illustrated on the Platform and condition reports will be available upon request to potential purchasers. If the Item is sold by us, copyright in the illustration/s will be retained by us and we may publish the image for our marketing purposes. If the Item is returned to you unsold, copyright will pass to you provided that all Charges owed to us have been paid, and provided that we also retain the right to use the image/s for research, marketing and cataloguing purposes.

8. A deadline for delivery of Items for consignment, which will be at your cost and risk, will be specified in the Contract. We are happy to provide details of a reputable carrier upon request.

9. We will take responsibility for loss or damage caused to such Items whilst they are in our possession unless the Contract specifies otherwise. The valuation of the Item in such event will be the Asking Price before sale, or if the Item has been sold and if lower, the actual sale price, net in either case of what would have been our Charges. We cannot, however accept responsibility for any loss or damage however caused relating to wear and tear, warping or shrinkage, woodworm or other such pest, or to any Item which has been specified as “Fragile” in the Contract.

10. You may be asked to pay Listing Fees in advance as part of any agreement for an Initial or any Renewal Period.

11. You are entitled to withdraw any item at any time upon notice to us in writing, provided that we have not at the time of receiving your notice received an offer to purchase the item, and provided that (a) if the withdrawal is during the Initial Period you will pay us a withdrawal fee equal to 100% of what would have been our Charges based on the Asking Price, or (b) if the withdrawal is received within a Renewal Period you will pay us a withdrawal fee equal to 50% of such Charges. Items withdrawn at the expiry of an Initial or a Renewal Period will not be subject to a withdrawal fee.

12. Notwithstanding paragraph 11 above, if at any time after consigning an item to us you agree to sell such an item to a purchaser who had previously made an enquiry regarding such item to us, we will be entitled to charge you a fee equal to 100% of what would have been our Charges based on the Asking Price for such item at the time of such enquiry.

13. You agree that we are entitled to deduct from any amounts received by us (a) our Charges referred to in the Contract and/or in these terms and conditions (b) any VAT or the like required to be deducted under applicable law and (c) any interest earned on the proceeds of sale between the date on which we are paid and the date on which we account to you.

14. In certain circumstances, including deliberate forgery, the purchaser is entitled to rescission of the purchase contract and refund of sums paid. Under such circumstances you agree that we have the right, without limitation, to withhold all sums otherwise due to you, or if we have already accounted to you, to recover all sums paid to you. If you disagree with our cataloguing of any of your items or with the contents of any condition report please inform us immediately, failing which you are deemed to have approved such.

15. Any item unsold at the expiry of the Initial or any Renewal Period must be collected at your expense from such address as we inform you, no later than 14 days after such expiry date, unless we have both agreed to continue the consignment or unless alternative arrangements have been agreed, failing which we will have the right to charge you storage charges and/or to arrange delivery of your item/s at your expense and/or sell the item at auction including a third party auction in order to defray the cost of such charges.

16. If we are made an offer by a potential purchaser of an item which is below the Minimum Selling Price, we are entitled to accept such offer provided that the amount you receive net of Charges is no less than you would have received if the item had sold at the Minimum Selling Price.

17. We will not release your item/s to any purchaser until we have been paid in full.

18. Sums received by us from purchasers will be held by us on trust for you and other vendors (as the case may be) in a segregated account, subject to deduction of Charges to which we are entitled.

19. We will account to you for all sums owed, which will be net of all fees and charges owed to us by you on this or other transactions which you and we may have engaged in, within 28 days of the date on which we have paid in full by the purchaser. If the purchaser has not so paid within what we consider to be a reasonable time, we may take legal steps against them subject to agreement with you including as to costs, but we reserve the right to rescind the purchase. Under some circumstances the purchaser may have the right to cancel a purchase made after the sale for a certain period after collection or delivery, and in such circumstances we will account to you only after the expiry of such time period. Settlement will be by bank transfer unless otherwise agreed, and must be made to an account in your name which you have notified to us in the Contract. We are not obliged to investigate the credit-worthiness or bona fides of any potential purchaser and nor are we obliged to enforce any rights which we may have against any such potential purchaser.

20. General Terms:

a. These terms are made and must be construed under English law and any disputes arising from them or from the Contract will be subject to the exclusive jurisdiction of the courts of England and Wales.

b. All Charges and any other sums referred to herein or arising herefrom are stated net of Value Added Tax but may be subject to VAT or the like at the rate or rates prevailing at the time of any transaction.

c. We will hold your personal data according to the data protection principles which are set out in the Data Protection Act 1998, as such may be amended from time to time. We will retain and use such data for the purposes envisaged by these terms and conditions and in order to keep you informed of our business activities, unless you request us not to do so. We will not pass your details to any third party other than our own bank and/or professional advisers under conditions of confidentiality, unless required to do so by law.

d. All transactions are conducted according to our discretion. We may refuse to accept an offer from any potential purchaser and otherwise regulate the Platform, any consignment, listing and any potential transaction and all associated proceedings as we deem most appropriate. Our decision in relation to any dispute relating to any item or transaction which may arise during or after any consignment is final. We may (but are not obliged to) host the Platform on our own website or on any third party site and may accept offers to purchase in person, by telephone, or online via our own or a third party Platform. We will not in any event be liable for any listing or failure to list any Item or to register or accept any offer whether caused by breakdown of communications technology or otherwise.