Welcome to Auctionair™.
Please note "we" or "us" means Auctionair
Limited and "you" means the entrant submitting a bid for a specific item
in our catalogue or shown on our website
1. Eligibility & Sealed Nature of bids
1.1 All information
concerning bid levels is kept secret for the duration of the auction in question
and will not be disclosed to any member of the public until the auction has closed.
1.2 We will make the results of the auction
available from the results page of the website within 48 hours of the auction close.
1.3 In order to participate in Auctionair™ you must be over
18 years old and be able to form a legally binding contract. If you do not qualify
under these Terms and Conditions please do not participate in Auctionair™.
We reserve the right to refuse your participation in Auctionair™ if we find
that you are participating in breach of these Terms and Conditions.
1.4 Auctionair auctions are not open for members of the company
2. Bidding, Buying and Withdrawal
2.1 You must
complete all sections of the entry form, pay your entry fee and clearly set out
the bid that you wish to place.
2.2 You may submit further bids, although you must pay an
additional entry fee for each bid and the previous entry fee will not be refunded.
2.3 We reserve
the right to withdraw any item not sold two weeks after the auction closing date
or in the event that we receive less than the specified required
number of bids in total for that item. Any bids placed for an item that has been
withdrawn for these reasons will qualify for a full refund.
2.4 We will notify the winner within 7 working days of the end
of an auction cycle. We reserve the right to publicise successful bids. Winning
bids will be available via the Auctionair™ website www.auction-air.co.uk
2.5 We reserve the right in our absolute
discretion to withdraw items from our brochure or website and/or to substitute alternative
items and to increase the number of items available in each Lot and/or amend the
descriptions at any time.
2.6 We reserve the right to award the
to the lowest unmatched bid received.
2.7 In the event of there being no unmatched bids, we reserve
the right to award the
to the lowest paired bid received first.
2.8 We will
not cover delivery charges unless otherwise stated. Any import duties or taxes will
be the responsibility of the buyer.
2.9 For any item requiring delivery, unless otherwise
stated, please allow 30 days from the date that we receive payment.
2.10 Unless otherwise stated, all holiday or weekend
reservations must be made giving a minimum of 30 days notice. Under certain circumstances,
shorter notice reservations may be possible, but we reserve the right to apply premium
charges in these instances.
2.11 If insufficient bids have been placed within 4 months of the auction
start date, then we reserve the right to cancel the auction in which case entry
fees will be refunded in full.
2.12 Within any one auction cycle, no one person or group of persons seeming
in our absolute discretion to be acting together, may place more than the stated
maximum number of bids per person for any one Lot. In cases where more than the
stated maximum number of bids are placed, those bids will be ignored and any entry
fee charged for those ignored bids, will be refunded in full.
3. Fees and Proceeds of Sale
3.1 In consideration
of entry, an entry fee is payable as set out in this web site.
3.2 The entry
fee shall be payable by credit or debit card (the details of which must be given),
or by cheque. Your submission of these details is authorisation to us to withdraw
this money from your account.
3.3 Each entry
will be treated as a request to place a bid (or bids) and fees to do so will only
be processed at the end of each working day. In our absolute discretion, we reserve
the right refuse any bid requests that we deem to be outside these terms & conditions
and therefore not to process the proposed payment.
3.4 If you
are declared a winning bidder in respect of any specific item, we shall notify you
via the contact details you have provided.
3.5 After we have informed you of
a winning bid you will then have 24 hours to decide whether you wish to go ahead
with your winning bid at the price you have offered.
3.6 If after we have informed you
that you bid has won and if you decide you do not wish to purchase, no further
action will be required by you. If we have not heard from you within 24 hours of
notifying you by telephone, email, or by leaving a recorded message, we reserve
the right to assume you will not accept.
3.7 If after we have informed you that your bid has won and you
confirm to us within 24 hours that you do wish to go ahead with a purchase then payment for the item shall be due within five days
from your decision.
3.8 If you do confirm to us that
you wish to proceed with a winning bid then you will be making a binding commitment
to pay the amount you have offered.
3.9 Unless otherwise agreed payment
for winning bids must be made by cheque, bankers draft or bank transfers.
3.10 We reserve the right to make
interest charges in respect of late payment..
3.11 Refunds after payment for winning
bids shall be made only in the event that supply of the item is not fulfilled or
cannot be fulfilled by Auctionair or by the supplier of the lot.
3.12 You can cancel your bid within seven days of submitting it
and we will refund your entry fee. The winner shall be entitled to reject their
bid. You may withdraw your bid at any time prior to the bids being considered,
but in this situation we will not refund your entry fee.
4. Personal details
4.1 We are
registered with the UK Data Protection Registrar. We take the security of your personal
data seriously and will try to ensure that it is not disclosed to any third party
without your consent.
4.2 By completing
and submitting the Auctionair™ entry form, you consent to us using your personal
data for the following purposes: (i) performance of these Terms and Conditions by
us, our suppliers and any third party acting on our behalf; (ii) our own internal
marketing and promotion.
5. Warranty and Liability
5.1 We make
no warranty concerning the quality, availability or fitness for purpose of any items
listed or shown in our website or promotional literature.
5.2 In no
event shall we be liable for any indirect losses incurred or suffered by you arising
directly or indirectly from your participation in Auctionair™ howsoever arising
6.1 We reserve the right, in our absolute discretion,
to reject any entry forms and accept no liability in that regard.
6.2 Nothing in this agreement will be construed
as excluding or restricting (whether directly or indirectly) our liability for death
or personal injury caused by our negligence or for fraudulent misrepresentation.
Subject to the foregoing, our liability to you shall be limited to the value of
the amount of entry fee and purchase price paid to us whether caused by caused by
breach of contract or tort, including negligence or otherwise.
6.3 To the maximum extent permitted by law, all
warranties and representations of any kind in relation to the accuracy of the description
or estimated value of the Lot shall be excluded. We undertake no obligation to investigate
or carry out any test in sufficient depth on each Lot to verify the accuracy or
otherwise of the description given and you should not place any reliance on such
descriptions or assume that such investigations have taken place. Accordingly we
will not be liable for any misstatement, error or omission from the description
of any lot.
6.4 We reserve the right to review and revise our
terms and conditions from time to time without giving you prior notice and by participating
in the auction subsequent to any revision of our terms and conditions, you agree
to be bound by such changes.
party may terminate this contract in the event that the other party commits a material
breach of these Terms and Conditions, and does not rectify within 30 days of receipt
of a written notice.
8. General terms
8.1 This agreement
is not intended to create any partnership, agency or joint venture.
terms and conditions represent the entire agreement between us.
8.3 Any notices
that are required to be given to us, shall be addressed to our registered office,
or to you at the address given on the entry form.
8.4 In the
event of any dispute, both parties shall agree to refer the matter to an independent
expert who shall act as mediator. Mediation shall be a precursor to, but shall not
prevent, proceeding with legal action.
8.5 Auctionair Limited is a company registered under the laws of
England and Wales under company number 4146549.
PO Box 2531