Auction Terms & Conditions

View all Terms & Conditions here

AUCTION TERMS

Last Updated March 2022

 

1. DEFINITIONS


1.1 Auction Period means the period in which the Lot is available on the Website for sale.


1.2 Bidder refers to any registered member who participates in an auction via this Website by submitting a bid.


1.3 Buyer is the Bidder who has made the highest value bid for the relevant Lot at the time the auction closes.


1.4 Confirmation Email means the email that we will send to you, notifying you that your bid has been successful and containing any particulars of sale.


1.5 Goods means any collectable items provided to us to sell (including but not limited to, watches (and associated paraphernalia, possibly including a box and paperwork, straps, and/or accessories), clocks, and any other items).


1.6 Intellectual Property Rights means all intellectual property rights wherever in the world arising, whether registered or unregistered (and including any application), including copyright, know-how, confidential information, trade secrets, business names and domain names, trademarks, patents, petty patents, utility models, design rights, database rights and all rights in the nature of unfair competition rights or rights to sue for passing off.


1.7 Payment Period means the period within which a Buyer must transfer payment to us or the Seller as applicable, as communicated in the Confirmation Email.

1.8 Lot means any Goods offered for sale via auction on the Website.


1.9 Reserve is the minimum price a Seller would accept for the Lot.


1.10 Seller means the individual or company who offers the Lot.


1.11 Services are the online auction services (and any complementary services) which we make available through the Website to users.


1.12 We, us, our means A Collected Man Limited, registered in England and Wales under company number 08929257 and VAT number GB220124048.


1.13 Website is www.acollectedman.com (as amended from time to time).

 

2. ABOUT US


2.1 We operate the Website and provide the Services to users of our Website who wish to buy Lots.


2.2 You can contact us by telephoning our customer service team at +44 20 31799599 or by writing to us at enquiries@acollectedman.com.


3. AGREEMENT TO TERMS


3.1 Anyone may browse our Website. In order to use our Services, however, you must register as a member in accordance with paragraph 5.

3.2 These Auction Terms, together with the Website Terms of Use, Cookie Policy and Privacy Notice, (collectively the “Terms”), set out the terms which govern your use of this Website and our Services. You should read all of the Terms prior to using the Website.


3.3 If you register on our Website to become a member, you must actively accept and/or acknowledge the Terms. By participating in an auction via the Website, you are also deemed to have agreed to the Auction Terms.


4. VARIATIONS


4.1 We may from time to time vary these Auction Terms. Please check these Auction Terms regularly to ensure that you are aware of any variations made by us. If you continue to use this Website, you are deemed to have accepted the Auction Terms in force at the time of use. If you do not agree to these Auction Terms, you should not use this Website.


4.2 We reserve the right from time to time, without prior notice, to:


a) change the Website;


b) stop providing the Website, or features of the Website, to you or to members generally or create usage limits for the Website.


c) permanently or temporarily terminate or suspend your access to the Website, without liability, if in our sole determination you violate any provision of these Auction Terms.


5. REGISTRATION


5.1 In order to be permitted to bid on a Lot, you must first register as a member of the Website.


5.2 You may only register an account if: (a) you are over 18 years old; and (b) possess a valid debit or credit card (or are authorised to pay via another of our accepted methods of payment).


5.3 You can register by creating an account and then following these steps, which are also outlined on our Website:


a) within your account there is an “Auctions” section where you will need to agree to the Terms;


b) you will then be automatically directed to an “Identification Verification” section, which is powered by our verification partner. In order for us to verify your identity, you must have a valid form of identification ready;


c) with your valid form of identification, you can then complete the verification process either on a desktop computer or a mobile phone. You must upload an image of your identification and complete a selfie-check (details of which will be provided on the Website as you complete the process). Once these steps are complete, the Identification Verification can be submitted.


5.4 You must keep your chosen password and any information provided to us as part of our security procedures, confidential. You must not disclose such information to any third party (with the exception of those authorised to access your account on your behalf). If you know or suspect that anyone other than you or the authorised users know your password, you must promptly notify us at enquiries@acollectedman.com.


6. THE SELLER


6.1 We may sell our own Lots from time to time, and we also facilitate the sale of Lots by third parties. If the Lot is owned by us, we will be the Seller. If the Lot is owned by a third party, the third-party owner of the lot will be the Seller, whose identity may not be disclosed.


6.2 Where a third party is the seller, we will be selling that Lot as the agent of the Seller. This means that we are providing services to the third-party Seller to help them sell their Lot and that we are concluding the contract for the sale of the Lot on behalf of that third-party Seller. The contract created by any successful bid by you for a Lot will therefore be directly between you and the Seller, and not between you and us. We will, however, indicate where you are contracting with a private Seller by inserting a Δ symbol on the Lot.


7. BIDDING ON A LOT


7.1 If you are considering placing a bid for a particular Lot, you are responsible for reading the description of the Lot carefully before making a bid. If you have any questions regarding the Lot you should raise this directly with us prior to bidding.


7.2 The images of the Lot on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that the display of the colours on your computer or device accurately reflects the true colour of the Goods in the Lot.


7.3 You acknowledge that once you place a bid on a Lot, you are making an irrevocable offer to purchase that Lot and are committing to pay the Seller the amount entered in as your bid.


7.4 We may, at any time, suspend your ability to place bids via the Website if we have reason to believe that you have not complied with these Auction Terms, including but not limited to, bidding on Lots and failing to pay in full sums payable by you in relation to Lots in respect of which you are the Buyer.


8. ONLINE AUCTION PROCESS


8.1 The opening and closing date and time of the auction for each Lot shall be solely determined by us in our sole discretion.


8.2 Each bid submitted by a Bidder shall be final and legally binding as soon as it is submitted to the Website and may not be withdrawn.


8.3 We shall be entitled to rely on all bids submitted from a member’s account during the Auction Period. A Bidder must submit the highest offer at the time the auction closes in order to win the Lot. If you place a bid, which is subsequently beaten, you will not be awarded the Lot unless you subsequently increase your bid and are the highest bidder at the time the auction closes.


8.4 After the expiry of the Auction Period, we shall notify the Buyer (if applicable) with details of the sale results of the Lot.


8.5 Bidders acknowledge and agree that where the Lot is sold by a Seller other than us, we disclaim all liability arising from the Lot sold (as further set out below in paragraph 16.6).


8.6 Access to the Website and/or the Services is not guaranteed, and we reserve the right to suspend or terminate any aspect of the Services at any time and without notice. Without limiting the foregoing, we may suspend access to the Website or the Services to carry out scheduled or unscheduled maintenance.


8.7 We accept no liability for any failure or delay in executing bids or for any errors contained in bids placed via the Website.


8.8 We provide the Services and the Website "as is" and without any warranty or condition, express, implied or statutory. Without limiting the foregoing, we accept no liability for any failures, delays or errors caused by interruptions in the availability of the Website or the Services or any errors or defects in their content or functionality, any software and/or hardware defects (whether yours or ours) and/or any internet connection problems (whether yours or ours), and we do not represent or warrant that the Services will be error-free, free of viruses or other harmful components, or that any defects will be corrected.


9. CONSUMER RIGHT TO CANCEL


9.1 If you live in the UK, Channel Isles, Isle of Man or European Union, and we subsequently inform you that your bid was successful, you may have (with certain exceptions) the right to cancel the contract in respect of the Lot if you change your mind (“Right to Cancel”).


9.2 This Right to Cancel (if you are so entitled) starts from the date of the Confirmation that your bid was successful and ends fourteen (14) days after the date on which you have received the Lot which is the subject of the successful bid.


9.3 You will not have a Right to Cancel where you live outside the UK, Channel Isles, Isle of Man or European Union.


9.4 If you wish to exercise your Right to Cancel, you must notify us prior to the expiry of the 14-day cancellation period referred to above. You may do this by calling us at +44 20 3179 9599 or emailing us at enquiries@acollectedman.com. You may (but are not obliged to) do this by completing the cancellation form set out below and sending it to us by email or by post using the contact details provided above.


To: A Collected Man,

I hereby give notice that I cancel my contract of sale of the following products:
[insert name of Goods to be returned]
Ordered on [insert date of Order]
Order No: [insert relevant Order no]
Your name (or the customer’s name if different):
Your address (or the customer’s address if different):
Date:


9.5 If you exercise your Right to Cancel, you must return the Lot to us as soon as reasonably possible and in any event within fourteen (14) days of you notifying us that you are cancelling your contract with the Seller. To find out more about the steps you need to take if you wish to return a Lot to us, visit our FAQ page here.


9.6 If you exercise your Right to Cancel in accordance with these Auction Terms, we will refund you all payments received from you in respect of the cancelled Lot including the costs (if any) of outbound delivery paid by you (except for any supplementary costs arising if you chose a type of delivery other than standard delivery (e.g. if you select for your order to be a priority processed or requested delivery on a specific day)). We may make a deduction for use from any refund payable to you to take into account the loss in value of the rejected Lot if the loss is the result of unnecessary handling by you.


9.7 Except where the Lot is faulty or not as described, you are responsible for the costs of returning the Lot, unless we have notified you that we offer a free returns service.


9.8 Any refunds payable by us to you shall be paid to you using the same method used to pay and within fourteen (14) days of the earlier of the date that:

a) we receive the Lot back from you; or

b) you provide evidence that you have returned the Lot to us at the correct address,

provided the above cancellation conditions are met.


10. FAULTY GOODS


10.1 The Seller is under a legal obligation to supply Goods in conformity with the contract.


10.2 As a consumer, you have legal rights in relation to any Goods in the Lot that are faulty or not as described. These legal rights are not affected by your right of cancellation for convenience, our guarantee or anything else in these Auction Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.


10.3 Once delivered, you must inspect the Lot as soon as reasonably practicable, and inform us immediately, if any of the Goods in the Lot are faulty, or if the Lot is not as described.


10.4 If you wish to claim that any of the Goods in the Lot are delivered damaged, you are required to give notice of the damage and return the Lot, including any paperwork, boxes, links, user manual and service papers, within fourteen (14) days of delivery, failing which the Lot shall be deemed to have been delivered undamaged and in accordance with the delivery documents.


10.5 If, on inspection, and provided you comply with the return requirements, the Lot is found to be faulty, we will either: (a) agree to replace the Goods; (b) repair them; or (c) refund you for them, in part or in full.


10.6 We will make any reasonable deductions for ay wear and tear the Lot may have suffered whilst they were in your care. Paperwork has a significant impact on resale value and the sum repaid may be reduced by up to 30% if any paperwork is missing or damaged.


11. FEES


11.1 Lots which are delivered outside of the UK may incur duties and taxes. You will be liable to pay any customs duties and/or sales taxes that are relevant to your order. Please consult your local customs office if your Goods are being delivered to you from outside of the UK.


11.2 The bid amount of any successful bid does not include VAT or any other applicable taxes. We will provide you with the full price of the Lot, including taxes, in the Key Terms.


11.3 We may require a pre-authorisation payment, in which case we will notify you in advance.


11.4 Payments for all Lots must be paid in Pounds Sterling or such other currency as stated on a particular Lot, with all payments and refunds being issued in the same currency. It follows that if you convert Sterling from another currency, you take a currency risk on any refund issued to you, unless expressly agreed to the contrary in advance, in writing.


11.5 We accept payments by the following methods:


a) if you are based in the UK by CHAPS and BACS; or


b) if you are based outside of the UK, by international bank transfer, unless agreed in writing to the contrary.


11.6 The Buyer of the Lot shall be responsible for any delivery or collection costs and applicable sales taxes, registration fees, regulatory and electronic processing charges, inspection charges, emission testing charges, and any other fees required by law, any or all of which may be added to the listed price to arrive at the final sale price of a Lot.


11.7 Lots will not be dispatched to the Buyer until payment for the Lot has been received in full by us.


11.8 Ownership of a Lot will only pass to you when we receive full payment of all sums due in respect of that order, including delivery charges (if applicable).


11.9 If you do not transfer the sums payable to us by you within the Payment Period, we may collect sums owed to us by you by retaining collection agencies or legal counsel.


12. DELIVERY


12.1 A Lot will be delivered to the delivery address provided by you.


12.2 If we notify you that your bid has been successful, we will contact you to advise you as to the likely delivery date once the Lot has been paid for. This will vary according to your address, and the timeframe given is only an estimate provided in good faith. No liability will be accepted by us for any loss whatsoever suffered or caused through late delivery or non-delivery and time of delivery shall not be of the essence.


12.3 Risk of any damage to or loss of the Lot shall pass to you at the time of delivery.


12.4 A signature by a person aged 18 years or over is needed for receipt of the Lot at the delivery address. Any parcel that has been tampered with, or shows signs of damage, should not be signed for and delivery should be refused.


12.5 If no one is available at your address to take delivery, the carrier may attempt to redeliver the Lot and/or leave a note explaining that the Lot has been returned to the depot, in which case please contact them to re-arrange delivery or find out where the Lot can be collected from.


12.6 Alternatively, the Lot may be collected from a location of our choosing, in London, such as our bank, but only by appointment and with at least one working day’s notice. Delivery of the Lot will be completed when it has been delivered to the address given in your order, or it has been collected from us.


13. WARRANTIES


13.1 In this paragraph 13, “Watch” means any watch that forms a Lot listed for auction on our Website.


13.2 We guarantee the authenticity of all Watches that we list for auction on our website.


13.3 We provide a twenty-four (24) month warranty on either a full manufacturer’s warranty or limited warranty basis on every pre-owned Watch we list for auction as follows:


a) subject to sub-paragraph 13.3(b) below, the manufacturer’s warranty provides a warranty against manufacturing and/or mechanical defects (“Manufacturer’s Warranty”); or


b) under a limited warranty, given the age of the Watch, we cannot guarantee that the Watch will comply with the expected tolerances for timekeeping or that it will be suitable for use in wet environments or complete water submersion.


13.4 All warranties will be registered to the postal address provided to us by you. Please update us as soon as you change your home address, email address, and/or telephone number.


13.5 Our warranties do not cover the following risks: theft, loss, defects, arising out of normal wear and tear, damage caused by accidents or abuse and mistreatment or negligence on your part, including damage caused by failure to follow our instructions or the manufacturer’s instructions.


13.6 Our warranties do not cover wear to the watch strap, the glass, the clasp or cosmetic damage.


13.7 The warranty will be invalidated in the event that a third party carries out any tests or work on the Watch without our knowledge or consent.


13.8 Where you return your Watch to us and there is a valid claim against our warranty, if it is still covered by the Manufacturer’s Warranty, we reserve the right to proceed with the works through the Manufacturer’s Warranty first.

13.9 Where you have a valid claim against our warranty, we will, at our discretion, repair the Watch, with time not being of the essence for any works carried out under warranty.


13.10 We have absolute discretion as to the acceptance of any claim against the warranty. In the event of a dispute, we reserve the right to instruct an independent third-party watchmaker to determine the appropriate course of action. The decision of the independent, third-party watchmaker will be binding on both parties.


13.11 If you are based outside the UK, you are responsible for any and all charges, taxes, or customs duties that might be associated with returning your Watch to us and our subsequent return of the Watch to you.


13.12 You will be responsible for the cost of delivering your Watch to us and insuring your Watch in transit, when you send it back to us for inspection. If you are based in the UK, and you have a valid claim under the warranty, we will pay for the return of your Watch once the work has been completed.


13.13 The Watch will be your responsibility from the moment when it is returned to you, at the address given when you registered as a member on the Website.


13.14 The warranty is personal to you and non-transferrable.


13.15 To make a claim under a warranty, please contact us at

servicing@acollectedman.com.


14. TERMINATING YOUR ACCOUNT


14.1 If you are a consumer:


a) you agree that we will commence supplying the Services to you as soon as you accept these Auction Terms;


b) you can terminate your membership of this Website for any reason under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 within fourteen (14) days of registering with us. In such circumstances, we will be entitled to recover any fees owed for the Services provided up to the date of termination (if any);


c) and are currently a Bidder on an active Lot(s), you acknowledge that any termination in accordance with paragraph 14.1(b) above will not take effect until after the Auction Period in respect of those Lots has ended.


14.2 Otherwise, you may delete your account at any time in which you are not bidding on an active Lot by logging onto your account and reviewing your profile settings.


15. PRIVACY AND YOUR PERSONAL DATA


Your privacy and personal information are important to us. Any personal data that you provide to us will be dealt with in accordance with our Privacy Notice, which explains what personal data we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal data and how to contact us and your appropriate supervisory authority if you have a query or complaint about the use of your personal data.


16. LIMITATION OF OUR LIABILITY


16.1 If we fail to comply with these Auction Terms, we are only responsible for loss or damage you suffer that is a foreseeable result of our breach. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.


16.2 We only supply Goods for domestic and private use. Accordingly, if you use the Goods for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.


16.3 We will not be responsible for any delay or failure to comply with our obligations if the delay or failure arises from any cause which is beyond our reasonable control, including without limitation, acts of God, strikes, lock-outs or other industrial action by third parties, acts of local or central government or other competent authorities, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, collapse of buildings, accident, interruption or failure of utility services, interruption or failure of our website or IT system caused by third parties, or delays/non-performance caused by third parties including manufacturers, finance providers, the Royal Mail, FedEx or DHL (a “Force Majeure Event”).


16.4 If a Force Majeure Event takes place that affects the performance of our obligations: a) we will contact you as soon as reasonably possible; and b) our obligations under these Auction Terms will be suspended and the time for performance will be extended for the duration of the Force Majeure Event. Where the Force Majeure Event affects our delivery of Lots to you, we will arrange a new delivery date with you after the Force Majeure Event is over.


16.5 If we have reasonable grounds to suspect a fraudulent payment, whether by debit or credit card, we will neither dispatch any Lots, nor carry out any refunds, until authorised to do so by the relevant authorities.


16.6 Where we are not the seller of the Goods, our sole liability in respect of the Goods shall be to honour the warranty (if any) set out in paragraph 13. Otherwise, we will try to help facilitate any dispute you may have against the Seller in respect of the Goods.


16.7 Nothing in these Terms is intended to exclude or limit in any way our liability for any matter for which it would be illegal for us to exclude or to attempt to exclude or liability including:


a) death or personal injury caused by our negligence;


b) fraud or fraudulent misrepresentation;


c) breach of your legal rights including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us;


d) defective products under the Consumer Protection Act 1987.


17. COMPLAINTS: ONLINE DISPUTE RESOLUTION


17.1 If you are unhappy with the Website or any of our Services, please contact us at enquiries@acollectedman.com and we will seek to resolve your complaint internally. If you are unhappy with a particular Lot that you have purchased, please contact us at enquiries@acollectedman.com and we will liaise with the Seller.


17.2 If we are unable to resolve your complaint through our internal procedures, we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. If you live in the European Union, you may also seek recourse through the EU’s online dispute resolution platform. You can visit the platform at http://ec.europa.eu/consumers/odr. Please use enquiries@acollectedman.com as our contact address in the platform.


17.3 Otherwise, the courts of England and Wales shall have jurisdiction in accordance with paragraph 22.2.


18. ENTIRE AGREEMENT


18.1 These Auction Terms, Website Terms of Use, Privacy Notice and Cookie Policy and all policies posted on our Website constitute the entire agreement between Buyers and us and supersedes any previous agreements between Buyers and us relating to its subject matter in respect of your use of the Website and the Services.


18.2 You acknowledge that, in agreeing to these Auction Terms, you have not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in these Auction Terms.


19. THIRD PARTY RIGHTS


19.1 A person who is not a party to these Auction Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Auction Terms.


19.2 You may not resell, assign, sub-licence or otherwise transfer any of the rights under these Auction Terms without our prior written consent.


20. WAIVER


20.1 If we fail, at any time to insist upon strict performance of any of your obligations under these Auction Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these Auction Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.


20.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.


21. SEVERANCE


21.1 If any provision (or part of a provision) of these Auction Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.


22. GOVERNING LAW AND JURISDICTION


22.1 These Auction Terms and any disputes or claims arising out of or in connection with their subject matter are governed by and construed in accordance with the laws of England and Wales.


22.2 In registering as a member of the Services, you irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Auction Terms. Where you are a consumer, you may elect to bring a dispute or claim in your local court in England, Northern Ireland, or Scotland, but English law will apply.

 


16. WARRANTIES FROM YOU


16.1 You must provide an accurate description of the Goods you are selling to enable the prospective Buyers to make an informed purchasing decision. You must not, at any time, misrepresent the provenance, specification or any other details regarding the Goods.


16.2 You must ensure that the Lot or Goods correspond to their description, be of satisfactory quality and fit for purpose (within the meaning of the Sale of Goods Act 1979), as explicitly or implicitly held out by you, and that they are free from any defects in design, material or workmanship.


16.3 You warrant that:


a) all information that you have provided with us is true, accurate and complete;


b) you haven’t omitted or concealed any fact concerning the provenance, identity, history, quality, authenticity, or legal status of the Goods that might be regarded by a reasonable buyer as material;

c) the Goods are yours to sell, you are capable of transferring ownership of them to the Buyer and you are entitled to do so free from any charge, lien or adverse claim, or hire, hire purchase commitment or any other financial arrangement; and


d) the Goods and all accompanying documentation are original and genuine.


17. REMEDIES AVAILABLE TO US


17.1 In the event of any breach of the warranties set out in paragraph 16 above, we will have the right to reject the Goods, require you to provide a full refund for the price of the Goods, require you to repay any costs incurred by us in obtaining substitute items from a third party or to pursue all other remedies afforded by law.

17.2 You shall indemnify us on demand against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with any breach of the warranties contained in paragraph 16 or any third party claim against us in connection with the Goods provided by you.

17.3 We shall have a lien over the Goods, in order to secure payment by you, of any and all sums due, under any contract between us.

18. PRIVACY AND YOUR PERSONAL DATA

Your privacy and personal information are important to us. Any personal data that you provide to us will be dealt with in accordance with our Privacy Notice, which explains what personal data we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal data and how to contact us and your appropriate supervisory authority if you have a query or complaint about the use of your personal data.

19. LIMITATION OF OUR LIABILITY

19.1 Nothing in these Consignment Terms shall operate to exclude or limit our liability for:

a) death or personal injury caused by our negligence;

b) fraud; or

c) any other liability which cannot be excluded or limited under applicable law.

19.2 Subject to paragraph 19.1, we shall not be liable under or in connection with these Consignment Terms whether in contract or tort (including negligence) or otherwise for any (a) damage to software, (b) damage to or loss of data, profit, revenues, anticipated savings, goodwill or business opportunity; or (c) for any indirect or consequential loss or damage.

19.3 Subject to paragraph 19.1, our total aggregate liability for all claims arising out of or in connection with these Consignment Terms, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed the greater of (a) total aggregate value of all Commission paid or payable by you to us in the twelve (12) months prior to the action giving rise to the liability; or (b) £1,000.

19.4 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a consignment sale or auction that is caused by an Event Outside Our Control.

19.5 An “Event outside our Control” means any act or event beyond our reasonable control, including without limitation, acts of God, strikes, lock-outs or other industrial action by third parties, acts of local or central government or other competent authorities, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport, collapse of buildings, accident, interruption or failure of utility services, interruption or failure of our website or IT system caused by third parties, or delays/non-performance caused by third parties including manufacturers, finance providers, the Royal Mail, FedEx or DHL.

19.6 If an Event Outside Our Control takes place that affects the performance of our obligations under a consignment sale or auction: (i) we will contact you as soon as reasonably possible to notify you of the event; and (ii) our obligations under these Consignment Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.

19.7 We accept no liability in the event that we accidentally misquote a valuation given to you for your Goods, resulting in the Goods being offered at a price in excess of its value. We will endeavour to rectify this as soon as possible.

19.8 While we try to keep the Website safe and secure, we do not and cannot guarantee or warrant that the Website will be free from infection, viruses, worms, Trojan horses, or other code that manifests contaminating or destructive properties. We do not warrant or represent that the Website will be uninterrupted or error free.

19.9 All conditions, warranties or other terms concerning the Website, which might otherwise be implied into these Consignment Terms or any collateral contract (whether by statute or otherwise) are hereby expressly excluded to the fullest extent permissible by law.

19.10 If you have a dispute with any Buyer, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any such dispute.

20. COMPLAINTS AND ALTERNATIVE DISPUTE RESOLUTION

20.1 If you are unhappy with the Website or any of our Services, please contact us at enquiries@acollectedman.com and we will seek to resolve your complaint internally.

20.2 If we are unable to resolve your complaint through our internal procedures, we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

20.3 If any dispute arises in connection with these seller terms which cannot be resolved following our internal procedures, we agree to enter into mediation in good faith to settle such a dispute and will do so in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. Unless otherwise agreed between the parties within fourteen (14) days of notice of the dispute, the mediator will be nominated by CEDR.

20.4 Otherwise, the courts of England and Wales shall have jurisdiction in accordance with paragraph 26.2.

21. ENTIRE AGREEMENT

21.1 The Terms (including all policies posted on our Website) constitute the entire agreement between you and us and supersedes any previous agreements between us relating to the subject matter in respect of your use of the Website and the Services.

21.2 You acknowledge that, in agreeing to these Consignment Terms, you have not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in these Consignment Terms.

22. ACCESS TO DATA

22.1 We do not provide any Buyer or Website insight information and we manage all communications between you and the Buyer.

23. THIRD PARTY RIGHTS

23.1 A person who is not a party to these Consignment Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Consignment Terms.

23.2 You may not resell, assign, sub-licence or otherwise transfer any of the rights under these Consignment Terms without our prior written consent.

24. WAIVER

24.1 If we fail, at any time to insist upon strict performance of any of your obligations under these Consignment Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these Consignment Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

24.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

25. SEVERANCE

25.1 If any provision (or part of a provision) of these Consignment Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

26. GOVERNING LAW AND JURISDICTION

26.1 These Consignment Terms and any disputes or claims arising out of or in connection with their subject matter are governed by and construed in accordance with the laws of England and Wales.

26.2 You irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Consignment Terms.