Auction Terms & Conditions (Buyer)
1.1 These Terms & Conditions of Sale govern the contract between MovieMania: The Live Auction of Film & TV Memorabilia (insert applicable year) / MovieMania & the Buyer (Or the Bidder as also referred to). By bidding in the auction you agree to have read & be bound by the said Terms & Conditions of Sale. 'You' is made as a reference in these Terms & Conditions as 'The Buyer' or 'The Bidder'. All bids accepted by MovieMania are final & non withdrawable.
1.2 MovieMania: The Auction of Film & TV Memorabilia may be regarded as 'MovieMania' for the purpose of these terms. MovieMania’s office address is located at: Woodside Studio, 3 Windmill Lane, York, North Yorkshire, YO10 3LG.
- Buyer's Premium:
2.1 A Buyer's Premium equating to 25% of the Hammer Price will be applied to all purchases made using the online bidding platform. A Buyer's Premium equating to 20% of the Hammer Price will be applied to all purchases made in-person at the auction venue, & by absentee or telephone bidding. The Buyer’s premium is applied in addition to the current rate of VAT (if applicable) & all applicable charges detailed herewith.
- Definitions:
3.1 The term, "Hammer Price" defines the amount of the highest bid acknowledged and acceptable to MovieMania. "Purchase Price" defines the sum of (a) the Hammer Price; (b) a premium payable by the successful Bidder equal to twenty five percent (25%) of the Hammer Price for purchases made through the online bidding platform & twenty percent (20%) of the Hammer Price for purchases made in-person, via telephone & by absentee bidding (c) the prevailing rate of value added tax (VAT) which equals 20% of the Buyer's Premium (or 16.67% if applied through the Margin Scheme) & is charged to buyer's residing in the United Kingdom (4) shipping, handling and insurance if requested by the Buyer and agreed by MovieMania. Lots are sold under standard VAT legislation. All Lots exported outside of the UK from 1st January 2021, apart from Northern Ireland, are subject to Zero rate VAT subject to conditions.
Bidder: Any person or company who has made the highest bid on a Lot which is accepted by the auctioneer. Also referred to as 'Buyer',
Floor Bidder: Bidders intending to bid in-person on the day of the auction.
'Purchaser' or 'You' in these Terms & Conditions of Sale.
VAT: The applicable 'Value Added Tax' at 20% of the Buyer's premium.
Margin Scheme: VAT at the rate of 16.67% on certain second hand goods or Collectors Pieces.
Lot: Each item or collection of items made available for sale in the auction.
Reserve Price: The minimum price at which the Lot will sell.
Credit & Debit Card Fee: An additional 1.5% plus VAT where applicable of the Hammer Price if the purchase Price is paid for using a Credit or a Debit Card.
Seller: The person or company offering the Lot/s for sale in the auction.
Shipment: The Lot/s being packaged & sent via a courier for delivery with the Buyer.
Terms & Conditions of Sale: MovieMania's Terms & Conditions for the auction.
Third Part Platform: An external live bidding platform where Bidders place bids via the internet.
- Prior to the Auction:
4.1 Each Bidder must register with MovieMania (or via a third party online bidding platform where applicable) pursuant to the Terms & Conditions of Sale & Bidding Requirements. The registration form must be completed in full & MovieMania must be provided with a valid Credit or Debit Card on file. In addition to holding a valid Credit or Debit Card on file, the Bidder must satisfy identification checks by providing a valid Photo Identification & proof of address.
4.2 MovieMania reserves the right to refuse registration or cancel registration at any time at it’s sole discretion.
- Viewing of Lots:
5.1 A Pre-Auction exhibition will take place at a time & venue published across MovieMania’s Social Media, on the Auction Homepage & also the Press Office Page of The MovieMania Website. This exhibition will be free entry & you will be able to browse auction Lots as well as speak with our Team. You will be required to follow all applicable COVID Guidelines at the time of attending the Pre-Auction Exhibition.
5.2 All Lots can be viewed online in most cases up to five (5) weeks prior to the auction up until the date of Sale. This date is subject to change. Please refer to our website at www.moviemaniaonline.co.uk or our Social Media for further details.
- During the Auction:
6.1 Floor Bidders may register online by visiting www.moviemaniaonline.co.uk or via one of MovieMania’s partner Bidding Platforms from the day in which the Catalogue is released up until 11:00am GMT on Auction Day. Alternatively Floor Bidders can register in-person at the auction venue on the day of the auction by bringing acceptable forms of identification & a valid payment method. Please note that MovieMania does not accept any liability for delays caused by registration. Floor Bidders who wish to register at the auction venue on the day of the auction must ensure they arrive in adequate time to register & bid on their Lot/s.
6.2 The Bidder who has registered must bring identification with them when participating in-person at the auction pursuant to Section 4 of these Terms.
6.3 Estimates indicate the value MovieMania have deemed the Lot to achieve & are for guidance purposes only. They are not a reflection of actual values or strength & frequency of bids.
6.4 Telephone bids must be registered with MovieMania at least 24 hours before the auction is scheduled to start & may be recorded for reference/accuracy purposes.
6.5 Written bids must be registered at least 48 hours before the auction is scheduled to start.
6.6 MovieMania does not accept any liability for any errors, whether technical, administrative or logistical, caused as a result of bids made online, in-person, by telephone or in writing.
6.7 The auctioneer maintains the right in refusing any bid at his/her complete discretion & all Lots are offered subject to a Reserve Price unless otherwise indicated. The Reserve price may be kept confidential or disclosed at the discretion of MovieMania.
6.8 The auctioneer may decide to open bidding below the Reserve Price or below the lower estimate & when making bids, the Buyer accepts that in doing so they are making a legally binding offer to buy the Lot at that price (plus all applicable taxes, charges & premiums should they win the Lot/s). The auctioneer adopts complete discretion when deciding upon bidding increments. Bidding increments will be advised, if available, but the auctioneer maintains the right to change these as he so chooses.
6.9 By participating in and/or visiting the auction you consent to being filmed and/or photographed & agree to this media being published on the MovieMania website, via social media platforms, editorials & on television.
- Following the Auction:
Payment:
7.1 MovieMania will notify successful Bidders & issue an invoice confirming the total Purchase Price of all Lots won in the auction plus Buyer's Premium, Tax (if applicable) & any additional charges within 24 hours following the date & time of the auction. If you have not provided an email address, or have provided an incorrect email address, the invoice will be posted to you by first class mail.
7.2 Payment will be due within five (5) working days from the date & time of the auction.
7.3 Floor Bidders may pay for their Lots in-person at the auction venue on the day of the auction between 13:00pm & 19:00pm GMT using any of the payment methods detailed herewith.
7.4 All paddles must be returned to the Cashier Desk on the day of the auction, unless otherwise authorised by MovieMania.
7.5 It is absolutely vital that you ensure that you have the available funds to pay the Purchase Price in full, and the Buyer's Premium plus VAT (if applicable) & any other applicable charges before making a commitment to bid in the auction. If you are the successful bidder, you must pay us the balance in full within five (5) working days following the date of the auction using one of the payment methods detailed herewith.
7.6 Accepted Forms of Payment are as follows: Visa, American Express, Cirrus, MasterCard, Sterling Personal Check drawn on a UK branch of a bank or building society, Wire Transfer (National & International) & Paypal. You may also pay for your auction Lots with notes & coins in the currency of the sale provided that the total amount payable does not exceed £2,500. We are only able to accept notes & coins if you opt to pay for your Lot/s at the venue on the day of the auction. If the total amount exceeds this sum then the balance must be paid using an alternative payment method. For payments using Credit & Debit Cards we will apply a 1.5% merchant administration charge known as the 'Credit or Debit Card Fee'. Paypal payments will incur a 2% charge in addition to the charges outlined herewith. Credit Card payments are acceptable on the understanding that the Lot/s are not returnable or exchangeable & a refund of the Credit Card Fee may not be issued in this event.
7.7 Bank Transfer:
7.7.1 You may electronically transfer funds to our Business Account to pay for your Lots. To do so, please quote your Paddle/Bidder Number followed by your invoice number as the reference. Our account details are as follows:
Bank: National Westminster Bank Plc
Account Name: MovieMania
Account Number: 20192754
Sort Code: 60-24-77
BIC: NWBK GB 2L
IBAN: GB25 6024 7720 1927 54
7.8 When paying by bank transfer, the monies must be cleared in our account before we can release the Lot/s to you. Please note that we do not accept liability for delays caused by Bank Transfers and/or Bank Policies & we advise Bidders to check with their Bank on the duration transfers are expected to arrive in the destination account.
7.9 By participating in the auction you hereby irrevocably & unconditionally pre-authorise MovieMania to collect all amounts owed from all Payment methods on file in the event you violate our payment terms detailed herewith. Late payment may result in additional statutory interest and/or legal action for the recovery of the full amount due & you may be liable for the costs in us doing so.
- If all sums payable to us are not paid in full at the time specified herewith, we will without further notice be entitled to exercise one or more of the following rights:
1) To terminate the agreement immediately for your breach of contract
2) To retain possession of the Lot/s
3) To store the Lot/s at your expense
4) To take Legal proceedings against you and/or any damages for breach of contract
5) To be paid interest on any monies due to us at the annual rate of 5% per annum above the base lending rate to be calculated on a daily basis from the date the monies became outstanding to the date in which they are paid.
6) To sell the Lot/s by any means giving you written confirmation of our intention to do so.
7) Refuse you to register or participate in any future auction.
- Collection:
9.1 You may collect your Lot/s in-person on the day of the auction between 13:00pm & 19:00pm providing you adhere to our payment terms & all other terms stipulated herewith. Thereafter, Lots will be transferred to the MovieMania Office in York. Please be aware that there may be parking/loading restrictions at the Auction venue & the surrounding area & you are encouraged to check that you will be permitted to park. Further details are available on the City of York Council website & also the MovieMania Website in advance of the auction.
9.2 Once you have paid to us, in cleared funds, everything due to us, we will release the Lot/s to you or as you may direct us in writing. For Lots being collected on the day of the auction, the Lot/s will only be released upon the production of a ‘Bidder Collection Notification’ which can be obtained from the auction Cashier Desk.
- Shipping:
10.1 The buyer is responsible for all shipping charges, duties & taxes to be paid & for ensuring that the Shipment enters the destination country lawfully. For more information or for shipping estimates we strongly advise you to contact us for a quote prior to bidding in the auction. We supply our own in-house shipment service for a small fee which you may, but are not obliged, to use. You are however responsible for all shipping charges outlined herewith. Parcels shipped internationally will have their full value declared on the shipping invoice. MovieMania shall not be responsible for additional taxes or customs clearance charges upon the shipment's entry into the destination country and/or at any point throughout the Shipment's journey from our Offices to the Recipient's address & thereafter. You are encouraged to familiarise yourself with post-Brexit alterations to shipments travelling within the EU & must provide us with a valid telephone number for the purpose of Customs Clearance.
10.2 After payment has been made in full, the buyer must make arrangements to have the property packaged, insured and shipped at the buyer's own expense. For shipping quotes & guidance, please contact MovieMania on +44 (0) 7576 227 030 or email us at: info@moviemaniaonline.co.uk.
10.3 If the buyer declines to accept delivery of the shipment due to import duty charges & taxes, & the shipment is returned to MovieMania, you will be liable for a charge equating to 18% of the Hammer Price in addition to all charges incurred as a result of the shipment being returned. Monies paid for the item will be transferred into a store credit only.
- Data Protection:
11.1 MovieMania will record personal information provided by the Buyer at the registration stage. The Buyer consents to this information being used for Shipping & Payment purposes, & to notify the Buyer about other forthcoming auctions, items or services. You may withdraw from these notifications by emailing info@moviemaniaonline.co.uk or telephoning us on +44 (0)7576 227 030.
- Authenticity:
12.1 MovieMania maintains that the provenance of each Lot is Production used unless otherwise stated in the catalogue listings. Authenticity including documentation from crew members, film studios, production companies & industry experts, if available, will be included in the catalogue listings & MovieMania does not accept liability over the accuracy & content of information in those pieces of documentation. Buyers should be aware that multiple identical versions of props & wardrobe pieces are commonly used in the film industry & that in some cases we are unable to specify exactly where they were used or whom they were used by in the film stated. All sources of information made available to MovieMania will be detailed in the catalogue description & you are encouraged to contact us for further information, should you require it, prior to bidding in the auction. MovieMania conducts rigorous research into the provenance of all items it sells. To read more about this process & the terms of our Lifetime 'Money Back Guarantee' please visit our Authenticity section at www.moviemaniaonline.co.uk.
Money-back Guarantee
12.2 We undertake to buy back at the purchase price any forgery which is proven not to be authentic by admissible, tangible, documentary evidence. This guarantee is provided personally to the Buyer & is detailed further on our website.
- Bidding through an Agent or Representative:
13.1 We may refuse to accept bids from an agent or representative & will require written confirmation from the principal bidder confirming the agent or representative's authority to bid. Any person bidding on behalf of another (whether or not this information is disclosed) will be jointly liable to the principal bidder under the terms & conditions set out herewith.
- Condition:
14.1 Given the excessive production use and/or age of some of the Lots they may include elements of damage and/or repair. You should therefore not assume that a Lot is in good condition. MovieMania makes every effort to ensure that the condition of the Lot is referred to in the corresponding listings but cannot accept any liability over condition, the lack of operation (particularly mechanical parts), statutory compliance, or missing parts. We advise Buyer's to contact us for a Condition Report prior to bidding. MovieMania cannot place any guarantee upon colouring & the images used are for aesthetical reference purposes only.
- Storage following the Auction:
15.1 We agree to store the Lot/s following the sale until payment is made in full. You will not be charged for storage unless you default on the payment terms set out in these conditions of sale. You may collect the Lot/s from our offices by providing us with written confirmation of your intention to do so & providing all monies owing have been settled prior to the collection.
- Copyright & Intellectual Property:
16.1 The Copyright of all mages from Film & Television are for cataloguing reference purposes only & are the property of the respective film studio, production company, organisation or crew member. Copyright of all catalogue imagery including Lots are the property of MovieMania & may not be used without the written permission of MovieMania. Catalogue descriptions are written to incorporate as much detail as possible regarding provenance, appearance & description but by doing so MovieMania does not have any relationship and/or connection with the said film studios, production companies, organisations or crew members other than the purpose of consignment or reference.
- Privacy Policy:
17.1 Please refer to our Privacy Policy at www.moviemaniaonline.co.uk
- Signing the Contract
18.1 By signing the Contract, you agree to be bound by these Terms & Conditions. For further guidance, please email us at info@moviemaniaonline.co.uk or telephone +44 (0)7576 227 030.