Auction Terms & Conditions (Seller)
Seller Terms - Online & Live Auctions
Introduction
The following Terms & Conditions form the agreement between the Auctioneer (Film & TV Memorabilia Auction 2024 (or applicable year) / T/A MovieMania) & the Seller. Please read through these Terms carefully & contact us if there is anything you do not understand.
‘Film & TV Memorabilia Auction 2024’ (or applicable year) should be regarded as ‘MovieMania’ for the purpose of these Terms. MovieMania’s office is located at Woodside Studio, 3 Windmill Lane, York, North Yorkshire, YO10 3LG. Under the Terms detailed herewith we act as your agent & will make representations & statements which you are responsible for. What you inform us about the Lot/s you must ensure is correct, complete & to the best of your knowledge. You are responsible for checking the Lot entry upon release of the catalogue & you are encouraged to communicate any errors or amendments to us at your earliest convenience.
You should note that we exercise a money-back guarantee to the Buyer where we undertake to reimburse the Buyer the purchase price of any forgery. You therefore agree to reimburse us for any costs in initiating this guarantee.
In addition, you agree that all Lots you consign with us are subject to alteration by us prior to the auction, but this will only be initiated reasonably & fairly.
- Pre-Contract Valuations, Assessments & Representations
1.1 We conduct a valuation & examination service free of charge. You are not under any obligation at this stage to consign any Lot with us & we do not owe you any duty regarding anything stated by us other than honesty. No statement or representation made by us at this Pre-Contract stage may be incorporated into this agreement.
1.2 Lot Descriptions made on the Contract Header and/or Contract Form are merely for identification purposes only.
- Payments made to us, by you
2.1 You agree to pay to us commission (The Seller’s Commission) totalling 9% of the Hammer Price plus VAT & all applicable charges detailed herewith. VAT shall be applied to the Sellers Premium & not the Hammer Price.
2.2 If you decide to withdraw the Lot/s after those Lots have been marketed in any way and/or catalogued, you agree to pay us 15% of the lower estimate plus VAT, at a minimum of £15 plus VAT per Lot. In addition, you agree to pay all marketing, publication & cataloguing costs accrued in advertising those Lots.
2.3 Any unsold Lots are subject to storage charges of £5 per day plus VAT which will accrue fourteen (x14) days after the auction date. This charge is discretionary.
2.4 You agree to pay us a Loss Warranty Fee equating to 1.5% of the Hammer price plus VAT for sold Lots, or for unsold Lots, 1.5% of the Lower Estimate plus VAT.
2.5 You agree to indemnify us against all claims, liabilities & costs arising from any breach of contract or undertaking, recoveries, fraud, misdescription or any injury, loss or damage caused to any person by you.
2.6 You agree to pay to us a catalogue illustration fee equating to £5 per Lot (sold or unsold). This fee is discretionary.
- Definitions & interpretation of Terms
3.1 The following words & definitions have been explained to help you to understand the Seller Terms:
‘Seller’ means the person consigning Lots to us & us selling the Lot as agent on the Seller’s behalf.
‘Bidder’ means a person who places a bid in the auction.
‘Buyer’ means the person who submits the highest bid for a Lot/s in the auction which is accepted by the Auctioneer.
‘Commission’ means a percentage of the Hammer Price that we charge as our fee for selling the item on the Seller’s behalf.
‘Consumer Contract Regulations’ refers to Consumer regulations as set out in the 2013 Act.
‘Auctioneer’ refers to MovieMania, or ‘Prop Culture: The Auction of Film & TV Memorabilia 2020’.
‘Hammer Price’ refers to the highest bid placed for that Lot & accepted by the Auctioneer.
‘Premium’ refers to the premium charged to the Buyer on the sale of the Lot/s pursuant to the Terms & Conditions of Sale.
‘Price’ refers to the total of the Hammer Price, Premium & VAT (if applicable) combined.
‘Proceeds’ refers to the Price less the commission, the Premium, and any applicable expenses including VAT incurred.
‘Reserve’ refers to the minimum price at which the Lot will be sold.
‘VAT’ refers to the value added tax (if applicable)
‘Entry’ refers to the Lot listing which is published in the catalogue, whether online or in printed form, or both.
3.2 Within these Seller Terms the words ‘you’ or ‘yours’ refer to the Seller. The words ‘we’ & ‘us’ refer to the Auctioneer.
3.3 When we sell items on your behalf we are obliged to provide you with certain information which will include our registered address & contact details, these Terms & Conditions, the rate of commission, all applicable charges, & any VAT (if applicable).
- Loss & Damage
4.1 We are not authorised by the FCA to provide you with insurance. However we accept liability for items from the point in which we take possession until the point in which the Hammer falls. This liability is limited to the lower estimate for the Lot before the auction. To justify the acceptance of liability we will charge a 1.5% Loss Warranty described in Clause 2.4 of these Terms.
4.2 The liability accepted by us does not include any loss or damage caused by flooding, drought, earthquake, acts of terrorism, civil commotion, war or contamination.
- Catalogue photographs & Pre-Auction Exhibitions
5.1 You agree to pay for the cost of photographing the Lot/s you enter into the auction described in Clause 2.6 of these Terms if, the process of photographing those Lots is particularly complicated, or, requires a specialist set up. We will notify you in advance if this is the case.
5.2 We reserve the right to photograph all Lots unless you specifically request us not to do so, in writing. The Copyright of such photographs will be owned by us together with the textual catalogue description and/or marketing relating to that Lot.
5.3 You authorise us to exhibit the Lot/s at the Pre-Auction Exhibition in which bidders, members of the public & the media can view Lots prior to the Sale. We reserve the right to exhibit Lots chosen by us at a venue & a date arranged by us. Clauses 4.1, 11.3 & 11.4 of these Terms apply throughout the duration of the Pre-Auction Exhibition.
5.4 You authorise us to exhibit the Lot/s at any additional exhibition or Pre-Auction event, including Press releases & Media coverage, for the purpose of marketing the auction.
- Reserves
6.1 Reserves must be reasonably set & may not exceed our lower estimate for the Lot. We reserve the right to decline entry of Lots into the auction which, in our opinion, would have an unreasonably high reserve.
6.2 Once a reserve has been agreed, it cannot be amended without your approval & ours.
6.3 The Lot will be sold without a reserve unless a reserve has been agreed with us.
6.4 You authorise us to refuse any bid/s from any Bidder, including the highest Bidder, if such refusal is reasonable for the protection of you & our interests.
- Catalogue & Listing Statements
7.1 Any statement as to attribution, description, title, origin, Provenance, date & condition is to be regarded as a statement of opinion & is not to be taken as a statement of fact. We reserve the right to consult with experts or authorities to ensure statements are reliable.
7.2 Our descriptions of the Lot will be based on information provided by you & our opinion of that Lot.
7.3 The Lot entry will contain an estimate & our expression of opinion. The entry will be published by us on behalf of you as your agent.
7.4 We will usually provide you with a Pre-Auction Advice prior to the auction. You must notify us immediately in writing & by Recorded Delivery if there is anything in the entry which must be amended or incomplete.
7.5 Any entry or marketing material may be amended from time to time, at our discretion.
- Data Protection
8.1 We will hold & process any personal data in relation to you in accordance with our Privacy Policy which is available for viewing on our website & is formed pursuant to The Data Protection Act 1998.
- Your undertakings to us
9.1 We agree to sell the Lot on your behalf as agent & therefore you undertake to us the following:
- a) That you are the current legal owner of the Lot, or, if you are not the owner of the Lot, you are duly authorised by the legal owner to sell it.
- b) You have complied with all legal requirements relating to export or import, taxes & customs requirements.
- c) You have provided us with accurate information made to the best of your knowledge & you have notified us in writing of any material alterations.
- d) That there are no restrictions with regard to photographing, listing, entering or marketing the Lot.
- Withdrawal by you
10.1 You may withdraw your intention to sell the Lot/s at any time by written instruction. You will remain liable to pay us a consignment fee described in Clause 2.2 of these Terms.
- Delivery & Storage
11.1 Unless otherwise arranged, you will deliver the Lot/s at your own expense into our custody at the time & place we will require. When doing so, you must notify us in advance of any precautions or special requirements for the Lot’s delivery and/or storage. You will be required to pay for any additional costs which may be incurred in relation to those requirements.
11.2 If your requirements are unreasonable we may terminate the agreement & you will remain liable to pay us the fees detailed in Clause 2.2 of these Terms.
11.3 Unless otherwise arranged, we accept liability for the Lot whilst in our custody as described in Clause 4.1 of these Terms.
11.4 From the time in which the Lot enters our custody we will owe that Lot a duty of care until it passes to the Buyer. If however, the Lot becomes hazardous, before or after the auction, we reserve the right to dispose of it, without advance notice, & without any liability whatsoever, in any manner we think fit.
11.5 You authorise us to store your Lot/s, if unsold, & apply charges described in Clause 2.3 of these Terms. We reserve the right to transfer the Lot/s to an external storage facility, without notice, & you agree to pay the costs in doing so. We advise that you collect any unsold Lots at your earliest convenience so as to avoid additional charges.
11.6 You must remove any Lot/s at your own expense, whether we refuse to sell the Lot or whether the Lot is unsold. You must provide us with notification of your intention to collect the Lot/s.
11.7 If you fail to remove the Lot/s within twenty eight (x28) days from the date of the auction you will be liable for storage charges in respect of any additional charges that have accrued. Unsold Lots will be transferred to our office in York the day following the auction.
11.8 You may collect any unsold Lots from our office in York but only with appropriate identification & subject to us being able to initiate the removal at that time. Otherwise, we will make alternative arrangements with you. We will not release Lots or allow the removal of Lots to third parties or persons other than those registered on account.
- Our Right to Refuse to Sell the Lot
12.1 We May refuse to sell the Lot if, in our opinion, we believe:
- a) The Lot is a forgery
- b) You or we may be restricted by order of the Court or other Authority.
- c) The information provided by you is misleading or inaccurate.
12.2 We will provide you with a written notification of our decision & the associated reason as soon as practicable.
- The Auction
13.1 We will initiate the auction in accordance with our Bidder Terms & will sell the Lot/s on your behalf as agent subject to any alteration made at our discretion. We may utilise third party bidding platforms to accept bids online or via absentee at our discretion.
13.2 Neither you or someone you instruct on your behalf may bid for the Lot.
- Auction Proceeds
14.1 Ownership & title of the Lot will only pass to the Buyer on receipt of cleared funds for the full purchase price as stipulated in the Buyer Terms.
14.2 You agree that we may at our discretion offer credit facilities to the Buyer as finance & that the Buyer may utilise any existing credit facility if permitted under the terms of that facility.
14.3 All sums paid to us for the purchase price will be held upon trust in our National Westminster Business Bank Account.
14.4 Providing we have received cleared funds from the bidder, including payment of all applicable taxes & charges, we will distribute the auction proceeds held on trust, after any deductions we are entitled to make under our Seller Terms, within seven (x7) days from the date of the auction. If we receive the purchase price monies after this duration, we will notify you of the expected payment date.
14.5 You are responsible for providing us with accurate banking information for us to initiate a wire transfer & we do not accept any liability for delays or payment failures caused by inaccurate information and/or banking policies.
14.6 We may deduct from the sale proceeds any monies due to us from you, including any sums due in relation to purchases you have made with us.
14.7 If, before the sale proceeds are paid to you, the Buyer or any other person makes a claim in relation to the Lot, we may withhold payment until such claim has been resolved.
14.8 If the Buyer fails to pay the purchase price pursuant to his obligations set out in the Buyer Terms, we will notify you as soon as practicable.
- Governing Law
15.1 All aspects & transactions stipulated in these Terms will be governed by the Laws of the United Kingdom where the auction takes place. MovieMania has a complaints procedure in place.
- Privacy Policy
16.1 Our Privacy Policy can be viewed by visiting our website at www.moviemaniaonline.co.uk