1. Home
  2. Legal
  3. Terms and Conditions

Terms and Conditions

Auctions Terms and Conditions

Welcome to Phoenix Auction House. The following document outlines the terms and conditions (the “Terms”) governing participation in all auctions held by Phoenix Auction House (hereinafter referred to as "We," "Us," or "Our"). These Terms apply to all individuals and entities (“You” or “Your”) who interact with our auctions, regardless of whether they formally register, bid, or make a purchase.

Some conditions apply specifically to individuals, while others are relevant only to businesses. Where applicable, each term is marked to indicate whom it applies to. Unless specified otherwise, all Terms are applicable to both individuals and businesses.

Please be aware that in most cases, Phoenix Auction House operates as an agent on behalf of third-party sellers, who own the items listed in our auctions. Therefore, when you successfully purchase an item, your contract is with the seller directly, and Phoenix Auction House acts solely as an intermediary. The exception to this is when Phoenix Auction House explicitly lists an item as a “Phoenix Auction House Item,” indicating it is directly owned and sold by us.

These Terms, therefore, reflect:

  • Our role as an auction provider and intermediary between You and the Seller.
  • The contractual Terms that apply between You (as a successful bidder) and the Seller upon entering into a binding contract for purchased items.

These Terms apply to all Bidders and potential Bidders, including those who participate in an auction without registering, bidding, or purchasing. Some Terms apply only to Individuals, while others apply only to Businesses. Any such applicability is specified in each Term; if unspecified, the Term applies to both.

Our Role as Auctioneer and Agent

In most cases, Pheonix Auction House does not own the goods or items auctioned. We act as an agent on behalf of the Seller (the person or business owning the items), meaning no contract exists directly between us and the Successful Bidder regarding auctioned items. If Pheonix Auction House owns the items (referred to as PAH Items), this will be clearly stated in the Catalogue.

Thus, these Terms govern:

  1. The relationship between Pheonix Auction House and You as a Bidder or potential Bidder.
  2. The contractual Terms between You as a Successful Bidder and the Seller.

Definitions

  • Auction: An auction of items organized and run by Pheonix Auction House on its Website.
  • Auction Times: The scheduled date or time during which the Auction takes place, which may be extended under clause 5.3.
  • Auction Close: The specific closing date and time of an Auction, which may be extended as per clause 5.3.
  • Bidder: Any person who has Registered with Pheonix Aux to participate in an Auction, including a Successful Bidder.
  • PAH Item: Any item owned by PAH and auctioned directly by PAH, rather than on behalf of a third-party Seller.
  • Business: Any entity such as a company, limited liability partnership, partnership, charity, or sole trader.
  • Buyer’s Premium: The additional charge payable by the Successful Bidder to PAH on top of the bid amount.
  • Catalogue: Any Auction-specific details or conditions published by PAH.
  • Contract: The binding agreement between the Successful Bidder and the Seller, governed by these Terms.
  • Deposit: Any deposit required to participate or bid in an Auction, as outlined in the Catalogue.
  • Identification: Verification of identity, typically a passport or UK driving licence, required by PAH.
  • Individual: A private person not acting in a business capacity.
  • Item/s: The goods offered for auction, either owned by the Seller or as a PAH Item.
  • Participant: A Registered person eligible to attend and participate in an Auction.
  • Price: The total amount payable by the Successful Bidder, including bid amount and other charges per clause 8.1.
  • Register: The process of signing up with PAH to participate in an Auction, as outlined in clause 3.
  • Reserve: The minimum sale price set by the Seller.
  • Seller: The person or business that owns the item(s) for auction or PAH if it is a PAH Item.
  • Successful Bidder: The Bidder whose bid is accepted by the Seller, forming a Contract.
  • Terms: The terms and conditions governing participation in Auctions and contracts with Sellers.
  • You / Your: The person registering to participate in an Auction, either as an Individual or on behalf of a Business.
  • We / Us / Our: PAH Auctions Limited, registered in Wales, Company No. 10424436.

Our Legal Role

  1. Agency: Unless an Item is specified as a PAH Item, PAH acts solely as an agent for the Seller, not as the Seller itself.
  2. Liability for PAH Items: PAH is the Seller of PAH Items and assumes full responsibility.
  3. No Liability for Non-PAH Items: PAH is not liable for any non-PAH Items.

Registration and Auction Participation

  1. Registration Requirements: You must provide with your full name, address, email, identification, and other details listed in clause 3.2.
  2. Acceptance of Terms: By registering, you confirm that you accept and agree to be bound by these Terms.
  3. Minimum Age: You must be at least 18 years old.
  4. Business Registration: If registering on behalf of a Business, you confirm your authority to act on its behalf and guarantee its compliance with these Terms.
  5. Third-Party Representation: If registering on behalf of a third party, you must disclose this and guarantee compliance with these Terms.

Auction Procedures and Obligations

  1. Online Auctions: All PAH Auctions are conducted online on PAH’s Website, with items available for advance viewing.
  2. Website Use: PAH does not guarantee uninterrupted access to the Website and is not liable for any interruptions or delays.
  3. Bidding Conditions: PAH reserves the right to withdraw items, refuse bids, deny auction participation, and to bid up to the Reserve as an agent.
  4. Bidder Responsibility: It is your responsibility to understand the details of any item before bidding.

Contract Formation

  1. Offer and Acceptance: Displaying items on the Website does not constitute an offer. A bid constitutes an offer, and a Contract is formed only when PAH confirms acceptance to the Successful Bidder.
  2. Discretion of Sale: PAH or the Seller may refuse to accept the highest bid at their discretion.
  3. No Bid Withdrawal: Bids cannot be withdrawn without PAH’s express consent.

Risk and Title

  1. No Warranties on Title: PAH does not warrant the Seller’s title to any non-PAH Item.
  2. Transfer of Title: Legal title transfers to the Successful Bidder only upon full payment.
  3. Risk Transfer: For Businesses, risk transfers upon contract formation; for Individuals, risk transfers upon collection.
  4. Encumbrances: Items may be sold by Sellers acting on behalf of insolvent parties and may have encumbrances.

The term Health & Safety Legislation refers to the entirety of laws and regulations concerned with health and safety that apply either within the United Kingdom or in other jurisdictions around the world. This legislation includes a range of specific laws intended to protect health and safety in various environments, including workplaces, public spaces, and homes. Key examples in the UK include:

· Health and Safety Act 1974: This is the primary piece of legislation covering occupational health and safety in the UK. It places a duty on employers to ensure the health, safety, and welfare of employees at work and also impacts public safety.

· Environmental Protection Act 1990: This act focuses on environmental health, addressing pollution, waste management, and other environmental impacts that could affect public health and safety.

· Control of Substances Hazardous to Health (COSHH) Regulations 2002: COSHH regulations govern the handling, storage, and use of hazardous substances in the workplace to prevent harm to employees, particularly from exposure to chemicals, dust, and biological agents.

· Furniture and Furnishings (Fire) (Safety) Regulations 1988: These regulations mandate fire resistance standards for domestic upholstered furniture, furnishings, and other products to reduce fire-related risks in the home.

Data Protection

· We collect your personal data during registration and process it according to the purposes and legal grounds outlined in our privacy policy.

Condition of Items

  1. Inspection: Items are available for inspection prior to bidding, and Bidders are responsible for assessing suitability.
  2. Sold "As-Is": Items are sold “as seen,” with no implied warranty regarding condition or suitability.
  3. Liability Limitations: PAH and Sellers are not liable for inaccuracies in item descriptions.

Price and Payment

  1. Payment Obligations: The Successful Bidder must pay their bid amount, Buyer’s Premium, and any applicable VAT immediately upon contract formation.
  2. Payment Methods: Payments are accepted via bank transfer or credit/debit card (American Express excluded).
  3. Non-Payment Consequences: Late payments incur interest at 4% above HSBC’s base rate, and legal actions may be taken for non-payment.

This is a summary; please refer to the complete Terms for detailed information and any additional conditions.