M&M Auctions Ltd – Terms and Conditions of Business

These Terms and Conditions of Business ("Terms") govern all auctions and sales conducted by M&M Auctions Ltd (company number 11285461, registered in England and Wales) whose registered office is at 33 Boston Road South, Holbeach, Spalding, England, PE12 7LR (the "Auctioneer", "we", "us", or "our").

Trading address (auction house): Unit 4, Plover Court, Stephenson Avenue, Spalding, Lincolnshire, PE11 3SW
Email: info@mm-auctions.com
VAT number: GB295383757

These Terms apply to all persons who register to bid, bid (whether in person, online, by telephone, or by commission), purchase any lot, consign goods for sale, or otherwise engage with us.

By registering, bidding, buying, or consigning, you acknowledge that you have read, understood, and agree to be bound by these Terms.

KEY NOTICES (PLEASE READ)

1. Public auctions / cancellation rights: Our sales are ordinarily conducted as public auctions, with the facility for bidders (including Consumers) to attend in person. Where a sale is a public auction within the meaning of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, statutory cancellation rights do not apply.

2. Online-only / timed sales: Where a sale is conducted wholly online or as a timed auction without the facility for Consumers to attend in person, statutory cancellation rights may apply. Any such rights, where applicable, will be governed by sale-specific notices or special conditions published for that sale.

3. Electrical / battery / powered items: Electrical, electronic, mechanical, clockwork, wind-up, battery-operated, or otherwise powered items are sold as un-tested unless expressly stated otherwise. Any reference to an item being powered, operational, functioning, or appearing to function is not a guarantee.

4. Postage / couriers: Shipping is arranged at the buyer’s request and expense. Unless otherwise agreed in writing, the Auctioneer accepts no liability for loss or damage in transit.

5. Reserves / provisional sales: Some lots are subject to reserve. Where the reserve is not met, lots may be declared provisionally sold, subject to vendor acceptance. Where a lot is declared “provisional”, no binding contract is formed until vendor acceptance.

PART A – BUYERS’ TERMS AND CONDITIONS

A1. Definitions and interpretation

In these Terms, unless the context otherwise requires:

• "Auctioneer" means M&M Auctions Ltd.

• "Vendor" means the legal owner of a lot, or any person authorised to sell it.

• "Buyer" means the person or entity making the highest bid accepted by the Auctioneer.

• "Consumer" has the meaning given in section 2(3) of the Consumer Rights Act 2015.

• "Lot" means any item or group of items offered for sale as a single lot.

• "Hammer Price" means the final bid accepted by the Auctioneer, exclusive of Buyer’s Premium, VAT, and any other applicable charges.

• "Buyer’s Premium" means the commission payable by the Buyer, calculated as a percentage of the Hammer Price.

• "Reserve" means the confidential minimum price at which a lot may be sold.

• "VAT" means value added tax chargeable pursuant to the Value Added Tax Act 1994 or any successor legislation.

References to statutes include any statutory modification or re-enactment thereof.

A2. Status of the Auctioneer

2.1 The Auctioneer acts as agent for the Vendor in respect of all lots unless expressly stated otherwise.

2.2 Title to a lot passes directly from the Vendor to the Buyer. The Auctioneer does not contract as principal and shall have no liability for any default by the Vendor or the Buyer.

2.3 Where the Auctioneer sells a lot as principal, this will be expressly stated and these Terms shall apply subject to any necessary modification.

A3. Public auctions, distance sales, and methods of bidding

3.1 Sales are ordinarily conducted as public auctions, with the facility for bidders (including Consumers) to attend in person.

3.2 Where a sale is conducted as a public auction within the meaning of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, statutory cancellation rights shall not apply.

3.3 Where a sale is conducted wholly online or as a timed auction without the facility for Consumers to attend in person, such sale may constitute a distance contract and statutory cancellation rights may apply. Any such rights, where applicable, shall be governed by sale-specific notices or special conditions published for that sale.

3.4 In addition to in-person bidding, bidding may be undertaken online, by telephone, or by commission bid as a matter of convenience only.

A4. Registration and bidder responsibility

4.1 All bidders must register prior to bidding and provide such identification, verification, and financial information as the Auctioneer may reasonably require.

4.2 Each bidder warrants that all information supplied is accurate and complete and undertakes to notify the Auctioneer promptly of any changes.

4.3 Bids placed under a bidder’s registration number, account, or online profile shall be deemed to have been placed by that bidder personally.

4.4 The Auctioneer reserves the absolute right to refuse registration, suspend bidding privileges, or exclude any person from a sale without stating a reason.

A5. Conduct of sale

5.1 The Auctioneer has sole and absolute discretion in the conduct of each sale, including (without limitation) discretion as to:

• the order in which lots are offered;

• bid increments;

• the right to withdraw, divide, combine, or re-offer any lot;

• the resolution of any dispute between bidders.

5.2 The highest bid acknowledged by the Auctioneer constitutes a legally binding contract of sale (subject to any reserve and/or provisional sale provisions).

5.3 In the event of any dispute or error, the Auctioneer’s decision shall be final.

A6. Online, telephone, and commission bidding

6.1 Online bidding facilities are provided on an "as available" basis. The Auctioneer gives no warranty as to the availability, continuity, or accuracy of any online bidding platform and accepts no liability for any interruption, delay, or technical failure.

6.2 Nothing in this clause shall restrict the Auctioneer’s discretion to correct a manifest error, to re-open bidding, or to otherwise regulate the conduct of the sale where fairness requires.

6.3 Commission and telephone bids are accepted subject to availability and are executed on a best-endeavours basis only. The Auctioneer accepts no liability for failure to execute such bids or for executing them otherwise than as intended.

6.4 Where online bidding is facilitated by a third-party platform, bidders are responsible for compliance with that platform’s terms in addition to these Terms.

A7. Descriptions, condition, inspection, and safety

7.1 All statements, descriptions, estimates, opinions, and illustrations contained in catalogues, condition reports, advertisements, or otherwise are statements of opinion only and are not representations of fact.

7.2 Lots are sold as seen and as described at the time of sale. Buyers are solely responsible for satisfying themselves as to the condition, completeness, authenticity, provenance, attribution, and suitability of any lot prior to bidding.

7.3 Condition reports are provided for guidance only and are not exhaustive. The absence of a condition report does not imply that a lot is free from defects.

7.4 Electrical, electronic, mechanical, clockwork, wind-up, battery-operated, or otherwise powered items are sold as un-tested unless expressly stated otherwise.

7.5 Any reference to a lot being powered, operational, functioning, or appearing to function (including expressions such as "appears without obvious sign of fault") does not constitute a warranty or guarantee of condition, safety, compliance with current standards, or continued operation.

7.6 Lots may be vintage, second-hand, or collectible items and may not comply with current safety, electrical, or performance standards. Buyers are responsible for obtaining appropriate inspection, testing, or certification prior to use.

A8. Reserves, auctioneer’s discretion, provisional sales, post-auction acceptance, and private treaty sales

8.1 Lots may be subject to a reserve.

8.2 The Vendor authorises the Auctioneer, acting reasonably and in good faith, to exercise discretion to accept a bid within a margin of up to 10% below the reserve as satisfying the reserve, unless the Vendor has expressly instructed otherwise in writing prior to the sale.

8.3 Where bidding does not reach the reserve (or any discretionary margin authorised under clause 8.2), the Auctioneer may declare the lot provisionally sold to the highest bidder, unless the lot is expressly stated to be "passed" or "unsold" at the fall of the hammer.

8.4 In the case of a provisional sale, no binding contract is formed at the fall of the hammer. The sale shall be conditional upon the Vendor’s subsequent acceptance of the highest bid.

8.5 The Auctioneer is authorised, but not obliged, to negotiate with the highest bidder following the auction and to conclude the sale at the provisional price or at such other price as the Vendor may agree.

8.6 The Vendor shall notify the Auctioneer of its acceptance or rejection of a provisional sale within a reasonable period following the auction. Upon acceptance by the Vendor, a binding contract of sale shall come into existence on the terms of these Conditions.

8.7 If the Vendor declines a provisional sale, the lot shall be treated as unsold and the highest bidder shall have no claim against the Auctioneer or the Vendor.

8.8 Where a lot is unsold, passed, or provisionally declined, the Auctioneer reserves the right, with the Vendor’s authority (which may be given generally in these Conditions), to sell the lot by private treaty at such price and on such terms as the Auctioneer and Vendor may agree. Any such sale shall be subject to these Conditions insofar as applicable.

A9. Buyer’s Premium, VAT, and charges

9.1 A Buyer’s Premium shall be payable by the Buyer at the rate published for the relevant sale.

9.2 VAT shall be payable where applicable on the Buyer’s Premium and/or the Hammer Price in accordance with VAT legislation.

9.3 Certain lots may be sold under special VAT arrangements, including the VAT Margin Scheme, where indicated.

A10. Payment, title, and risk

10.1 The Buyer shall pay the full amount due immediately following the sale or within such period as stated on the invoice.

10.2 Title to a lot shall not pass to the Buyer until the Auctioneer has received full cleared funds.

10.3 Risk in a lot passes to the Buyer at the fall of the hammer (or, where applicable, upon the formation of a binding contract under a provisional sale).

A11. Collection, storage, shipping, and disposal

11.1 Lots must be collected within the period stated by the Auctioneer. Time shall be of the essence.

11.2 Buyers are responsible for checking lots at the time of collection. Without prejudice to any statutory rights which cannot lawfully be excluded, once a lot has been released to the Buyer or the Buyer’s agent and removed from the Auctioneer’s premises, the Buyer shall be deemed to have accepted the lot in its current condition and the Auctioneer shall not be liable for any loss, damage, parts shortage or discrepancy notified thereafter.

11.3 Where lots are not collected within the stated period, the Auctioneer may levy storage, handling, and administration charges at such rates as it may reasonably determine (or as published in any sale notices).

11.4 The Auctioneer may, without further notice, remove uncollected lots to off-site storage at the Buyer’s sole risk and expense.

11.5 If a Buyer fails to collect a lot within a reasonable time after notice, the Auctioneer may (acting reasonably) resell the lot by auction or private treaty, apply the proceeds towards any sums due, and recover any shortfall from the Buyer.

11.6 Where shipping is arranged at the Buyer’s request, the Auctioneer acts solely as agent for the Buyer and gives no warranty or assurance as to the acts or omissions of any carrier. The Buyer remains responsible for ensuring that packing, handling, and transportation are suitable for the lot, and for arranging appropriate insurance for transit and thereafter.

A12. Consumer rights and statutory protections

12.1 Nothing in these Terms shall exclude or limit liability to a Consumer for misdescription or for breach of statutory rights under the Consumer Rights Act 2015 or other applicable legislation where such liability cannot lawfully be excluded or limited.

12.2 Subject to clause 3.3, contracts concluded at a public auction are exempt from statutory cancellation rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

A13. Default by Buyer

13.1 If the Buyer fails to comply with these Terms, the Auctioneer may, without prejudice to any other rights, cancel the sale, resell the lot, recover any losses incurred, and charge interest on overdue sums.

13.2 Without prejudice to clause 13.1, where a Buyer defaults, the Auctioneer reserves the right to suspend or permanently revoke that Buyer’s registration and to refuse that Buyer permission to bid in any future sale.

13.3 The Auctioneer may disclose relevant information relating to the default (including the Buyer’s identity, contact details and the nature of the default) to: (a) any agent, insurer, solicitor, or debt collection service instructed by the Auctioneer; (b) any online bidding platform used by the Auctioneer, to the extent reasonably required for fraud prevention, enforcement and/or recovery of sums due; and/or (c) law enforcement, regulatory bodies, or other competent authorities where the Auctioneer reasonably considers such disclosure appropriate.

13.4 Any disclosure under clause 13.3 shall be made strictly in accordance with applicable data protection legislation.

A14. Force majeure and limitation of liability

14.1 The Auctioneer shall not be liable for any failure or delay in the performance of its obligations where such failure or delay arises from events beyond its reasonable control, including (without limitation) acts of God, fire, flood, epidemic, strike, failure of utilities, or interruption to communications systems.

14.2 Nothing in these Terms shall exclude or limit liability for death or personal injury caused by negligence or for fraud.

14.3 Subject to clause 14.2, the Auctioneer’s liability to a Buyer in respect of any lot or transaction shall be limited to the Hammer Price paid for that lot.

14.4 The Auctioneer shall not be liable for any indirect, consequential, or economic loss, including loss of profit or business.

PART B – VENDORS’ TERMS AND CONDITIONS

B1. Authority and warranties

1.1 The Vendor warrants that it is the legal owner of the goods or otherwise authorised to consign them for sale and that it has full power to transfer good title.

1.2 The Vendor warrants that the goods are free from any lien, charge, encumbrance, or third-party claim.

B2. Reserves, auctioneer’s discretion, provisional sales, and private treaty authority

2.1 Any reserve must be notified to and agreed by the Auctioneer in writing prior to cataloguing or, at the latest, at the time of consignment.

2.2 Unless expressly prohibited by the Vendor in writing prior to the sale, the Vendor authorises the Auctioneer, acting in good faith and in pursuit of the best price reasonably obtainable in the circumstances, to exercise discretion to accept a bid within a margin of up to 10% below the reserve as satisfying the reserve.

2.3 Where a lot is offered subject to a reserve and the highest bid does not reach the reserve (or any discretionary margin authorised under clause 2.2), the Auctioneer may, unless the lot is expressly stated to be passed or unsold, declare the lot provisionally sold to the highest bidder.

2.4 No binding contract shall arise unless and until the Vendor confirms acceptance of the provisional sale.

2.5 Where a lot remains unsold or a provisional sale is declined, the Vendor grants the Auctioneer authority to sell the lot by private treaty, whether immediately following the auction or at any later date, at such price and on such terms as the Vendor may agree or as are otherwise authorised in writing.

2.6 The Auctioneer shall not be liable for any loss, shortfall, or disappointment arising from the exercise or non-exercise of discretion under this clause, from a provisional sale being accepted or declined, or from a private treaty sale being concluded or not concluded.

B3. Commission, expenses, and costs

3.1 Vendor commission, minimum charges, and any additional costs or expenses (including photography, insurance where applicable, transport, storage, third-party services, and disposal) shall be as agreed in writing.

3.2 The Auctioneer may deduct all commissions, expenses, and sums due from the gross sale proceeds without further reference to the Vendor.

3.3 Where a lot is unsold or withdrawn, the Auctioneer may recover reasonable handling, cataloguing, storage, and administrative costs.

B4. Settlement, withholding, and set-off

4.1 Settlement shall be made within the period stated by the Auctioneer following the auction, subject always to receipt of cleared funds from the Buyer and completion of all required compliance, regulatory, and due diligence checks.

4.2 The Auctioneer may withhold settlement where: (a) ownership, title, or authenticity is disputed; (b) a Buyer has defaulted or payment has been reversed; (c) the Auctioneer reasonably suspects fraud, money laundering, sanctions breaches, or other unlawful activity.

4.3 The Auctioneer may set off any sums owed to it by the Vendor against sale proceeds or other monies held.

B5. Limitation of liability

5.1 Nothing in these Terms shall exclude or limit liability for death or personal injury caused by negligence or for fraud.

5.2 Subject to clause 5.1, the Auctioneer’s liability to the Vendor shall be limited to the net proceeds actually received by the Auctioneer in respect of the relevant lot.

PART C – GENERAL

C1. Assignment and subcontracting

The Auctioneer may assign, transfer, or subcontract any of its rights or obligations without the consent of the Buyer or Vendor.

C2. Waiver

No failure or delay by the Auctioneer to exercise any right or remedy shall operate as a waiver of that right or remedy.

C3. Severance

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be severed and the remaining provisions shall continue in full force and effect.

C4. Third-party rights

No person other than the Auctioneer, Buyer, or Vendor shall have any rights under the Contracts (Rights of Third Parties) Act 1999.

C5. Attendance at premises, health and safety, and visitor liability

5.1 Any person attending the Auctioneer’s premises (including the trading address at Unit 4, Plover Court, Stephenson Avenue, Spalding, Lincolnshire, PE11 3SW) does so at their own risk and must comply with all health and safety requirements, the instructions of Auctioneer staff, and all signage.

5.2 Access may be restricted to certain areas. No person shall enter restricted areas (including loading bays, storage areas, racking areas and offices) without the Auctioneer’s express permission and supervision.

5.3 Visitors must not lift, move, dismantle, connect, test, or handle lots unless expressly authorised by Auctioneer staff. Any handling is undertaken entirely at the visitor’s risk.

5.4 The Auctioneer accepts no responsibility for loss of, or damage to, personal property or vehicles (including theft or damage in any parking area), except to the extent caused by the Auctioneer’s proven negligence.

5.5 Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, or for fraud, or for any other liability that cannot lawfully be excluded or limited.

C6. Governing law and jurisdiction

These Terms shall be governed by and construed in accordance with the laws of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction.