Glossary of Terms and Definitions used on our platforms.
“Auctioneer” means Arby Holdings Ltd, a company registered in England and Wales with registration number 12820024 or occasionally Arby LLC, a company registered in Florida, USA with document number L20000323814, or its authorised auctioneer, as appropriate;
“Bidder” means a person participating in bidding at the auction;
“Bidding Platform” means any online bidding platform over which an auction is broadcast allowing bidders to place bids. Bidding Platforms may be operated by the Auctioneer, or by a third party service provider on the Auctioneer’s behalf;
“Buyer” means the person who makes the highest bid for a Lot accepted by the Auctioneer;
“Buyer's premium” means the additional auctioneer fees applicable to the hammer price;
“Commission” means the sum of:
a. the selling commission that we charge the Seller on the sale of the Goods as set out in Clause 4 of the Terms of Consignment; and
b. any additional selling charges, fees, duties or taxes
“Consumer” means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession;
“Consumer Contracts Regulations” means the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;
“Deliberate Forgery” means:
(a) an imitation made with the intention of deceiving as to authorship, origin, date, age, period, culture or source;
(b) which is described in the catalogue as being the work of a particular creator without qualification; and
(c) which at the date of the auction had a value materially less than it would have had if it had been as described;
“FCA” means the Financial Conduct Authority
“Good(s)” means the goods that you consign to us for sale at our auction;
“Hammer Price” means the level of the highest bid accepted by the Auctioneer for a Lot and signalled by closing of an online auction or the fall of the hammer;
“Lot(s)” means the goods that we offer for sale at our auctions;
“Online Listing” means a listing of Goods for sale on the website or any Bidding Platform;
“Pledge” Any security or charge over the Goods in favour of ourselves or any third party; “
Premium” means the fee that we will charge you on your purchase of a Lot to be calculated as set out in Clause 4 of the Terms of Sale;
“Price” means the sum of the Hammer Price, Premium and any applicable VAT and other duties, fees and taxes payable by the buyer;
“Proceeds” means the net amount due to the Seller;
“Reserve” means the minimum hammer price at which a Lot may be sold save that the auctioneer may use their discretion to accept a lower hammer price than the reserve; “
Seller” means the person(s) who consign(s) Lots for sale at our auctions;
“Terms of Consignment” means the terms on which we agree to offer Lots for sale in our auctions as agent on behalf of Sellers;
“Terms of Sale” means the terms that any bidder enters into when registering for one of our auctions;
“Total Amount Due” means the sum of the Hammer Price for a Lot, the Premium, any applicable artist’s resale right royalty, any VAT or import duties due and any additional charges payable by a defaulting buyer under these Terms of Sale;
“Trader” means a Seller who is acting for purposes relating to that Seller’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf;
“VAT” means Value Added Tax or any equivalent sales tax; and
“Website” means https://arbyauction.com
Buyers terms and conditions
1. Introduction: The following notices are intended to assist buyers, particularly those that are new to our website and internet bidding applications (iOS and Android). Our auctions are governed by our Terms and Conditions of Business incorporating the Terms of Consignment and Terms of Sale, supplemented by any notices that are announced via our digital auctions whether written or oral, the online catalogue listing or announced by the auctioneer at the time of a live auction. By registering to bid with us you are committing to be bound by our Terms of Sale.
2. Agency: As auctioneer(s), ARBY, acts on behalf of the seller, whose identity is not normally disclosed. If you buy at auction your contract for the goods is with the seller, not with ARBY as auctioneer.
3. Estimates: Estimates are intended to indicate the sum that might be involved for the purchase of a particular lot. The lower estimate may represent the reserve price (the minimum price for which a lot may be sold) and cannot be below the reserve price. Estimates do not include the buyer’s premium, VAT or other taxes and fees (where chargeable). Estimates may be altered by oral or written notice prior to auction.
4. Buyer's Premium: The Terms of Sale oblige you to pay a buyer's premium on the hammer price of each lot purchased. All lots are offered under the Auctioneer's Margin Scheme and VAT at the prevailing rate is detailed alongside the buyer's premium.
Our rate of buyer's premium is prescribed for each auction and is always equal to the amount of commission paid by the seller, we think that is fair and equitable. The rate of buyer's premium is always clearly advertised in the lot description.
5. Items with zero rated VAT in UK law: Please note that VAT is not added to the buyer's premium on certain zero % rated goods.
6. Inspection of goods by the buyer: You will have opportunity to inspect the goods in person by appointment, unless lying in a bonded warehouse and must do so for any lots that you might wish to bid for. Please note carefully the exclusion of liability for the condition of lots set out in Clauses 2.2, 2.10 and 11 of our Terms of Sale.
7. Export of goods: If you intend to export goods you must inform yourself in advance if: a. there is a prohibition on exporting goods of that character. or
b. if they require an Export Licence on the grounds of exceeding a specific age and/or monetary value threshold as set by the Export Licensing Unit. We are happy to offer the submission of necessary applications on behalf of our buyers but we will charge for this service only to cover the costs of our time.
8. Bidding: Bidders will be required to register with us before bidding. Purchases will be invoiced to the buyer’s registered name and address only. When first registering for an account with us you may need to provide us with proof of your identity in a form acceptable to us. In registering for any sale you agree to be bound by our terms and conditions regardless of your bidding method and in placing a bid you are making an irrevocable and binding offer to purchase a lot.
9. Pre-bidding: You may leave pre-bids on any lot by indicating the maximum amount (excluding the buyer’s premium and/or any applicable VAT, fees or other taxes) you authorise ARBY to bid on your behalf for a lot (The 'Max Bid'). ARBY will automatically execute pre-bids at the lowest price possible having regard only to the vendor reserve and competing live or pre-bids on the lot. Please note pre-bids can only be entered at standard bidding increments however we reserve the right to reduce increments during a live auction at the auctioneer's sole discretion.
10. Live online bidding: When using our website or iOS or Android applications to participate in the auction through your account on our website there will be no additional charges.
11. Methods of Payment: We accept payments only in the currency in which the invoice is issued and is due upon receipt.
Payments from UK Banks:
Arby Holdings Ltd
Account Number: 01818481
Sort Code: 08-71-99
Arby Holdings Ltd
Payment Reference: Cashplus01818481
Address: NatWest Bank PLC, 250 Bishopsgate, London, EC2M 4AA, UK
We process card payments securely over our website and accept and all major debit and credit cards issued by a UK or EU bank free of charge from personally issued cards only. If paying with a corporate card or from outside the EU, an additional 3% charge will be levied on the invoice total.
All funds need to have cleared into our account before items are collected.
12. Collection and storage: Please note what the Terms of Sale say about collection and storage. It is important that you pay for your goods promptly. We strongly advice that you have your purchases shipped, should you wish to collect your purchase, we ask that you do so promptly.
13. Loss and Damage to Goods: We are not authorised to provide insurance services. Liability for a lot passes to the buyer on the conclusion of an online auction (as applicable).
14. Other descriptions on individual lots:
a. Artist’s Resale Right royalty charges may be applicable to the Lot. Presently these charges are levied on a sliding scale at 4% of the hammer price up to the equivalent of Euro 50,000; 2% from Euro 50,001 to 200,000; 1% from Euro 200,001 to 350,000; 0.5%from Euro 350,001 to 500,000; and 0.25% above Euro 500,000 subject always to a maximum royalty charge of Euro 12,500. We will collect and pay royalty charges on your behalf and calculate the £ sterling equivalent of the Euro amount.
b. VAT denotes that VAT at 20% is payable on the hammer price as well as the buyer's premium of the Lot, which may be reclaimed as input VAT.
c. Duty denotes that UK excise duty at the prevailing rate may be payable in certain circumstances on alcohol beverages sold in our auctions.
We will always clearly outline the costs of buying each lot in the 'What you need to know' section of each lot.
15. Shipping: We will endeavour to provide indicative pricing for packing and shipping at the time of the sale, please be aware that certain destinations may require a detailed quotation.
Terms of Sale for Buyers
Please note that if you register to bid and/or bid at auction this signifies that you agree to and will comply with these Terms of Sale.
In these Terms of Sale, the words 'you', 'yours', etc. refer to you as the Buyer. The words “we”, “us”, etc. refer to the Auctioneer (ARBY). Any reference to a ‘Clause’ is to a clause of these Terms of Sale unless stated otherwise.
1 Information that we are required to give to Consumers
1.1 A description of the main characteristics of each Lot as contained in the auction listing including where a lot may be inspected;
1.2 Our name, address and contact details as set out herein, (see 'About' section) in our application and/or on our Website;
1.3 The price of the Goods and arrangements for payment as described in Clauses 3, 4, 6 and 8;
1.4 The arrangements for collection of the Goods as set out in Clauses 7 and 8; 1.5 Your right to return a Lot and receive a refund if the Lot is a Deliberate Forgery as set out in Clause 12;
1.6 If you have any complaints, please send them to us at firstname.lastname@example.org
2 Bidding procedures and the Buyer
2.1 You must register your details with us before bidding and provide us with any additional requested proof of identity and billing information, the fastest way to do this is by downloading our iOS or Android application;
2.2 We strongly recommend that where possible you inspect the Lots prior to bidding at the auction. You are responsible for your decision to bid for a particular Lot. If you bid on a Lot, we assume that you have carefully inspected the Lot and satisfied yourself regarding its condition. Goods purchased at public auction are generally NOT subject to the Consumer Contracts Regulations;
2.3 ARBY will execute pre-bids on your behalf. Pre-bids can only be inputted with reference only to our standard bidding increments. Where two or more Max Bids at the same level are recorded, the bid entered first shall be the winning bid;
2.4 The Bidder placing the highest bid accepted by the Auctioneer for a Lot will be the Buyer at the Hammer Price. Any dispute about a bid will be settled at our sole discretion. We may reoffer the Lot during the auction or may settle any dispute in another way. We will act reasonably when deciding how to settle the dispute;
2.5 Bidders will be deemed to act as principals, even if the Bidder is acting as an agent for a third party;
2.6 We may bid on behalf of the Seller up to one bidding increment (as set at our sole discretion) below the Reserve, by placing consecutive or responsive bids to other bidders;
2.7 We may at our sole discretion refuse to accept any bid;
2.8 We are unable to accept any responsibility for missed bids;
2.9 Bidding increments will be implemented as per our standard increment table, unless during a live auction the auctioneer at his sole discretion elects to offer an alternate increment;
2.10 In placing a Bid you are making a binding, irrevocable and enforceable commitment to purchase that Lot. We do not accept the return of Lots for reasons of disappointment or buyer's remorse.
3 The purchase price
As Buyer, you will pay:
a. the Hammer Price;
b. a premium of 18% (inclusive of VAT) unless otherwise advertised
c. any VAT, import duty or other duties, fees or taxes applicable to the Lot;
d. any artist’s resale right royalty payable on the sale of the Lot; and
4 VAT and other duties
4.1 You shall be liable for the payment of any VAT and other fees, taxes or duties applicable on the Hammer Price and premium due for a Lot. Please see the specific details in the auction listing for each Lot;
4.2 We will charge VAT and other fees, taxes or duties at the current rate at the date of the auction.
5 The contract between you and the Seller
5.1 The contract for the purchase of the Lot between you and the Seller will be formed when the lot closes and ARBY accepts the highest bid for the Lot at the auction;
5.2 You may directly enforce any terms in the Terms of Consignment against a Seller to the extent that you suffer damages and/or loss as a result of the Seller’s breach of the Terms of Consignment;
5.3 If you breach these Terms of Sale, you may be responsible for damages and/or losses suffered by a Seller or us. If we are contacted by a Seller who wishes to bring a claim against you, we may at our discretion provide the Seller with information or assistance in relation to that claim;
5.4 We normally act as an agent only and will not have any responsibility for default by you or the Seller (unless we are the Seller of the Lot);
6.1 Immediately following your successful bid on a Lot you will:
6.1.1 give to us, if not already provided to our satisfaction, proof of identity in a form acceptable to us (and any other information that we require in order to comply with our anti-money laundering obligations); and
6.1.2 pay to us within 3 working days the Total Amount Due in any way that we agree to accept payment but specifically NOT in cash;
6.2 If you owe us any money, we may use any payment made by you to repay prior debts before applying such monies towards your purchase of the Lot(s).
7 Title and collection of purchases
7.1 Once you have paid us in full the Total Amount Due for any Lot, ownership of that Lot will transfer to you. You may not claim or collect a Lot until you have paid for it.
7.2 Risk of loss or damage to the Lot will pass to you at the fall of the Hammer or when you have otherwise purchased the Lot.
8 Remedies for non-payment or failure to collect purchases
8.1 Please do not bid on a Lot if you do not intend to buy it. If your bid is successful, these Terms of Sale will apply to you. This means that you will have to carry out your obligations set out in these Terms of Sale. If you do not comply with these Terms of Sale, we may (acting on behalf of the Seller and ourselves) pursue one or more of the following measures:
8.1.1 take action against you for damages for breach of contract;
8.1.2 rescind the sale of the Lot to you and/or any other Lots sold by us to you;
8.1.3 resell the Lot by auction or private treaty (in which case you will have to pay any deficit between the Total Amount Due for the Lot and the price we sell it for as well as the charges outlined in Clause 8.1.5). Please note that if we re-sell the Lot for a hammer price higher than the Total Amount Due such surplus will belong to the Seller;
8.1.4 remove, store and insure the Lot at your expense;
8.1.5 if you do not pay us within 10 business days of your successful bid, we may charge interest at a rate of 1.5% per month on the Total Amount Due;
8.1.6 keep that Lot or any other Lot sold to you until you pay the Total Amount Due;
8.1.7 reject or ignore bids from you or your agent at future auctions or impose conditions before we accept bids from you; and/or
8.1.8 if we sell any Lots for you, use the money made on these Lots to repay any amount you owe us.
8.2 We will act reasonably when exercising our rights under Clause 8.1. We will contact you before exercising these rights and endeavour to correct any non- compliance by you with these Terms of Sale.
9 Health and safety
Although we take reasonable precautions regarding health and safety, you are on our premises at your own risk. Please note the lay-out of the premises and security arrangements. Neither we nor our employees or agents are responsible for the safety of you or your property when you visit our premises, unless you suffer any injury to your person or damage to your property as a result of our, our employees’ or our agents’ negligence.
10.1 The Seller warrants to us and to you that:
10.1.1 the Seller is the true owner of the Lot for sale or is authorised by the true owner to offer and sell the lot at auction;
10.1.2 the Seller is able to transfer good and marketable title to the Lot, subject to any restrictions set out in the Lot description, to you free from any third party rights or claims;
10.1.3 as far as the Seller is aware, the main characteristics of the Lot set out in the auction catalogue (as amended by any notice online or announced by the Auctioneer at the live auction) are correct. For the avoidance of doubt, you are solely responsible for satisfying yourself as to the condition of the Lot in all respects; and
10.1.4 Unless otherwise described the Lot is capable of free circulation save that certain types of Lots (for example wine sold UNDER BOND) may require the payment of UK duties and VAT or require an export permit prior to their removal from the UK.
10.2 If, after you have placed a successful bid and paid for a Lot, any of the warranties above are found not to be true, please notify us in writing. You must return the Lot to us in the same condition as when it was released to you. Neither we nor the Seller will be liable, under any circumstances, to pay you any sums over and above the Total Amount Due and we will not be responsible for any inaccuracies in the information provided by the Seller except as set out in Clause 12.
10.3 Please note that many of the Lots that you may bid on at our auction are second-hand.
10.4 Save as expressly set out above, all other warranties, conditions or other terms which might have effect between the Seller and you, or us and you, or be implied or incorporated by statue, common law or otherwise are excluded.
11 Descriptions and condition
11.1 Our descriptions of the Lot will be based on: (a) information provided to us by the Seller of the Lot (for which we are not liable); and (b) our opinion (although we do not warrant that we have carried out a detailed inspection of each Lot).
11.2 We will give you by appointment an opportunity to view and inspect the Lots before the auction. You (and any agents acting on your behalf) must satisfy yourself about the accuracy of any description of a Lot. We shall not be responsible for any failure by you or your agents to properly inspect a Lot.
11.3 Representations or statements by us as to authorship, genuineness, origin, date, age, provenance, condition or estimated selling price involve matters of opinion. We undertake that any such opinion will be honestly and reasonably held, subject always to the limitations in 10.1, and accept liability for opinions given negligently or fraudulently.
11.4 It is your responsibility to inform yourself whether a Lot may be subject to export restrictions, duties, taxes or fees.
11.5 Please note that Lots (in particular second-hand Lots) are unlikely to be in perfect condition.
11.5.1 Lots are sold “as is” (i.e. as you see them at the time of the auction). Neither we nor the Seller accept any liability for the condition of second-hand Lots or for any condition issues affecting a Lot which the inspection of a Lot by the Buyer ought to have revealed.
12 Deliberate Forgeries
12.1 You may return any Lot which is found to be a Deliberate Forgery to us within twelve months of the auction provided that you return the Lot to us in the same condition as when it was released to you, accompanied by a written statement identifying the Lot from the relevant catalogue description and a written statement of defects prepared by an accredited expert.
12.2 If we are reasonably satisfied that the Lot is a Deliberate Forgery, we will refund the money paid by you for the Lot (including any Premium and applicable VAT) unless either:
12.2.1 the catalogue description reflected the accepted view of experts as at the date of the auction; or
12.2.2 you personally are not able to transfer good and marketable title in the Lot to us. In which case you will have no right to a refund under this Clause 12.
12.3 If you have sold the Lot to another person, we will only be liable to refund the Total Amount Due for the Lot. We will not be responsible for repaying any additional money you may have made from selling the Lot or any other costs you have incurred in relation to the Lot.
12.4 Your right to return a Lot that is a Deliberate Forgery does not affect your legal rights and is in addition to any other right or remedy provided by law or by these Terms of Sale. 13 Limitation of our liability to you
13.1 We will not be liable for any loss of opportunity or disappointment suffered as a result of participating in our auction.
13.2 It is your responsibility to inform yourself whether a Lot may be subject to export restrictions, duties, taxes or fees.
13.3 In addition to the above, neither we nor the Seller shall be responsible to you and you shall not be responsible to the Seller or us for any other loss or damage that any of us suffer that is not a foreseeable result of any of us not complying with the Conditions of Business. Loss or damage is foreseeable if it is obvious that it will happen or if at the time of the sale of the Lot, all of we, you and the Seller knew it might happen.
13.4 If we are found to be liable to you for any reason (including, amongst others, if we are found to be negligent, in breach of contract or to have made a misrepresentation), our liability will be limited to the Total Amount Due as paid by you to us for any Lot.
13.5 Notwithstanding the above, nothing in these Terms of Sale shall limit our liability (or that of our employees or agents) for:
13.5.1 death or personal injury resulting from negligence (as defined in the unfair Contract Terms Act 1977);
13.5.2 fraudulent misrepresentation; or
13.5.3 any liability which cannot be excluded by law.
14.1 All notices between you and us regarding these Terms of Sale must be in writing and signed by or on behalf of the party giving it.
14.2 Any notice referred in these Terms of Sale may be given:
14.2.1 by delivering it by hand;
14.2.2 by first class pre-paid post or Recorded Delivery; or
14.2.3 by email, provided that a signed copy is also sent by pre-paid post or Recorded Delivery.
14.3 Notices must be sent as follows:
14.3.1 by hand or registered post:
a. to us, at our address set out in these Terms of Sale or at our registered office address appearing on our Website; and
b. to you, at the last postal address that you have given to us as your contact address in writing; or
14.3.2 by email:
a. to us at email@example.com
b. to you, by sending the notice to any email address that you have given to us as your contact email address.
14.4 Notices will be deemed to have been received:
14.4.1 if delivered by hand, on the day of delivery;
14.4.2 if sent by first class pre-paid post or Recorded Delivery, two business days after posting, exclusive of the day of posting; or
14.4.3 if sent by email, at the time of transmission unless sent after 17.00 in the place of receipt in which case they will be deemed to have been received on the next business day in the place of receipt (provided that a signed copy has also been sent by pre-paid post or Recorded Delivery).
14.5 Any notice or communication given under these Terms of Sale will not be validly given if sent by fax, email (unless also delivered Recorded Delivery), any form of messaging via social media or text message.
15 Data Protection
We will hold and process any personal data in relation to you in accordance with the principles underlying the Data Protection Act.
16.1 We may at our sole discretion, though acting reasonably, refuse admission to our premises or attendance at our auctions by any person.
16.2 We act as an agent for our Sellers. The rights we have to claim against you for breach of these Terms of Sale may be used by either us, our employees or agents, or the Seller, its employees or agents, as appropriate. Other than as set out in this Clause, these Terms of Sale are between you and us and no other person will have any rights to enforce any of these Terms of Sale.
16.3 We may use special terms in the catalogue descriptions of particular Lots. You must read these terms carefully along with any glossary provided in our auction catalogues.
16.4 Each of the clauses of these Terms of Sale operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
16.5 We may change these Terms of Sale from time to time, without notice to you. Please read these Terms of Sale for every sale in which you intend to bid carefully, as they may be different from the last time you read them.
16.6 Except as otherwise stated in these Terms of Sale, each of our rights and remedies: (a) are in addition to and not exclusive of any other rights or remedies under these Terms of Sale or general law; and (b) may be waived only in writing and specifically. Delay in exercising or non-exercise of any right under these Terms of Sale is not a waiver of that or any other right. Partial exercise of any right under these Terms of Sale will not preclude any further or other exercise of that right or any other right under these Terms of Sale. Waiver of a breach of any term of these Terms of Sale will not operate as a waiver of breach of any other term or any subsequent breach of that term.
16.7 These Terms of Sale and any dispute or claim arising out of or in connection with them (including any non-contractual claims or disputes) shall be governed by and construed in accordance with the laws of England and the parties irrevocably submit to the exclusive jurisdiction of the English courts.