Auction’ an online auction of musical instruments and bows run from time to time by Beares Auctions;

Bidder’ a User who bids on a Lot;

Buyer’ the successful Bidder who has won the auction for a particular Lot;

Buy Now Price’ the price at which the Buyer has committed to buy a Lot during the Buy Now phase of an Auction.

Buyer’s Premium’ the premium calculated on the Hammer Price and due to be paid by the Buyer to Beares Auctions;

Condition Report’ a report compiled by J&A Beare Ltd. on the condition of a Lot;

Defaulting Buyer’ a Buyer who does not pay when due the invoice issued by Beares Auctions with respect to the Lot that he/she has purchased, or who is deemed by Beares Auctions to be unreachable, uncooperative or unresponsive;

Hammer Price’ the final purchase price at which a Lot is bought by a Buyer during the bidding phase of an Auction;

Lot’ a musical instrument or bow which has been placed in an Auction for sale;

Seller’ the owner (or his/her agent) who has placed a Lot in an Auction for sale;

Seller’s Commission’ the fee due to be paid by the Seller to Beares Auctions for the sale of one or more Lots during an Auction;

Storage Period’ with respect to a Lot, the period starting on the closing date of an Auction and ending on the seventh working day thereafter, or on the collection date of the Lot, if earlier;

Streaming’ the contemporaneous digital transmission by Beares Auctions via the internet of information, including photographs;

User’ means any person who views and accesses the Website, including, but not limited to, Bidders, Buyers and Sellers;

User Account’ the account created by Beares Auctions in the name of a specific User following his/her successful registration application;

Website’ the website run by Beares Auctions at the address www.bearesauctions.com or any other address as might be amended or added from time to time.

1. DEFINITIONS

 

 

2. USE OF THE WEBSITE

The User agrees that he/she:

(a) through the use of the Website, acknowledges and accepts these Terms and Conditions;
(b) will only access and view the information available on the Website through Streaming;
(c) will not copy or distribute any content of the Website; and
(d) will not interfere with or access the service provided by the Website in any way other than that which is intended by Beares Auctions.

A User must be a registered Bidder in order to bid in an Auction. The registering User represents and undertakes to Beares Auctions that all information contained in the registration application is complete, truthful and accurate.

Beares Auctions reserve the right to:

(a) decide whether to accept the User as a registered Bidder;
(b) carry out credit and verification checks on the User ; and
(c) require bank guarantees or payment in advance in order for the User to bid on any lot.

Following a successful registration application, Beares Auctions will create a User Account in the name of the registered User.

The registered User:

(1) agrees that Beares Auctions shall be entitled to treat all activities conducted through a User Account as having been made by the relative User;
(2) undertakes to keep confidential all the details of his/her User Account, including usernames and passwords;
(3) undertakes to notify Beares Auctions in writing of any subsequent changes of the registration details;
(4) undertakes to inform Beares Auctions immediately of any security breach or unauthorised use of his/her User Account; and
(5) agrees that any use of his/her User Account is his/her sole responsibility.

 

3. REGISTRATION FOR BIDDING

A User must be a registered Bidder in order to bid in an Auction. The registering User represents and undertakes to Beares Auctions that all information contained in the registration application is complete, truthful and accurate.

Beares Auctions reserve the right to:

(a) decide whether to accept the User as a registered Bidder;
(b) carry out credit and verification checks on the User ; and
(c) require bank guarantees or payment in advance in order for the User to bid on any lot.

Following a successful registration application, Beares Auctions will create a User Account in the name of the registered User.

The registered User:

(1) agrees that Beares Auctions shall be entitled to treat all activities conducted through a User Account as having been made by the relative User;
(2) undertakes to keep confidential all the details of his/her User Account, including usernames and passwords;
(3) undertakes to notify Beares Auctions in writing of any subsequent changes of the registration details;
(4) undertakes to inform Beares Auctions immediately of any security breach or unauthorised use of his/her User Account; and
(5) agrees that any use of his/her User Account is his/her sole responsibility.

 

4. CONDITION REPORTS AND AUTHENTICITY

Where Beares Auctions make any statement describing a Lot, whether in a Condition Report or otherwise, Beares Auctions merely express an opinion and do not (and nor does the Seller) give any warranty whatsoever as to the quality, state of repair, condition, history and/or value of a lot.

Accordingly, it is the Bidder’s responsibility to satisfy himself/herself about these factors before bidding for any Lot and the Bidder shall rely on his/her own inspection of the Lot prior to the Auction.

The Buyer acknowledges that Beares Auctions are not responsible for any fault or defect in any Lot and that each Lot is sold as seen. Beares Auctions sell certain Lots with a written opinion of authenticity from J & A Beare Ltd. Where no such opinion is provided the Buyer shall not have the right to contest the authenticity or origin (including the country of origin) of any Lot where Beares Auctions have stated that the origin of the Lot is unclear by using terms such as ‘school of’ or ‘attributed to’.

 

Where Beares Auctions offer their rating of a Lot, whether with regards to its condition or overall example quality, Beares Auctions merely express an opinion and do not (and nor does the Seller) give any warranty whatsoever as to the quality, state of repair, condition, history and/or value of a lot.

Accordingly, it is the Bidder’s responsibility to satisfy himself/herself about these factors before bidding for any Lot and the Bidder shall rely on his/her own inspection of the Lot prior to the Auction.

5. RATINGS

 

 

 

Where we make any reference to the price history of a Lot, Beares Auctions have used the standard available search mechanisms for this information including the Cozio Archive for past auction record prices. The retail price guide is derived from J & A Beare's past sale experience.

Beares Auctions cannot guarantee the absolute accuracy of these findings; they are intended for reference only and not as objective statements of fact. Accordingly, it is the Bidder’s responsibility to satisfy themselves about these factors before bidding for any Lot and the Bidder shall rely on his/her own inspection of the Lot prior to the Auction.

6. PRICE GUIDE

 

7. BIDDER'S COMMITMENT

Whether a Lot is purchased during the Buy Now phase or during the bidding phase of the Auction, the Bidder acknowledges that he/she is committing to a legally binding and irrevocable purchase of the Lot at the “Buy Now” price or at the highest bid within the bidding phase of the Auction, in each case plus any premium, VAT and other charges, where applicable.

 

8. BUYER'S PREMIUM AND PAYMENT

Within 24 hours of the purchase of a Lot during the Buy Now phase, Beares Auctions will confirm to the Buyer that he/she has agreed to purchase the relative Lot. Within 24 hours of the end of the relative Lot auction , Beares Auctions will confirm by email to the Buyer that he/she has won the auction for that particular Lot. Following such confirmation, Beares Auctions will issue a full invoice, setting out Buy Now Price or Hammer Price, Buyer’s Premium and any applicable taxes and charges.

Following such confirmation, Beares Auctions will issue a full invoice, setting out Buy Now Price or Hammer Price, Buyer’s Premium and any applicable taxes and charges.

The Buyer’s Premium is calculated on the Hammer Price or the Buy Now Price at a fixed rate of 20% for all Lots.

The Buyer’s Premium is subject to VAT. The Hammer Price is also subject to VAT unless the Lot is subject to the Auctioneers’ Margin Scheme (see VAT Symbols and Shipping for further details).

Payment is due in full within 7 working days of issuance of the invoice and can be made by credit card up to £10,000 (subject to 3% fee but please note that Beares Auctions do not accept American Express), debit card up to £20,000; cheques (UK only), international and local bank transfers, bankers drafts and cash with proof of ID up to £10,000 or equivalent in other currencies.

Title of the purchased Lot will not be passed to the Buyer and the Lot cannot be collected until cleared funds have been received for the full payment of the Lot by Beares Auctions.

Any purchased Lot remaining unpaid 15 days after the issuance of the invoice may incur a late payment fee of 3% of the Hammer Price or Buy Now Price.

 

9. CURRENCIES

Where it is indicated that the Lot is being sold in a currency other than Pounds Sterlings, payment must be made in the currency shown.

 

10. SELLER'S COMMISSION

There is no Seller’s Commission due on the Lots available for sale in the Auction.

 

11. STORAGE

Beares Auctions do not accept liability for loss or damage to a Lot after the Storage Period.

Lots not collected at the end of the Storage Period will be subject to a storage charge of £5 per Lot per day starting from the first day after the Storage Period.

After the Storage Period, insurance and storage charges are for the account of the Seller if the Lot is not sold, or for the account of the Buyer if the Lot is sold.

 

12. SHIPPING

Responsibility for any loss or damage occurring during shipping is with the Buyer alone in the case of purchased Lots, or with the Seller alone, in the case of unsold Lots.

 

13. DEFAULTING BUYERS

If a Buyer becomes a Defaulting Buyer with respect to a purchased Lot, Beares Auctions may re-offer for sale the Lot in question to other potential Buyers, either on the Website during the same Auction or another future Auction, or through a private sale.

A Defaulting Buyer shall remain responsible for the payment to Beares Auctions of all the damages associated with such a default. Such damages will be the sum of all legally enforceable damages resulting from the Defaulting Buyer’s default, including:

(a) all of the Buyer’s Premium on the intended sale of the Lot(s) in question;
(b) Beares Auctions' costs and expenses in connection with the attempted sale or eventually, re-sale of the Lot(s), or their return to the Seller,
(c) in case the Lot is re-sold and achieves a price that is lower than the price to which the Defaulting Buyer was committed, the difference between the two prices; and
(d) Beares Auctions' and the Seller’s respective legal costs.

Beares Auctions may ban the Defaulting Buyer from making further purchases or bids in the current or future Auctions.