Terms and Conditions

Terms and Conditions

Express Bidder (a trading name of Talking Direct Limited)

Conditions binding on all Sellers, Bidders and Buyers

1. These General Conditions of Sale are issued by Express Bidder (referred to in the Conditions as “the Auctioneers”).
2. The following Conditions of Sale must be strictly adhered to along with the Important Sale Information which is displayed to bidders on all auction catalogues. The terms shall regulate the sale of each lot to any Seller, bidder and buyer who has been approved by the Auctioneers and shall be considered to have accepted these terms.
3. The following conditions are binding on all Sellers, Bidders and Buyers:

• The words “Lot” and “Goods” refer to items sold at auction sales conducted by the Auctioneers.
• “The Buyer” shall mean the maker of the highest bid accepted by the Auctioneers on the close of the timed online auction.
• “Hammer Price” shall mean the highest bid accepted by the Auctioneers including any VAT that may be included thereon.
• “Buyer’s Premium” refers to the premium of 15% (plus VAT) which is levied on the Hammer Price of all lots and includes express bidder surcharge.
• Limited Offer: If you pay by bank transfer payment method then Buyer Premium will be charged at reduced rate of 10% plus VAT (12% inc. VAT).
•  “Deposit” means the deposit paid by the potential buyer upon Registration or at the request of the Auctioneers of £50 or as when notified by the Auctioneers in the Important Sale Information.
•  “Seller” includes any prospective Seller except where the context otherwise requires.
• “VAT” means Value Added Tax at the current rate of 20% which will be charged on lots.

4. We may require a deposit of £50.00, or when specified in the Important Information, will be taken prior to registration on i-bidder by the card you use to register. This deposit will be automatically refunded if the buyer does not win any items.

Conditions Regulating the Conduct of the Sale (Bidding)

5. All lots are ‘sold as seen’ with all faults and errors in description and quantity and may contain cosmetic imperfections, visible damage or may be beyond economical repair. No guarantees are given regarding suitability for purpose. Sale of Goods Act 1979 does not apply.
6. We can provide condition report as a statement of opinion only and are not to be taken as being or implying representations of fact or part of any contract. We are not going to perform a full functionality test on any lot. Please note that most items are untested retail returns which may or may not be in working order, second hand, unclaimed property or failed deliveries items unless mentioned as Brand New in the Description. Brand New, New Tatty Box, New Damaged Box, New Open Box Lots are mainly over-stocked, clearance, end of line or warehouse damaged items.
7. The buyer shall be deemed to have viewed the inspection report and or requested or viewed the video of the lots he bids on and if he bids without requiring or viewing inspection report and or viewing or requesting a video of the lot, he shall do so at his own risk. Please note that we no more offer in person inspection.
8. The Auctioneers will always strive to accurately describe any lot (s) that is to be sold however neither the Auctioneers nor Seller are to be held accountable for any faults and errors or mis-statement of description.
9. Buyers should note that certain goods sold at auction are suitable only for spare parts or as scrap. Buyers should check the safety of any mechanical, electrical or technical items purchased before attempting to use. Electrical faults may not always be apparent at the time of processing a lot therefore under no circumstances are the Auctioneers to be held responsible for any faults, mis-description of condition or errors discovered after the close of sale on timed auction.
10. The highest accepted bidder, subject to Seller’s Reserve (if any) shall be the Buyer.
11. The Auctioneers reserve the right on behalf of themselves and of the Seller the rights to set a reserve price, alter lot descriptions, remove items, re-arrange, consolidate or withdraw any lots, or vary the order of the sale prior to the close of sale on timed auctions.
12. The Auctioneers shall not in any circumstances be obliged to announce any reserve price.

Buyer Premium & VAT:

13. All Lots are inclusive of 20% VAT of the Hammer Price unless otherwise mentioned on the website.
14. All Lots are subject to Buyers Premium of 15% + VAT which includes Express Bidder surcharge.
15. Limited Offer: If you pay by bank transfer payment method then Buyer Premium will be charged at reduced rate of 10% plus VAT (12% inc. VAT).

Payment Timeframe:

15. All buyers must pay within 48 hours (2 Working Days) of auction ending. Payments can be made via Bank Transfer and Debit/Credit card. We may also send a payment link via email to make a payment of winning lots. We do not accept card payments over the phone.
16. Any buyers who failed to make a payment within timeframe or default on payment may be “blacklisted” and barred from all further sales on Express Bidder.
17. We will not be able to dispatch the goods or lots until cleared funds received as mentioned above.

Viewing:

18. We now offer virtual viewing only. You can decide based on our inspection report and video of the item or lots you want to bid on.
19. You can also ask question about a particular lot over the phone or via Product enquiry tab on the lot details page.

Collection:

20. In-person collection is not possible.

Deliveries and Packaging:

21. We offer fixed postage packaging charges per lot.
22. Delivery charges will be shown to you before you checkout and pay for the winning lots. Delivery charges mentioned are for UK Mainland only and extra payment for delivery may be required for Northern Ireland and some parts of UK. All delivery charges are inclusive of VAT.
23. Delivery prices are guideline only and we may charge less or more depending on if you have won multiple lots.

Non-Payment:

24. All items must be paid within 48 hours, after which item will enter for re-auction and you will be barred for any future auctions and may be legally perused for non-payment.

Cancellation:

25. You cannot cancel or retract your bid unless authorized by the Auctioneers.

Insurance & Risk

26. Goods are at the Seller’s risk until sold and it is for the Seller to make appropriate insurance arrangements until title is handed to the buyer on the close of sale on timed auctions.
27. All goods purchased are the Buyer’s responsibility from the moment they are sold to him, on the close of sale on timed auction. The Buyer should make his own insurance arrangements with effect from that time.
28. Notwithstanding Clauses 31 and 32 above, the Auctioneers will take reasonable care of the goods whilst in their care and in the event of their staff assisting to remove the goods after the sale.

Returns/Refunds policy

29. We do not state that if a Lot is faulty and all lots are “Sold as Seen” Sale of Goods Act 1979 and Consumer Rights Act 2015 does not apply. You deemed to have satisfied yourself under clause 7 of these terms before bidding.
30. We have created this Refunds/Returns policy to enable you to return or get refund in appropriate circumstances.
31. This policy shall apply to all of our customers, irrespective of their geographical location.
32. This policy shall apply to all Winning Bidders. We run only timed online auctions via www.expressbidder.co.uk website. We do not accept Bids over the phone.
33. If you have no other legal right to return a product and receive a refund or return, then you will nonetheless be entitled to return a product to us and receive a refund in accordance with this policy if:

(a)      Lot has been misdescribed or incorrectly sold by the auctioneer;

(b)      the returned product is unused, in its original and or unopened packaging with any seal or shrink-wrap intact, with any labels still attached, and otherwise in a condition enabling us to sell the product as originally sold;

(c)      you comply with the procedure set out in this policy in relation to the return of the product; and

34. In order to take advantage of your rights under this policy, you must write an email to us returns@expressbidder.co.uk.
35. Products/Item returned under this policy is your responsibility until it reaches us, so for your own protection, we would recommend using a tracked or registered delivery service. Return delivery address will provided if we agreed to accept your return
36. You will be responsible for paying postage costs associated with returns under this policy.
37. The following kinds of products may not be returned under this policy:

(a)      food, drink and any other products liable to deteriorate;

(b)      DVDs, CDs and other audio or video or audio-visual recordings;

(c)      computer software (whether on CD-ROM, DVD-ROM or otherwise);

(d)      newspapers, periodicals, magazines or similar products;

(e)      gift vouchers;

(f)      Clothing e.g. underwear, swimwear;

(g)      Fragrances;

38. We will give you a refund for the price you paid to us in respect of any product properly returned by you in accordance with this policy.
39. We will not refund to you the original delivery charges relating to the returned product.
40. We will not refund to you any costs you incur in returning the product to us.
41. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
42. We will process the refund due to you as soon as possible and, in any event, within 7 days following the day we receive the returned product.
43. If you return a product in contravention of this policy and you do not have any other legal right to a refund or exchange in respect of that product:

(a)      we will not refund the purchase price or exchange the product;

(b)      we may retain the returned product until you pay to us such additional amount as we may charge for re-delivery of the returned product; and

(c)      if we do not receive payment of such additional amount within 14 days of issuing a request for payment, we may destroy or otherwise dispose of the returned product in our sole discretion without any liability to you.

Liability for Accidents

44. Neither the Seller nor the Auctioneer shall be under any liability pursuant to section 6 of the Health and Safety Act 1974. The purchaser must undertake such reasonable and practical steps as are sufficient to ensure that his purchase will be safe and without risk to health and safety when properly used.

General

45. The Auctioneers have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting its business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in various systems’ capabilities.

Privacy Policy

46. Please visit our website https://www.expressbidder.co.uk to read our privacy policy.

Severability

47. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and unenforceable, the other provisions will continue in effect.
48. If any unlawful and unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Third party rights

49. These terms and conditions are for our benefit and your benefit, and are not intended to benefit or be enforceable by any third party.
50. The exercise of the parties’ rights under these terms and conditions is not subject to the consent of any third party.

Entire agreement

51. These terms and conditions, together with our privacy policy, constitute the entire agreement between you and us.

Law and jurisdiction

52. These terms and conditions shall be governed by and construed in accordance with English law.
53. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

Statutory and regulatory disclosures

54. We are registered in Companies House; you can find the online version of the register at http://wck2.companieshouse.gov.uk, and our registration number is 06480500.
55. Our VAT number is GB947265492.

Our details

56. Express Bidder (a trading name of Talking Direct Limited).
57. We are registered in England and Wales under registration number 06480500, and our registered office is at Abbey House, 450 Bath Road, Uxbridge, UB7 0EB.
58. Our principal place of business is at Abbey House, 450 Bath Road, Uxbridge, UB7 0EB.
59. You can contact us by writing to the business address given above, by using our website contact form, by email to info@expressbidder.co.uk or by telephone on +44 (0) 20 8671 9932.