Terms and Conditions

Terms and Conditions

1.    Selling:

General Weekly Auction selling:

Items entered at our Auction Centre, we accept items  Monday to Friday 10.00 till 15.00. We reserve the right to enter items as we see fit, depending on how busy we are, some items may not be offered for sale for up to 4 weeks, we offer a paid for collection service by legal fully insured transport company, please call for a quote: 966 792 839 or WhatsApp +34 639 70 68 91

Definitions for the purpose of these Terms of Business & Conditions of Engagement:

The Company is the Auctioneer and the Vendor is the person instructing the Auctioneers to sell goods by Auction. The Purchaser is the person who acquired goods at Auction.

1. The Auctioneers Conditions of Sale, are presented on our website and are available on request from the office. Vendors are considered to have agreed acceptance of the same when requesting the entry of goods for sale into Auction.

2. Upon receipt of a completed Entry Form, the Vendor will be notified of the appropriate auction date(s) only if requested.

3. The Auctioneers reserve the right to catalogue goods as they see fit, The vendor gives The Auctioneers absolute right to photograph and illustrate any item placed for sale and to utilise the results as The Auctioneers deem necessary, determine in which sale these shall be included, (i.e.,General or Specialist) and refuse any lots considered to be unsaleable or of negligible value. They shall not be held responsible for any expenses or loss incurred thereby or for the postponement or cancellation of sales, howsoever caused. Vendors do not incur storage charges for goods held with the Auctioneers, pending sale.

4. The Auctioneers act as agents only and do not hold themselves responsible for any default on the part of the Vendors or Purchasers. Furthermore, the Auctioneers give notice that they are not liable for faults or imperfections found with any lot, for any errors or omissions in description made by the Vendors themselves or their agents,

5. The Auctioneers will not accept electrical equipment for sale unless these are working order, faulty items will carry a fee of € 5.00 per item item if stated by the vendor GWO (Good Working Order) and they are faulty.

6. The Vendor shall indemnify the Auctioneers against any claim in connection with goods sold on the Vendors instruction to be in working order or with declared faults, any failed sales due to misrepresentation on the condition of any lot will be subject to a lost commission charge, 15% of hammer price, this will be deducted from any funds within the selling account or charged by way of invoice to the vendor, and is at the auctioneers discretion,  a guarantee to Lumsden Auctions that they have legal title to the goods or authority from the owner to sell, that they are over 18 and that details given as to their identification are true and accurate, Photo I.D. is required to sell ALL items.

7. Owners of item/s leave them at their own risk and no responsibility is accepted for them by the Auctioneers whilst they remain on the premises, Insurance is the responsibility of the vendor until the fall of the hammer thereafter the responsibility falls to the purchaser

8. All items offered will be subject to an Auctioneers discretionary margin of 10% of the set reserve, Withdrawal of lots – the vendor is entitled to withdraw any lot prior to Auction sale. Lumsden Auctions  will charge 15% lowest estimate plus 10% lost buyers premium on items withdrawn once advertised in internet, to be paid on collection of lots or deducted form account balance.

9. Vendor’s commission is charged on the hammer price at a rate of 15% plus IVA at the current rate we also reserve the right to charge a lotting fee of 0.50 Euro per individual lot, per sale, irrespective of the value of the item. The lotting fee will be charged to all clients and all lots entered from the 01/01/2022. There is NO Commission Charged on UNSOLD Lots, (see note 10)

10. Any items that fail to sell will automatically be entered into the next appropriate sale, without reference to the Vendor and If applicable attract lotting fees unless the Vendor SPECIFICALLY withdraws the item. The Auctioneers reserve the right to dispose of all unsaleable after 3 weeks.

11. Payment (without interest) will be made to the Vendor in cash up to €500.00 higher amounts will be paid by *bank transfer or *Paypal (*fees may apply and payments by this means will only be made when ALL lots are sold within the account),  following the sale date and after the deduction of premium commission, IVA and expenses (where applicable) provided that full payment has been made by the Purchaser, vendor payments remaining uncollected with no contact or communication for 12 months will be donated to charity, at the Auctioneers discretion.

12. Notwithstanding any other of these Terms and Conditions of Engagement, if within 7 days of the sale of any lot, the Purchaser gives written notice to the Auctioneers that in his or her opinion, it is a deliberate forgery as defined below and that within 14 days of the sale, returns the lot to the Auctioneers, at their expense, in the same condition as it was at the time of sale and by producing evidence (the burden of proof being on the Purchaser) satisfies the Auctioneers that the lot is a deliberate forgery; then the Auctioneers are authorized to, and will rescind the sale and refund the purchase price received by them. This right is limited to the buyer and may not be assigned. The Vendor will also be bound by this condition.

13. NB: In the context of this guarantee, “a deliberate forgery” means a lot made with the intention to deceive when considered in the light of the catalogue entry and which at the date of sale had a value substantially less than it would have had, had it been in accordance with the description. However, there will be no right where the catalogue description, at the time of sale, was in accordance with the general understanding and opinion of experts, or fairly indicated there to be a conflict of opinion. The Auctioneers reserve the right in forming their opinion to consult and rely upon any expert or authority considered by them to be reliable.”

14. A Vendor may place reserves on any lots (minimum €5.00) but unless instructed to the contrary, all lots will be sold without reserve or at the Auctioneers discretion. Lots failing to reach reserve prices may be sold after the sale at or above the reserves or by agreement with the Vendor. If a lot fails to sell at the initial auction, it must be subject to a 15% reduction in lower estimate or reserve on each subsequent entry.

15. IVA (at applicable) will be levied on all fees, charges and expenses at the current rate.

16. Vehicle selling, Documentation required for selling a Spanish registered vehicle is: Permiso De Circulacion, Tarjeta Inspeccion Technica, latest paid Suma Bill, Copy Passport or residencia card, copy NIE Document, the vehicle must have an ITV to enable transfer.

The SELLER is solely responsible for the accuracy, veracity and detail of the information contained in the Registration Form, and LUMSDEN AUCTIONS cannot, under any circumstances, be held responsible by the SELLER, by the buyers or by third parties for falsehood, inaccuracy or omission. of such information.

The purchase and sale of any vehicle through auction, carried out by LUMSDEN AUCTIONS , is considered a business exclusively concluded between a SELLER, represented by LUMSDEN AUCTIONS within the scope of a mandate to act on its own behalf and in the interests of the SELLER AND THE BUYER cannot under any circumstances hold LUMSDEN AUCTIONS responsible for any litigation that such business may give rise to.

In accordance with the provisions of the above, the parties to the purchase and sale contract will be the SELLER to whom the tendered lot belongs and the BUYER, LUMSDEN AUCTIONS intervening within the scope of the mandate referred to above as a simple agent of the SELLER to search for a buyer. vehicle and obtain the sales price desired by the SELLER.

Vehicles are sold in "as is" condition. The equipment of the vehicles is offered for information purposes and without verification of their operating status, as delivered by the selling company, including the documentation (technical sheet and registration certificate). The BUYER therefore acquires a vehicle in the state of conservation and cleanliness in which it is found and cannot hold LUMSDEN AUCTIONS responsible for its condition.

LUMSDEN AUCTIONS does not give any type of guarantee for the auctioned vehicles nor does it assume any type of responsibility for the information on the vehicles, which has been provided by the SELLER , who is the sole and final person responsible for the state of conservation and cleanliness of the vehicle. as well as all the information related to said vehicle

Vehicle Selling British vehicle requirements, A V5 document or transfer slip must accompany the vehicle, & a copy of passport.

Online Bidding:

1.    Registration & Bidding

• Before you can bid via Online Bidding, you must register to bid online. The Bidding registration page can be accessed by clicking here.
• New user registration requires a Verification Process by our system, we require a mobile telephone number, the mobile number will be sent a code which will be required at the registration page to complete registration.
• Once you have registered you should keep your account details strictly confidential and you must not permit any third party to use or access your account on your behalf or otherwise. You will be liable for any and all bids made via your account.
• You will need to register for each Sale that you wish to bid on. This can be done on the relevant Sale details screen, please note by registering to bid you are accepting  the terms and conditions of that Auction sale.

Online Bidding Process

• Once you have successfully registered for Online Bidding in a Sale, you will be eligible to bid online at that Sale,
• During a Sale, you can bid for a lot by clicking the Bid button. Each bid shall be final and binding as soon as you click the Bid button, however we allow a 5 minute delay on  bid acceptance  in case of any typing errors, after this period the bid is Final.
• The current bid will be displayed on your screen during the Sale. In the event of a tie between a bid placed by you online and any other identical bid(s) (including proxy bids), it will be at the auctioneer’s discretion as to which bid shall be accepted.
• You acknowledge that you are bidding in a Online auction and you agree that each bid submitted as provided in these terms and conditions is irrevocable and cannot be amended or corrected, even if submitted in error and notified to us. You accept full liability for all bids submitted via your Online Bidding account (including the liability to pay in full and on time in accordance with the Bid Conditions for any lot that is the subject of a successful bid submitted from your account).

What is Online proxy bidding?

• Proxy bidding (Automatic Bidding) makes bidding on online auctions easier and less time-consuming for buyers once the auction reserve price has been met if any exist
• Lumsden's system will automatically place a bid on your behalf for the lowest amount possible up to your maximum bid using an increment bidding system.  This allows you to remain the highest bidder for the auction and your proxy bid will remain confidential.  Incremental bidding will only take effect once the reserve price has been met if any.  To use Lumsden's proxy bidding system enter the maximum price you are willing to bid for the lot in the bid box and ensure you select proxy otherwise the system defaults to Absolute bid, if you make an error you can just can cancel your bids at any time by selecting the red dustbin within the lot details
• If you are the highest bidder you will receive an email stating you are the highest bidder at that moment, however this does not mean you have won the lot, this is explained fully in your highest bidder email, you may be outbid  until auction close, if you are the Highest bidder when the auction closes, you are the winner.  When you win the auction with proxy bidding you pay only the lowest possible winning bid, which may not necessarily be your maximum bid.

Please note: When proxy bidding is used it may appear as if one bidder has outbid another with the exact same amount.

Example: Bidder 1 has set a maximum proxy bid of € 20.00 and Bidder 2 places a bid that matches that amount.  Because Bidder 1 placed his/her proxy bid earlier, it has priority and will be the current highest bid.  Bidder 2 must then place a new, higher bid of ≥ €20.00 to continue in the auction. This rule applies for any auction with two or more participants.

Absolute Bidding:

An Absolute Bid (or traditional bid) is the “immediate” amount a bidder wishes to pay for an item. If an Absolute bid is successful, the high bid will increase directly to the full amount of the Absolute bid.

1. Example 1:
   Assume the current high bid on an item is € 100 and is held by Bidder A with NO proxy  bid. If the minimum raise is €10, then Bidder B must bid at least €110.  However  If Bidder B places an Absolute bid of €150 then the high bid will increase immediately to €150 with Bidder B as the new high bidder.
2. Example 2:
   Since it is important to note that Absolute bids may be competing against Proxy  Bids in the Combination Bidding environment, consider another example that is the same as the first except Bidder A has a proxy Bid of €170.  Note that by definition the Proxy Bid of €170 is not seen by Bidder B. In this case, the €150 bid placed by Bidder B will raise the high bid to €160 (€150 + the €10 minimum increment) and Bidder A will remain the high bidder.
   
   

2 Minute Rule

This rule mirrors the principals of a live traditional auction whereby an auctioneer will still entertain bids from interested parties, enabling all bidders to lodge their interest. In the event of last minute bids a 2 minute rule will apply. This 2 minute rule stipulates any party who bids online within the last 1 minute of any Lot’s scheduled closing time will trigger an automatic extension of a further 2 minutes of online bidding. This 2 minute trigger will continue until 2 minutes has elapsed without any further competing bids and a winning bid is achieved, please note all bids in this period of the auction are full and final and offer NO cancellation period. 

Please note that Lumsden reserves the right to reject a registration to bid online, withdraw its permission for you to use Online Bidding, or terminate an Online Bidding account, for any reason at any time prior to, during or after a Sale.

2. After the Sale

• To find out if you have been successful in your bidding, you may check the results that are published by Lumsden online after the Sale and confirmed to you by email, or you can enter your Lumsden Auction Account and check your invoice history.
• You agree to pay for and collect or have delivered any lot that is the subject of a successful bid submitted by you or from your Online Bidding account, in accordance with the Bid Conditions.

3. Payment

• You are able to pay Cash on Collection/Delivery, Debit Card, Credit Card, Paypal & Bank Transfer . Full details are in the email you receive with your invoice. 
• Payments can also be made in Cash Only at our Auction centre, or Online Credit/Debit Cards & Paypal or Bank Transfer ( full details supplied on the Auction Invoice)

Delivery & Collections

Buyers have 3 days from Auction Close to pay & to either have collected or arranged delivery of the lots. Any lots left after this time may be subject to storage charges of €5.00 per lot per day / part day. We reserve the right to resell any goods that have been paid for but not collected within 10 working days and deduct reselling costs, storage fees, commissions etc. 

4. Use of the Online Bidding Service and Limitations Of Lumsdens’ Liability

• Lots are available for inspection prior to any Sale, and it is for you to satisfy yourself as to each and every aspect of a lot. You are strongly advised to examine in person any lot on which you may bid or have it examined on your behalf before any Sale.
• If you choose to use the Online Bidding service, you do so entirely at your own risk. Access to and use of Online Bidding is dependent upon, among other things, the availability of the internet and the speed and quality of internet connections, and we therefore encourage bidders to attend Sales in person whenever possible.
• All auctions are conducted in the euro currency on the Online Bidding screen. You are therefore advised to conduct your own research into the applicable exchange rates prior to placing a bid. Please note that the Sale is conducted, and all bids must be made, in the currency of the country in which the Sale is held. All bidding increments will be in that currency only. Payment for any lot that is the subject of a successful bid must also be made in the currency of the Sale and not in any other currency (even if that currency is displayed on the currency conversion tool). We do not accept any responsibility for any errors that may occur as a consequence of reliance upon a currency conversion tool.
• The content displayed via the Online Bidding service may contain inaccuracies and typographical errors and we do not warrant the accuracy or completeness of the content or that any defects will be corrected. Any reliance on any such content, advice, statement, or other information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the Online Bidding service and to make any changes to the features, functionality or content of the Online Bidding service at any time.
• Access to the Online Bidding service is made available as a convenience and on a temporary basis, and we reserve the right to suspend or terminate any aspect or feature of the Online Bidding service (including the Online Bidding service in its entirety) at any time, with or without notice. Without limiting the foregoing, we may suspend access to Online Bidding to carry out scheduled or unscheduled maintenance or for any other reason at any time.
• WE ACCEPT NO LIABILITY FOR ANY FAILURE OR DELAY IN EXECUTING BIDS OR ANY ERRORS CONTAINED IN BIDS PLACED VIA THE ONLINE BIDDING SERVICE.
• LUMSDENS AND ITS SUPPLIERS PROVIDE THE ONLINE BIDDING SERVICE AND THE LUMSDENS WEB SITE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING, WE ACCEPT NO LIABILITY FOR ANY FAILURES, DELAYS OR ERRORS CAUSED BY INTERRUPTIONS IN THE AVAILABILITY OF THE ONLINE BIDDING SERVICE OR OUR WEB SITE OR ANY ERRORS OR DEFECTS IN THEIR CONTENT OR FUNCTIONALITY, ANY SOFTWARE AND/OR HARDWARE DEFECTS (WHETHER YOURS OR OURS) AND/OR ANY INTERNET CONNECTION PROBLEMS (WHETHER YOURS OR OURS), AND WE DO NOT REPRESENT OR WARRANT THAT THE ONLINE BIDDING SERVICE OR THE WEB SITE WILL BE ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

References in this document to "Lumsden:, “Lumsdens”, “we” or “us” mean Lumsden Auctions, References herein to “you” and “your” mean the person or entity registering to bid or bidding in a Sale via the Online Bidding service.

5. Changes to These Terms and Conditions

We may from time to time make changes to these terms and conditions. Any changes will be posted on our website at www.Lumsdenauctions.com and we will endeavour to notify you of the same by means of a notice and link to the revised terms on our web site. Please review these terms and conditions regularly to ensure you are aware of any changes made by us. If you use Online Bidding after changes have been made and posted, you shall be deemed to have agreed to such changes. If you do not agree to such changes, you should not make any subsequent use of the Online Bidding service.

6. Governing Law, etc.

These Lumsdens Online Bidding Terms and Conditions shall be governed by, and construed in accordance with, the laws that govern the general Bid Conditions in respect of the applicable Sale as specified therein, and by the other terms and conditions as are set forth in such Bid Conditions.

Lumsden Auctions are traditional Auctioneers. We hold Preview days allowing bidders the opportunity to view and inspect the goods offered prior to bidding. We remind you that if you are a consumer you have no right of cancellation under the Distance Selling Directive (Directive 97/7/EC). The implied terms of The Sale of Goods Act do not apply to Auction Sales of Second hand goods (provided, opportunity to attend in person - see DTI Directive The Sale and Supply of Goods to Consumers Regulations 2002).

ALL GOODS ARE SOLD STRICTLY SUBJECT TO THESE TERMS & CONDITIONS. ANY PERSON WHO FEELS THEY CANNOT COMPLY MUST NOT BID.

7. Disclosure

The services herein are offered by Lumsden Auctions, Any Inquiries can be made to the following address:

Bank Details: IBAN ES76 2100 7765 0102 0024 4934   Swift/Bicc CAIXESBBXXX

Telephone 0034 966 792 839  Email  info@lumsdenauctions.com