Terms & Conditions of CGC Auctions
By selling your items via the cgc auctions eBay drop-off service you agree to be legally bound by these terms & conditions.
1. Introduction
These terms & conditions (the Terms) shall govern and be incorporated in every Contract between CGC Auctions (the Company) and the seller (the Seller) of an item or group of items (a lot) on the eBay online sales venue or any other auction platform (each a Site).
In these Terms, Contract means each individual arrangement for the Company to place a lot or lots on the Site on behalf of the Seller, and any purchaser of a lot is the Buyer.
The Company may require identification evidence from every Seller (such as, driving license, utility bill or other photo IDs), before it can act on the Seller's behalf.
2. The Lots
The Company agrees to act as agent for the Seller. The Company does not buy the lot from the Seller. The Seller remains solely responsible for any statement which the Seller makes about or description of a lot including but not limited to references as to its ownership, origin, date, age, or authenticity, and faults or defects in any lot, and other things the Seller does or says in relation to the lot including but not limited to any breach of these Terms. The Seller must satisfy itself that the information which the Company records regarding each lot is true and accurate.
3. The Seller's Obligations
The Seller confirms that all information supplied regarding the Seller's identity and each lot is true and accurate, and it is the owner of the lot, or is properly authorised to sell the lot by the true owner, and that it is able to transfer full ownership of the lot to the Buyer free from any other claim, and it is not registered for VAT. If this is not the case, the Seller should notify the Company in writing giving the VAT registration number. In addition to these terms & conditions it will comply with the Rules for each Site, which for the main current site eBay can be accessed on http://pages.ebay.co.uk/help/policies/index.html.
By default the Company will list all lots at a 99p Start Price. The Seller shall be entitled to put a Start Price of £30 or more on any lot but must do so before the Company places the lot for sale on the Site (a Start Price). The Company charges their minimum fee of £10 for setting a minimum £30 Start Price. The Company will credit the Seller for this fee should the lot sell, or if the Company re-lists the lot once at a reduced Start Price of 99p should the lot not sell on the first listing.
Any lot re-listed by the Company will start at 99p. The Seller will notify the Company to have the lot returned or collected prior to the re-list within 7 days of the end of the first listing.
Subject to any start price, the Company has absolute discretion to refuse any bid, to divide any lot, to combine any two or more lots or to withdraw any lot from sale as permitted by the Rules, and the highest bidder reasonably acceptable to the Company shall be the Buyer, and subject to the provisions of the Rules if, during the sale of a lot, the Company considers that a dispute has arisen, or in any other circumstances in which it would be reasonable, the Company may immediately put up the lot again for sale or, alternatively, it shall be the sole arbitrator in any dispute between bidders and its decision shall be final and binding on all concerned.
Where the Company makes a collection of items a fee of £20 - £60, depending on item value and location, will be charged and must be paid in full in cash on collection. The Seller will be made aware of the collection charge prior to confirming the collection appointment. At the sole discretion of the Company, an additional charge will be made if items are not ready for collection on the same floor level as the collecting vehicle. It is the obligation of the Seller to ensure there is adequate parking for the collecting vehicle, or to otherwise advise the Company in writing prior to the collection. Without such advice, any parking fees incurred while in the process of making a collection will be charged to the Seller at face value.
4. The Buyer
The Company does not act on behalf of the Buyer. The Company cannot guarantee the existence of, or bids made by, a Buyer or other bidders and are not responsible for anything they do or say in relation to a lot, including but not limited to any breach of the rules of the Site (the Rules). The Company will however use reasonable skill and care in offering each lot for sale on the Site.
The Company's liability to the Buyer or any third parties under any circumstances is limited to the sale price and any postage and packing charge of the relevant goods. The Company will not be responsible for damaged or lost shipments, so the Buyer must consider insurance, especially for more valuable items.
Where the Buyer wishes to collect an item The Company shall charge the Buyer a nominal fee of £1.75 for packing time and materials where such time and materials are required.
5. The Purchase Price & fee
In return for the provision of its services, and in addition to any Start Price fee, the Seller authorises the Company to deduct a fee of 30% of the purchase price paid by the Buyer, unless otherwise agreed in writing prior to the listing. The Company will only accept items likely to sell for £30 or more. Accordingly, if the item sells for less than £30, the Company will charge £10 or the final sale price, whichever is less.
Where a Seller cancels instructions for the sale, the Company will charge a fee of £10 as a contribution towards its reasonable handling costs. The Company shall remit the remainder of the purchase price received from the Buyer to the Seller within six weeks of the end of seven days of the Buyer receiving possession of the lot from the Company. A dispute with the Site or a bank will pause this period.
Where any lot fails to sell, the Company will notify the Seller accordingly, and re-list the lot once at a 99p start price, without charge. If the lot fails to sell on a second occasion, the Seller will make arrangements to collect the lot within 7 days of being so notified. If the lot is not collected within 7 days the Seller authorises the Company to use or dispose the item as it chooses, such as donate it or sell it with proceeds, minus a charge to cover its reasonable administration costs, to go to a recognised charity.
Payment is made to the Seller in the form of a cheque within 4-6 weeks from the item listing date. This is to allow time for listing term (usually 7 days), Buyer payment (usually 7 days), despatch of item to the Buyer (within 5 days), and opportunity for Buyer returns (usually 7 days).
6.CGC Auctions for Charity Programme
As part of the cgc auctions for Charity Programme, the Company will donate any items not collected by their sellers to a UK Registered Charity, such as Cancer Research UK, NSPCC and Oxfam,
7. Personal Data
The Company shall use the personal information supplied regarding the Seller to provide the services as requested by the Supplier under each Contract. The Company will not publish the Seller's personal information on the Site or pass it to any third party unless required to do so by the Rules of the Site, e.g. in the event of dispute, or by law. The Company may from time to time contact the Seller with information about the Company's services but the Seller may opt-out of receiving such information at any time.
8. General
All Contracts to which these Terms apply shall be governed by the laws of the relevant territory within the UK in which the Seller lives and the courts of that territory shall have the exclusive right to deal with any dispute.
The Seller acknowledges that the Company will commence supplying its services to the Seller when a Contract is agreed. As a result the Seller should be aware that it does not have the right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000 or any equivalent legislation. The Company's rights under each Contract remain in force at all times. If the Company does not enforce any or all of these rights for any period it does not mean that it has given them up.
The Company will compensate the Seller for any loss or damage that the Seller may suffer if it fails to carry out its obligations under each Contract to a reasonable standard or breach any duties imposed on it by law (including if it causes death or personal injury by its negligence) unless that failure is attributed to the Seller's own fault, a third party unconnected with the Company's provision of services under this Agreement, or events which neither the Company nor its suppliers could have foreseen or forestalled even if they have taken reasonable care. Prior to an auction being concluded the value of each lot for the purpose of possible compensation shall be the higher of its Start Price and Reserve Price. After the conclusion of an auction it will be the higher of its Start Price and the highest bona fide bid.
