General Conditions of Sale
By registering to bid you acknowledge that these General Terms and Conditions of Business are subject to change at anytime, even after registration, when the change required is to comply with Government or regulatory guidelines.
DEFINITIONS AND GENERAL CONDITIONS
In these conditions the following words and expressions shall have the following meanings:
Auctioneer – Outhouse CLG
Buyer’s Premium - The commission payable to the Auctioneer by the buyer
Hammer Price - The Final price at which a Lot is knocked down by the Auctioneer to the buyer.
Lot - Any item which is deposited with the Auctioneer with a view to its sale at auction and, in particular, the item or items described against any Lot number.
Total Amount Due - The Hammer Price of the Lot sold, the Buyer’s Premium and any additional interest, expenses or charges due hereunder.
To make condition reporting as simple and understandable as possible, the condition of lots will be denoted using the terms below:
- Excellent Condition
- Good Overall
- General Wear & Tear
All disputes in relation to the condition must be sent to email@example.com within 5 days of the receipt of sale. All accepted disputes will be reviewed within 7 working days.
Admission to Auctions
The Auctioneer shall have the right exercisable in its absolute discretion to refuse attendance at its auctions in person or online.
Acceptance of Bids
The Auctioneer shall have the right exercisable in its absolute discretion to refuse any bids, advance the bidding in any manner it may decide, withdraw any Lot, and, in the case of a dispute, to put any Lot up for auction again.
The buyer shall be the highest bidder acceptable to the Auctioneer who buys at the Hammer Price. Any dispute which may arise with regard to bidding or the acceptance of bids shall be settled by the Auctioneer. Every bidder shall be deemed to act as principal unless the Auctioneer has prior to the auction, acknowledged in writing that a bidder is acting as an agent on behalf of a named principal.
The Buyer’s Premium
The buyer shall pay the Auctioneer a buyer’s premium at the rate of 12% of the Hammer Price on all individual lots. Buyer's Premium of 12% of the Hammer Price per lot purchased will be added to your final invoice. This covers our administration and postage costs. If you have any questions regarding Buyer’s Premium, please contact firstname.lastname@example.org
Successful online bidders will be notified of their purchases by email within 3 business days of the auction. The email used will be the one supplied by the buyer upon registration. Payment is due no later than 5 business days post-sale. Payment for packing and shipping may be a separate charge covered under the “Shipping” section.
In the event payment in full is not received within 15 days from the date of the auction, any outstanding amounts will be charged to the credit card on file.
Buyer’s Default. If you fail to fully pay for your auction purchases, including all applicable expenses, fees, and taxes by the due date (three business days after the date of sale) or if any of the terms and conditions herein are not complied with by you, we can hold you legally responsible for the Total Purchase Price plus any applicable fees, interest, or taxes, as well as any additional legal fees, accounting fees, collections costs, incidental damages, expert fees, or other costs related to your default should we choose to begin legal proceedings for recovery of all outstanding amounts.
Outhouse reserves the right to choose the desired method of delivery and/or pickup but we will work with both buyers and sellers to determine the best method of delivery for everyone. Prior to account settlement, Outhouse will work with the buyer and seller on the desired method of receipt of your Property - Outhouse reserves the right to choose methods of delivery of either a central drop-off location in which the buyer will make arrangements to pick it up there, and/or Outhouse will arrange a delivery, either with a handler of our choice, direct from the seller or with a reputable “common carrier” (e.g., DPD, UPS, etc). We reserve the right to hold the merchandise until cleared or certified funds are received and your account is fully settled.
In addition to shipping/delivery, arrangements can be made for purchased items to be picked up in Outhouse at 105 Capel Street, Dublin 1, D01 R290, Ireland. Any items won during the auction will not be available for pick-up until the third business day after the auction. Anyone planning to pick up property from Outhouse should email email@example.com in advance to make arrangements.
Please contact Outhouse auctions with any questions at firstname.lastname@example.org
Reservation of Title
Notwithstanding delivery or passing of risk to the buyer the ownership of a Lot shall not pass to the buyer until they have paid to the Auctioneer the Total Amount Due and collect the Lot from the premises.
Packaging and Handling of Purchased Lots
Purchased Lots may be packed and handled by the Auctioneer, its employees, servants or agents. Where this is done it is undertaken solely as a courtesy to buyers and at the discretion of the Auctioneer. Under no circumstances shall the Auctioneer, its employees, servants or agents be liable for damage of any kind and howsoever caused to glass or frames nor shall the Auctioneer be liable for the errors or omissions of, or for any damage caused by, any packers or shippers which the Auctioneer has recommended.
Non-Payment or Failure to Collect Purchased Lots
If a buyer fails to pay for any purchased Lot by the dates herein specified for payment the Auctioneer shall, in its absolute discretion and without prejudice to any other rights or remedies it may have, be entitled to exercise one or more of the following rights or remedies without further notice to the buyer:
(a) To issue court proceedings for damages for breach of contract;
(b) To rescind the sale of that Lot or any other Lots sold to the buyer whether at that or at any other auction;
(c) To resell the Lot or cause it to be resold whether by public auction or private sale. In the event that there is a deficiency between the Total Amount Due by the buyer and the amount received by the Auctioneer on such resale after the deduction of any necessary expenses the difference shall be paid to the Auctioneer by the buyer. Any surplus arising shall belong to the seller;
(d) To store (whether at the Auctioneer's premises or elsewhere) and insure the purchased Lot at the expense of the buyer;
(e) To charge interest on the Total Amount Due at the rate of 2% over and above the base rate from time to time of the European Central Bank or if there be no such rate, the nearest equivalent thereto as determined by the Auctioneer in its absolute discretion from the date on which payment is due hereunder to the date of actual payment;
(f) To retain that Lot or any other Lot purchased by the buyer whether at the same or any other auction and release same to the buyer only after payment to the Auctioneer of the Total Amount Due;
(g) To apply any sums which the Auctioneer received in respect of Lots being sold by the buyer towards the settlement of the Total Amount Due.
(h) To exercise a lien on any property of the buyer in the possession of the Auctioneer or whatever the reason.
(I) To charge the buyer's registered card for the full amount outstanding, including any additional charges the auctioneer may need to apply to complete the sale (Storage, Shipping etc).
Anyone 18 years of age or older may bid at Outhouse CLG’s online auctions (auction.outhouse.ie).
Bidding is an indication of your acceptance of all terms stated herein, including any changes/supplements added to the catalogue, posted on our website, announced at the time of the sale or posted in the auction gallery, without exception. Acceptance of these terms and conditions constitutes a legal and binding contract and will be executed without exception. If you have any questions, please be sure to seek clarification before you bid.
Online Bidders: Must follow the registration steps required by the applicable bidding platform and are subject to both the terms and conditions of the online bidding company and Outhouse Auctions. We will use reasonable efforts to carry out online bids and do not accept liability for equipment failure, inability to access the internet or software malfunctions related to the execution of online bids.
Property Withdraw, Lot Consolidation/Division, and Lot Re-Sequencing. We reserve the right, in our sole discretion, for any reason we deem necessary, to withdraw any property from any sale at any time prior to the sale of the property, divide the property of a lot up into multiple lots to be offered for sale, consolidate multiple lots into fewer lots to be offered for sale, or rearrange lot sequencing. You agree to hold Outhouse harmless for any such actions. Unless otherwise announced by the auctioneer at the time of sale, all bids are per lot as numbered in the catalogue and no lots shall be divided or combined for sale.
Reserves. Unless otherwise indicated, all lots in the catalogue are subject to a reserve. A reserve is a confidential minimum hammer price that a lot can be sold for. Any lots that are offered without reserve will be labelled "NO-RESERVE LOT” above the lot number. The reserve cannot be more than the low estimate of the lot.
Estimates. Estimates are based on the condition, rarity, quality and provenance of the lot and on prices recently paid at auction for similar property. Estimates may be subject to change. No party may rely on any estimate as a prediction or guarantee of the selling price of a lot or its value for any other purposes. Estimates do not include any buyer's premium or any other applicable taxes or charges.
Online Platforms and Bidding. Outhouse may allow clients to bid online via our own website, mobile application, or other third-party online platforms. By using any of these digital platforms to participate in a sale, you acknowledge that you are bound by these Terms and Conditions, as well as any additional terms and conditions stipulated by the digital platforms. At any time, Outhouse may terminate, suspend, change, discontinue, or add to any aspect of the digital platforms and/or services, in our sole discretion, without liability. We also may restrict, suspend, or terminate the use of access for anyone at any time when using any digital platform to participate in a sale. You acknowledge that Outhouse has no responsibility for any of the content, interaction, or risks associated with a third-party digital platform. Under no circumstances is Outhouse liable, directly or indirectly, for any loss or damage that you may incur on any digital platform. We are not responsible for any errors or omissions related to this type of bidding in any way. You further agree to hold us harmless should we fail to execute any such bids or should the digital platform, software, tool, and/or technology that you used to bid fail you at any point, for any reason.
Bidder recognition: The auctioneer shall only accept bids from properly registered bidders who place bids either in pre-bids or live during the online auction. The auctioneer shall acknowledge the top bidder as the winner. In the event of a disputed bid, the auctioneer will have sole and exclusive authority to resolve the dispute and determine the winning bidder. In addition, The auctioneer has sole discretion and reserves the right to:
A. Reject or refuse to accept any bid or bidder that may be deemed inappropriate for any reason.
B. Pass/withdraw any items in the auction which do not open at a price commensurate with the items’ value.
You may not, under any circumstances, amend, retract or revoke your bid after it has been placed. We are not responsible for any errors you make in bidding. All bids onbid.marlinart.com require a bid confirmation on the platform for this reason.
GENERAL DATA PROTECTION REGULATION (GDPR)
Outhouse is committed to the protection of your personal data and will only process your data in accordance with our privacy statement, a copy of which can be viewed on our website here. By registering an account to participate in the auction you consent to the receipt of marketing materials related to the auction, Outhouse and its activities, opportunities to support its work and get involved in advancing its mission.
INDEMNIFICATION AND LIMITATION OF LIABILITY
Indemnification. You agree to defend and indemnify Outhouse, its affiliates and related entities (including but not limited to Its sponsoring organisation), its officers, its directors, its employees and agents, and hold the same harmless from and against, any and all claims, demands, actions, liabilities, costs, losses and/or damages (including, without limitation, indirect, incidental, consequential, economic, compensatory, and/or business losses), and expenses (including, without limitation, reasonable attorneys’ fees of counsel selected by the indemnified person, who may be in-house counsel, and any expert or accounting fees) in anyway arising out of or resulting from your use of any tools, software, digital platforms, websites, bidding platforms, or materials provided by Outhouse or any third party in connection to Outhouse Auctions, including but not limited to print catalogues, bidder registration forms (both print and digital), website content and functionality, any digital platform or service thereon, your placement or transmission of any messages, information, content, or other materials through email or any digital platform, or your deceptive omissions or fraudulent acts, or your breech of these Terms and Conditions, or your violation of any laws or regulations or any right of any third party (including infringement of any intellectual property rights of any entity). Furthermore, we reserve the right to assume exclusive control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Outhouse in defence of any such claim. Outhouse shall provide prompt notice to you of any such claim or lawsuit, provided that we are made aware of such legal action, and, if it is one asserted by a third party, we shall provide reasonable assistance to you, at your expense, in your defence against any such claim or lawsuit.
Limitation of Liability for Representation or Warranties. Except as expressly provided herein, all property is sold “as is.” Outhouse CLG makes no explicit or implicit warranties or representations, as to the value, condition, accuracy of the description, attribution, authenticity, age, period attribution, or provenance of the property. The buyer agrees that Outhouse shall not be held liable for any damages or losses from errors or omissions in such things. Outhouse makes no guarantees or warranties with regard to the transfer of ownership or granted licences or any intellectual property under any circumstances. Furthermore, if any act of God, terrorism, natural disaster or other similarly-unpredictable, unanticipated, and uncontrollable event prevents Outhouse from fulfilling its obligations or causes damages, losses, or harm to any buyer in any way, the buyer agrees that Outhouse will not be held liable beyond any existing balance due at the time of the subject event and limited to the funds recoverable from insurance policies, provided that, at the time of the event, Outhouse retained such insurance.
Limitation of Digital Warranties and Liabilities. All online and digital platforms that Outhouse uses or offers, both in-house and third-party, including but not limited to, all functions, materials, content, experiences, and services, is provided "as is," "as available," and without warranty of any kind. Outhouse is not liable for any aspect of online and digital platform service, including but not limited to data processing, uptime, uninterrupted access, accuracy, or data. Outhouse makes no warranty or guarantee that any online and digital platform meets user expectations or requirements. Outhouse assumes no liability for any potential risk that may relate to online and digital platforms, including but not limited to viruses, lost data, stolen data, damaged data, or any other personal property that may be affected through the use of online and digital platforms. Outhouse also assumes no responsibility for any error or issue that relates to our auctions on any online or digital platform, including but not limited to bidding errors, downtime during an auction, loss in winning any lot offered in the sale, or confusion or misunderstanding of platform operations or content. If you are dissatisfied with any such digital platforms, you shall cease use of the platform and notify the platform owner.