the auctioneer will take possession of the goods from the seller prior to the auction.
the contracts concluded with the seller for the consignment of the goods and with the buyer for the purchase of the goods are on-premises contracts.The information that the auctioneer is required to provide to consumer sellers and buyers is set out at the start of the Terms of Consignment and Terms of Sale respectively.ġ.4 These Conditions have been prepared based on the following assumptions: These Conditions have been prepared on the assumption that all contracts with sellers and buyers are on-premises contracts (meaning contracts negotiated and concluded at the auctioneer’s premises). However, the extent of information to be provided depends on whether the contract itself is deemed to be a distance, off-premises or on-premises contract. As a result (and in order to prevent these Conditions becoming unwieldy and unbalanced), the auctioneer on occasion may accept more risk and responsibility in relation to its business buyers and sellers than it usually would (and indeed than it may legally have to) in order to bring these Conditions in line with the Act.ġ.3 The Regulations state that certain information about the seller/auctioneer, the contract and the consumer’s rights must be provided to a consumer prior to concluding any contract for the consignment or sale of goods. In addition, the Act sets out an indicative, non-exhaustive, list of terms which may be regarded as unfair and therefore not binding on a consumer. legible and expressed in plain and intelligible language). In particular, the Consumer Rights Act 2015 (the “ Act”) and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “ Regulations”) apply to auction sales held at the auctioneer’s premises.ġ.2 The Act stipulates that contractual terms that apply to consumers must be prominent and transparent (i.e. (2), (3) and (4) are used together as a packageġ.1 Modern consumer protection law, whether from the UK or the EU, is having a steadily increasing impact on the sale of goods by auction. The contractual terms that bidders and buyers at auctions are subject to The contractual terms that all sellers at auctions are subject to Information for buyers who will be subject to the Terms of Sale
CONDITIONS OF BUSINESS FOR ON SITE AUCTIONS
0 kommentar(er)
