Terms & Conditions
Terms & Conditions of Sale
Conditions of Sale – Buyer
1. Your Contract with Warwick Schools Foundation
(a) We conduct business with Bidders, Buyers, and all those present at Live Auctions on these Conditions of Sale, together with any additional terms, conditions, and notices published by us.
(b) By agreeing to these Conditions, you confirm that you are at least 18 years old.
(c) We may reasonably amend these Conditions from time to time. It is your responsibility to check for updates. Your acceptance of these Conditions when registering to bid constitutes your acceptance of such changes.
(d) Definitions used in these Conditions are set out in Condition 13.
2. Bidding Procedures
(a) Individuals or traders who wish to bid must register their details with us before bidding, through the Warwick Bridge House Theatre website.
(b) We may request, before or after registration, a bank guarantee, advance payment, or financial reference before permitting you to bid.
(c) The highest bidder at the Hammer Price shall be the Buyer. Any dispute over a bid shall be settled at the auctioneer’s reasonable discretion, which may include reoffering the Lot.
(d) Bidders are deemed to act as principals.
(e) Once made, no bid may be withdrawn.
(f) We reserve the right to refuse any bid and to bid on behalf of the Seller up to the Reserve.
3. Conduct of Live Auctions
(a) Live Auctions will be held on and only on Friday 21 November 2025. We may, at our reasonable discretion, pause or cancel an Auction (for example, due to technical issues).
(b) Bidders may place bids only in person
(c) We reserve the right to withdraw a Lot, or to divide or combine Lots, at our discretion.
(d) The auctioneer may set and adjust bid increments.
(e) Successful Bidders will be notified in person and/or by email. If you believe you have won a Lot but receive no confirmation, you should contact us promptly.
(f) Until you receive confirmation that your bid has been accepted at the Hammer Price, neither Warwick Schools Foundation nor the Seller is obliged to sell the Lot to you.
Unsold Lots
If a Lot is unsold (other than being withdrawn), it will be donated to Kissing It Better.
4. The Purchase Price
The Buyer shall pay the Hammer Price.
5. Payment
Immediately after a Lot is sold to you, you must:
(a) Provide proof of identity if requested.
(b) Pay the Total Amount Due in full by one of the following methods (or as otherwise agreed):
Debit or credit card [TC1] (including contactless payments).
6. Title and Collection of Purchases
(a) Ownership of any Lot passes to you only once full payment has been received.
(b) You must collect purchased Lots, at your own expense and risk, within 5 working days of the Auction (or once payment has cleared). After this, you will be responsible for storage, removal, and insurance costs.
(c) No Lot may be collected until paid for in full.
7. Remedies for Non-Payment or Failure to Collect
If you fail to pay in full or collect a Lot, we (as agent for the Seller and on our own behalf) may, without prejudice to other rights, exercise one or more of the following remedies:
(a) Claim damages for breach of contract.
(b) Rescind the sale of that or other Lots.
(c) Resell the Lot (by auction or private sale). You will be liable for any shortfall, after crediting part-payments and deducting resale costs. Any surplus shall belong to the Seller.
(d) Store and insure the Lot at your expense.
(e) Retain any of your Lots until full payment is received.
(f) Refuse or condition future bids from you.
(g) Apply proceeds from the sale of other Lots due to you against any outstanding sums.
(h) Exercise a lien over any of your property held by us until debts are cleared.
(i) If a Lot remains uncollected after 30 days, you shall pay a storage fee of £5 per day until collection. We will not release the Lot until all sums are paid.
We will pursue remedies only so far as reasonably necessary to recover losses.
8. Third-Party Liability
(a) Any person attending our premises or Auction does so at their own risk. Neither we nor the auctioneer accept responsibility for loss, injury, or accident.
(b) Nothing in these Conditions excludes or limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot be excluded by law.
9. Warranty of Title
The Seller warrants that they are the true owner of the Lot (or properly authorised by the owner) and can transfer good title free from third-party claims.
10. Agency
As auctioneers, we usually act as agents for the Seller, whose identity is normally confidential. Your contract of sale is with the Seller, and we accept no responsibility for any default by Seller or Buyer.
11. Information, Estimates, Descriptions and Condition
(a) Lots correspond only with the catalogue entry in bold and any accompanying photograph. Other catalogue text represents opinion only.
(b) Estimates are intended as a guide. They may change and do not include Buyer’s premium or VAT (if applicable).
(c) Buyers must satisfy themselves as to description and condition of Lots before bidding. Opinions on authorship, genuineness, origin, or condition are honestly held but not guaranteed. Nothing in this Condition affects your statutory rights. Dimensions are rounded to the nearest centimetre.
12. General
(a) We may refuse admission to our premises or Auctions.
(b) We may refuse or withdraw a Bidder’s registration.
(c) Rights of recovery and exclusions apply equally to our employees, agents, and the Seller.
(d) Notices will be available at reception and announced during Auctions.
(e) English law governs these Conditions, and the courts of England and Wales have exclusive jurisdiction.
13. Definitions
Words defined in this clause mean the following for the purposes of these terms and conditions:
“Auction” means a Live Auction to be conducted in accordance with these Conditions;
“Auctioneer” means our representative who shall be solely responsible for the Live Auction or Online Auction, and shall conduct the Auction in accordance with these Conditions;
“Bidder” means a potential Buyer who has been accepted for registration in accordance with Condition 2 who is present or represented at an Auction;
“Buyer”, “you”, “your”, etc. refers to the buyer;
“Warwick Schools Foundation”, “our”, “us”, “we” means Warwick Schools Foundation, a registered charity;
“Hammer Price” means the highest bid, accepted by the Auctioneer conducting the Live Auction, that meets or exceeds the Reserve Price, if any, and complies with these Conditions, and in a Live Auction meets any other additional conditions or notices announced during the Auction (if any); 
“Information to Bidders” means relevant catalogue or online description of the Lot together with any glossary of terms applicable to the Lot which is contained in the catalogue or is provided online;
“Live Auction” means an auction conducted by an Auctioneer at Warwick Schools Foundation premises with Bidders bidding live in the Auction room in person;
“Online Auction” means an auction conducted over a defined period of time on our Website, with bidding conducted on the Website or by commission bid received in advance;
“Reserve” the minimum price at which the Lot can be sold, agreed in confidence with the Seller;
“Total Amount Due” means the Hammer Price in respect of the Lot sold together with any premium, Value Added Tax chargeable and any additional charges payable by a defaulting Buyer under these Conditions;
(a) The singular includes the plural and vice versa as appropriate.
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