Bidder Terms

These Bidder Terms govern the online bidding services (“Online Services”) provided by Digital Auction Solutions Limited (“The Bidding Floor”, “we”, “us”, “our”), a company registered in England and Wales under company number [company number], registered office [registered office address].

You can contact us at [support email] or [support phone]. If you have a problem during a live auction, use the support contact shown on the bidding screen.

These Bidder Terms apply whether you access the Online Services through https://thebiddingfloor.com, through any other site we operate, or through an auction house’s own website where the bidding is powered by us (an “Auctioneer Site”).

By registering to bid, or by placing a bid, you confirm that you accept these Bidder Terms and agree to be bound by them. If you do not accept them, do not register and do not bid.

These Bidder Terms are in addition to our Website Terms of Use and our Privacy Policy. If there is any conflict between these Bidder Terms and the Website Terms of Use in relation to bidding, these Bidder Terms prevail.

We keep an internal record of your acceptance of these Bidder Terms and of any auction house terms you accept through the Platform.

These terms are provided in English only, and the English version governs.

Age and capacity. You must be at least 18 and have legal capacity to enter binding contracts. Certain Lots and certain auctions may carry higher age or licensing requirements imposed by law or by the Auctioneer.

Two-stage approval. Registering with The Bidding Floor does not entitle you to bid. To bid in a particular auction you must:

1. (a)

   hold an approved account on The Bidding Floor; and

2. (b)

   separately register with, and be approved by, the Auctioneer running that auction.

Approval under (a) is not approval under (b), and neither is guaranteed. Auctioneers commonly require identity documents, proof of address, a card on file or a deposit before approving a bidder. Those requirements are theirs, and we have no control over whether approval is granted, refused or withdrawn.

Accurate information. You must give complete, truthful and accurate information on registration, and keep it current. We and the Auctioneer are entitled to rely on it. Registering under a false name, or on behalf of a person who has been suspended or barred, is a material breach of these terms.

Registering for a business. If you register or bid on behalf of a Business, you warrant that you have authority to act for it, to bind it to these Bidder Terms, and to bind it to any contract formed with an Auctioneer. If you do not in fact have that authority, you are personally liable to us under these terms and personally liable under any contract formed with an Auctioneer as a result.

Refusal and suspension. We or an Auctioneer may refuse, suspend, restrict or withdraw your registration or bidding approval. We will act reasonably and, where we can, tell you why — but we may act immediately and without prior notice where we reasonably suspect fraud, non-payment, bid manipulation, a legal or regulatory requirement, or a risk to the integrity of an auction. Auctioneers make their own decisions on approval and are not obliged to give reasons.

Duration. Bidding approval is granted on an auction-by-auction basis unless an Auctioneer grants standing approval for its sales.

On registration you will be issued credentials. You must keep your password confidential and not share it. If you allow another person to use your account, you remain responsible for everything done through it — including bids placed.

Tell us immediately at [support email] if you believe your credentials have been lost, stolen or used without your authority. Until you do, you are liable for use of your account, except to the extent the unauthorised use resulted from our failure to take reasonable care.

You must not operate multiple accounts to circumvent a suspension, to conceal your identity from an Auctioneer, or to bid against yourself.

Timed auctions. Lots are offered over a defined bidding period and close automatically at a set time, without an auctioneer calling bids. Bid increments, reserves, opening bids, extension rules and closing times are set by the Auctioneer. The highest qualifying bid at close wins, subject to any reserve and to the Auctioneer’s discretion. Some timed auctions are run as sealed or tender sales, where you cannot see other bidders’ amounts.

Soft close. Where the Auctioneer enables it, a bid placed in the final moments of a Lot’s bidding period will extend that period by a set interval, and will keep extending until no further bid is placed. This is a mechanic of the auction, not a fault. We do not prohibit late bidding, but we do not guarantee that a bid placed close to the end will be received and processed before the Lot closes.

Live auction webcasts. A live auction is conducted by an auctioneer at a saleroom or studio. The webcast lets you watch and bid in real time alongside the room, telephone and commission bidders. There will be latency between what happens in the room and what you see. The auctioneer controls the pace of the sale and is not obliged to wait for online bidders.

Automatic Bids. You may leave a Maximum Bid (timed auctions) or Autobid (live auctions) — the highest amount you are prepared to pay for a Lot. The system will bid on your behalf, in the Auctioneer’s increments, up to but not beyond that amount.

1. (a)

   An Automatic Bid is placed at your risk and is binding on you up to its full amount.

2. (b)

   We transmit Automatic Bids to the Auctioneer. We do not accept them. Transmission is not acceptance, and the Auctioneer may decline or fail to execute a bid for reasons outside our control.

3. (c)

   We are never your agent, and never the Auctioneer’s.

4. (d)

   An Automatic Bid may not be executed if the internet, our systems, the Auctioneer’s systems or the connection between them fails. Clause 12 applies.

Buy It Now. Where an Auctioneer enables it, you may purchase a Lot outright at a stated price, closing the Lot immediately. Buy It Now is typically withdrawn once bidding reaches a level set by the Auctioneer.

Bid retraction. Bids cannot normally be retracted. Where a Lot’s terms or applicable law permit retraction, the Auctioneer decides whether to allow it. We do not correct, cancel or resubmit bids, and we are under no obligation to do so.

Changes. We may add to, change, suspend or withdraw any part of the Online Services. Where a change materially affects how you bid, we will give reasonable notice unless the change is needed urgently for security, legal or operational reasons.

Every bid you place is a binding offer. If your bid is successful you are contractually committed to buy the Lot at that price, plus buyer’s premium, VAT, and any other charges the Auctioneer applies, on the Auctioneer Terms.

You bid as principal, unless you hold the Auctioneer’s written authority to bid as agent for a named third party.

You will not place bids you do not intend to honour, and you will not bid where you do not reasonably expect to be able to pay.

No shill or seller bidding. You will not bid on a Lot you own or have an interest in, or on behalf of, at the request of, or in collusion with the seller of that Lot or anyone connected to them.

No bid manipulation. You will not take part in bid rigging, ring bidding, price fixing, collusion with other bidders, or any arrangement to suppress or inflate prices. Some of this conduct is a criminal offence under the Enterprise Act 2002 and the Auctions (Bidding Agreements) Acts.

No contact with other bidders about a Lot before the sale of that Lot has concluded.

No automation. You will not use bots, scripts or third-party automated bidding tools against the Platform. The Automatic Bid functionality we provide is the only permitted form of automated bidding.

No interference. You will not overload, disrupt, probe or attempt to circumvent the Platform’s access controls, rate limits or security, and you will not scrape, cache or systematically extract Lot data or build any database or dataset from it.

Lawful bidding. You are entitled to bid in the auction, you are not barred by law from acquiring the Lot, and your acquisition will not breach any sanctions, export control, licensing or import restriction applicable to you or to the Lot.

Regulated and restricted Lots. Some Lots are subject to legal restrictions on sale, ownership, possession, export or use. These include (without limitation) firearms and ammunition; bladed and offensive weapons; motor vehicles, including vehicles recorded as written off, and their registration and mileage histories; goods containing ivory or materials restricted under CITES; hazardous and controlled substances; alcohol and tobacco; pharmaceutical and medical items; and goods subject to hallmarking, gemstone certification or conflict-mineral requirements. It is your responsibility to establish what restrictions apply to you and to the Lot before you bid, and to hold any licence, permit or authorisation required. Where you bid on an antique firearm, you confirm you acquire it as a curiosity or ornament and for no other purpose.

Content. You will not submit or transmit through the Platform anything unlawful, defamatory, deceptive, offensive or infringing.

We act only as host and as a means of communication. We are not an auctioneer, we do not conduct the sale, and we do not own, hold, inspect or describe any Lot.

The contract for the sale and purchase of a Lot is between you and the Auctioneer or its principal. We are not a party to it, we are not agent for either party, and we will not be joined to it by any means or for any reason.

Nothing in these terms creates a partnership, joint venture, franchise or agency between us and you, or between us and any Auctioneer.

Each Auctioneer sets its own Auctioneer Terms, and they differ from one to another. By bidding you accept the Auctioneer Terms applicable to that sale, together with any terms implied by law, whether or not they were drawn to your attention. It is your responsibility to find, read and comply with them before you bid.

Under English auction law and practice the following typically apply unless the Auctioneer Terms say otherwise: the highest bid above any reserve, once accepted and not declared inoperable by the auctioneer, binds you to complete; you bid as principal; you must not bid on your own Lot; and title and risk pass as the Auctioneer Terms provide.

Additional sale methods. An Auctioneer may run a Lot on a piecemeal basis (you bid a per-unit price and pay that price multiplied by the number of units), by grouping (a group of Lots offered and sold as one), or with options (the winner may take further consecutive Lots at the same price). Where these apply, the terms are the Auctioneer’s, are stated in the Lot listing, and are exclusive of buyer’s premium, VAT and other charges. Check them before you bid.

We do not charge you for registering, bidding or using the Online Services. We are paid by Auctioneers for use of the Platform.

The Auctioneer sets and collects all amounts you pay: hammer price, buyer’s premium, VAT, lot fees, storage, and any online bidding surcharge. Check these before bidding — they can add materially to the hammer price.

We do not handle your money. Payment is made by you directly to the Auctioneer, in accordance with the Auctioneer Terms. We do not receive, hold, escrow, process or refund purchase monies or deposits, and we are not a payment services provider. We provide no buyer protection, guarantee or escrow scheme of any kind.

Deposits and card details. An Auctioneer may require a deposit or a payment card as a condition of approval. Where you provide card details to an Auctioneer, whether through the Platform or otherwise, you authorise that Auctioneer to charge the card in accordance with its terms, and you warrant that you are authorised to use the card. Deposits, their retention, application and refund, and any dispute about them, are matters between you and the Auctioneer.

Taxes, duties, import charges and levies arising on your purchase are your responsibility.

The Online Services do not include storage, packing, shipping or delivery. Arranging collection or delivery of a Lot you have won is your responsibility, on the Auctioneer’s terms and within its stated deadlines.

Risk in a Lot passes as provided in the Auctioneer Terms. Storage charges may accrue if you do not collect on time.

Where we make available quotes from third-party shippers as a convenience, accepting a quote forms a contract between you and that shipper on their terms. We are not a party to it, we do not vet or endorse shippers, and any query, delay, damage or claim must be taken up with the shipper directly.

Nothing in these terms affects your statutory rights, whether against us or against a seller.

Whether you have a right to cancel a purchase depends on the status of the seller, on how the auction was run, and on the law applicable to that sale. It is a matter between you and the Auctioneer, who is responsible for telling you what rights, if any, you have. We are not the seller and we cannot advise you on this. Ask the Auctioneer before you bid.

Complaints about a Lot — its description, authenticity, condition, payment, collection or delivery — must be raised with the Auctioneer under the Auctioneer Terms. Complaints about the Platform itself should come to us under clause 18.

We make no representation, warranty or guarantee of any kind about any Lot offered through the Platform.

The Auctioneer is solely responsible for every statement made about a Lot, including as to quality, description, condition, completeness, fitness for purpose, authenticity, attribution, provenance, age, grading, certification, mileage, service or accident history, roadworthiness, title, legality, and the accuracy of any report or certificate supplied.

Safety. We have no knowledge of, and accept no responsibility for, the safety of any Lot. Do not assume a Lot is safe, roadworthy, tested, compliant with current standards, or free of hazard. Machinery, vehicles, electrical goods and salvage in particular may be dangerous.

Legality. We have no knowledge of, and accept no responsibility for, whether a Lot may lawfully be sold, bought, possessed, exported or used in any given jurisdiction.

We do not pre-screen listings. Where we are put on notice that a listing is unlawful or in breach of an Auctioneer’s agreement with us, we will act on it.

The Online Services are provided to you free of charge, on an “as available” basis. Access may be interrupted, degraded or withdrawn at any time, whether by us, by the Auctioneer, or by factors outside anyone’s control.

We cannot guarantee that a bid will reach the Auctioneer, or reach it in time. Bids may fail or be delayed because of internet congestion, connection loss, device failure, browser issues, server failure, latency in the live stream, or interruption at the Auctioneer’s end.

If a Lot matters to you, do not rely solely on online bidding. Arrange a backup with the Auctioneer in advance — a commission bid left with the saleroom, or a telephone bidding line. We strongly recommend this for any Lot of significant value to you.

We are under no obligation to correct an erroneous bid, to resubmit a bid that was lost or delayed, to reopen a Lot, or to procure that an Auctioneer does any of those things.

We do not warrant that the Platform is free of viruses or other harmful code. You are responsible for your own device security and virus protection.

If you are a consumer. We will provide the Online Services with reasonable care and skill. If we fail to do so, we are responsible for loss or damage you suffer that is a foreseeable result of that failure. We are not responsible for loss or damage that is not foreseeable, and we are not responsible for business losses. Because the Online Services are provided to you free of charge and the sale itself is not ours, our liability is in practice limited to loss caused by our own failure to take reasonable care — not to the outcome of any auction, the conduct of any Auctioneer, or the condition of any Lot.

If you are a business. Subject to the paragraph above:

1. (a)

   all terms, conditions and warranties implied by statute or common law are excluded to the fullest extent permitted by law;

2. (b)

   we are not liable for loss of profit, loss of business or contracts, loss of anticipated savings, loss of opportunity, loss of a Lot or of the chance to acquire one, loss of goodwill or reputation, loss or corruption of data, wasted expenditure or management time, or any indirect or consequential loss, however arising; and

3. (c)

   our total aggregate liability to you, in contract, tort (including negligence), breach of statutory duty or otherwise, arising out of or in connection with these Bidder Terms or the Online Services, is limited to £[cap] in any twelve-month period.

We are not liable for Auctioneers or sellers. We are not responsible for the acts or omissions of any Auctioneer, seller, buyer, shipper or payment provider — including failure to deliver a Lot, misdescription, refusal to sell, withdrawal of a Lot, failure to refund a deposit, or any dispute between you and them. Any such claim must be pursued against that party directly.

Force majeure. We are not liable for any delay or failure caused by an event beyond our reasonable control, including failure of the internet or telecommunications networks, hosting or third-party service failure, power failure, cyber attack, fire, flood, severe weather, epidemic, industrial action, war, terrorism, or act of government.

These exclusions and limitations are also for the benefit of our subsidiaries, holding companies, and their respective officers, employees, agents and subcontractors.

If you are a business, you will indemnify us against all liabilities, losses, damages, claims, and reasonable costs and expenses (including reasonable legal fees) arising out of your breach of these Bidder Terms, your negligent, fraudulent or unlawful use of the Online Services, your failure to complete a purchase, the inaccuracy of information you supply, or your infringement of any third party’s rights. This includes any taxes, duties or levies for which we become accountable as a result of your acts or omissions.

If you are a consumer, clause 14.1 does not apply. You remain liable to us for losses we suffer as a result of your breach of these Bidder Terms to the extent provided by the general law.

Where a claim is brought against us arising from your conduct, we may take proceedings against you or seek to join you to that claim.

If you fail to pay for or collect a Lot you have won, or breach clauses 6.3 to 6.7, we may suspend or close your account, remove your approval for future auctions, and notify the affected Auctioneer.

You acknowledge that we and Auctioneers using the Platform share information about bidder conduct — including non-payment, retracted bids, chargebacks and suspected manipulation — for the purposes of preventing fraud and default and protecting the integrity of auctions on the Platform. Our Privacy Policy explains the lawful basis on which we do this and your rights.

Suspension or closure of your account does not release you from any obligation you already owe to an Auctioneer.

We process your personal data in accordance with our Privacy Policy, which forms part of these terms.

You will keep confidential any non-public information we give you in connection with the Online Services, and use it only to access and use those services. This does not apply to information that enters the public domain other than through your breach, or that you are required by law to disclose.

Changes to these terms. We may amend these Bidder Terms to reflect legal, regulatory, business or technical developments. We will post the amended terms on the Platform and notify registered bidders by email. Amendments take effect for new bidders immediately, and for existing bidders 30 days after notification. Amendments will not apply retrospectively to any auction in which you have already placed a bid. If you do not accept an amendment, you may close your account before it takes effect.

Entire agreement. These Bidder Terms, with our Website Terms of Use and Privacy Policy, are the entire agreement between us relating to the Online Services and replace all previous versions. Nothing in this clause limits liability for fraudulent misrepresentation, and nothing in it excludes terms implied by law in your favour where those terms cannot lawfully be excluded.

Severability. If any provision or part of a provision is unlawful or unenforceable, it will be severed or modified to the minimum extent necessary and the rest will continue in force.

No waiver. A delay in enforcing any right does not waive it.

Assignment. We may assign, transfer or charge our rights and obligations under these terms, provided this does not adversely affect your rights. You may not assign yours without our written consent.

Third-party rights. These terms are for the benefit of you and us, and — where expressly stated — Auctioneers and the persons named in clause 13.5. No consent from any of them is needed to amend or vary these terms. Otherwise no person who is not a party has rights under the Contracts (Rights of Third Parties) Act 1999.

Notices. We may give notice by email to your registered address or by posting on the Platform.

Queries and complaints about the Online Services should go to [support email] or [support phone]. We will acknowledge within [X] working days and aim to resolve within [X] working days. Complaints about a Lot or a sale go to the Auctioneer.

If we cannot resolve your complaint, we will write to you with our final position and tell you whether we are willing to refer the matter to alternative dispute resolution. We are not obliged to use ADR. Free independent consumer advice is available from Citizens Advice (opens in a new tab).

These Bidder Terms, and any dispute or claim arising out of them (including non-contractual ones), are governed by the law of England and Wales.

If you are a consumer, you may bring proceedings in the courts of England and Wales, or in the courts of the part of the United Kingdom in which you live.

If you are a business, the courts of England and Wales have exclusive jurisdiction, save that we may bring proceedings anywhere in the world to protect our intellectual property rights or those of our licensors.