Ferrari Automobilia - Winter Auction

Terms and Conditions for Tifosi Auctions Ltd.

1. Introduction 

1.1 These Terms and Conditions (?Terms?) govern the use of Tifosi Auctions Ltd. (?Tifosi Auctions?, ?the Platform?, ?us? and/or ?our?), an online auction service based in the United Kingdom, for the buying and selling of goods, such services provided the ?services?).

1.2 By registering with or using the Platform, you the user (?you?) agree to be bound by these Terms. Please read them carefully.

1.3 We may amend these Terms at any time by email, or by posting the amended terms on our website. All amended terms shall automatically be effective 15 days after they are initially posted. Your continued use of our services after the effective date of these amended terms constitutes your acceptance of them.

2. Definitions

2.1 Buyer refers to the individual or entity who places a bid on any item listed for sale via the Platform.

2.2 Seller refers to the individual or entity offering an item for sale via the Platform.

2.3 Auction End refers to the time at which the auction for a specific item concludes and the highest bidder becomes the winning bidder.

2.4 Buyer?s Premium refers to the additional percentage added to the hammer price (winning bid) that the Buyer is obligated to pay to the Platform as a commission.

2.5 Seller?s Premium refers to the percentage of the hammer price that the Seller must pay to the Platform as a commission.

3. Auction Process

3.1 All auctions are conducted online via the Platform. Tifosi Auctions Ltd. list the Sellers? items on the Platform, and Buyers may place bids on those items.

3.2 The auction begins when the listing is made live and ends when the auction timer reaches zero, or when all bids have been placed.

3.3 Item Descriptions and Photography: Tifosi Auctions Ltd. will photograph and describe all items listed for auction. Although efforts will be made to provide accurate descriptions and photographs, Buyers must make their own judgment about the condition and authenticity of the items. Tifosi Auctions Ltd. does not guarantee the accuracy of descriptions, and it is the Buyer?s responsibility to satisfy themselves before bidding.

3.4 Tifosi Auctions Ltd. reserves the right to reject or remove listings that violate these Terms or any applicable laws.

3.5 In connection with using or accessing our services you will not:

• breach or circumvent any laws, third-party rights or our systems or policies;upload illegal content or use the service in the facilitation or commission of a criminal offence;sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties;use ours services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our services or are a person with whom transactions are prohibited under economic or trade sanctiofail to pay for items purchased by you;fail to deliver items sold by youfail to comply with laws and applicable guidance on sale pricing and promotion of items, and/or fail to comply with any of our Terms where applicable;
• take any action that may undermine our systems;
• transfer your account and username to another party without our consent;
• share your log in credentials with any third parties.
• distribute viruses or any other technologies that may harm us, or the interests or property of our users;
• use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our services for any purpose, except with our prior express permission;
• export or re-export any application or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
• infringe the Intellectual Property Rights that belong to or are licensed to us. Some, but not all, actions that may be infringement are reproducing, performing,
  displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to us or someone else;
• infringe any Intellectual Property Rights that belong to third parties affected by your use of the services or post content that does not belong to you;
• commercialise any of our application(s) or any information or software associated with such application except with our prior express permission;
• circumvent any technical measures we use to provide our services.

5. Buyer?s Obligations

5.1 By placing a bid, the Buyer is making an offer to purchase the item at the bid price plus the applicable Buyer?s Premium and VAT.

5.2 The Buyer?s Premium is 20% of the hammer price, plus VAT at the prevailing rate.

5.3 Payment must be made in full within five (5) calendar days from the Auction End. Failure to pay within this period may result in the cancellation of the transaction, and the item being offered to the next highest bidder or relisted

5.4 The Buyer is responsible for all shipping and delivery costs, unless otherwise stated in the item listing

5.5 The buyer is responsible for any local duties, taxes, or import fees applicable in their country of residence or the destination of the item. These fees are seperate from the auction price and shipping costs and must be settled by the relevant bodies by the Buyer upon importation of the item.

6. Seller's Obligations  

6.1 The Seller agrees to sell the item to the highest bidder, subject to these Terms.

6.2 The Seller must pay a Seller?s Premium of 10% of the hammer price plus VAT at the prevailing rate, unless stated otherwise in the Auction Consignment Agreement, to Tifosi Auctions for services rendered.

6.3 Sellers must ensure that all items listed for auction comply with UK laws, including but not limited to copyright, trademark, patent, moral, database or other intellectual property rights (collectively, ?Intellectual Property Rights?), safety standards, and import/export regulations.

6.4 Shipping: Tifosi Auctions Ltd. will handle the shipping of all lots once they have been sold. The shipping and handling cost will be added to the Buyer?s invoice, and by paying the invoice, the Buyer agrees to accept responsibility for any loss or damage to the item during the shipping process. Buyers are encouraged to contact Tifosi Auctions Ltd. for any special shipping requirements or questions regarding delivery.

6.5 Sellers who are selling items from outside of the United Kingdom and sending such items to be sold by Tifosi Auctions will be liable to pay any import charges incurred by Tifosi Auctions Ltd. These will be deducted from the final sale price.

8. Limitation of Liability

8.1 Tifosi Auctions Ltd. acts solely as an intermediary between Buyers and Sellers and does not own, possess, or guarantee the authenticity or condition of any items listed for sale. As such, Tifosi Auctions Ltd. will not be liable for any issues, damages, or claims arising from the transaction, including but not limited to issues of authenticity, condition, or suitability of items sold.

8.2 Tifosi Auctions Ltd. will not be liable for any indirect, consequential, or special losses or damages arising out of the use of the Platform, including but not limited to loss of profits, business interruption, or reputational damage.

8.3 In the event that Tifosi Auctions Ltd. is found liable for any damages related to a transaction, its liability will be limited (whether in tort, contract and/or pursuant to any other cause of action under English law) to the total amount of the Buyer?s payment for the specific lot in question, including the Buyer?s Premium.

8.4 Tifosi Auctions Ltd. does not take responsibility for any local duties, taxes, or import fees that may arise in connection with the delivery of items. These are the responsibility of the Buyer.

8.5 Tifosi Auctions Ltd. cannot be held responsible for any loss, damage, or theft that occurs during shipping once the item has left the Platform?s custody. Tifosi Auctions Ltd shall not be liable in respect of any loss of profits, damage to goodwill or any type of special, indirect or consequential loss, even if such loss was reasonably foreseeable or we have been advised of the possibility of you incurring the same.

8.6 Buyers are encouraged to arrange adequate insurance coverage.

9. Reserve Prices and Starting Prices

9.1 In Tifosi Auctions, the Starting Price for each item will be set at the reserve price. This means that the Starting Price reflects the minimum price the Seller is willing to accept for the item.

9.2 Bidders may place bids starting from the Starting Price. If the auction ends with the highest bid meeting or exceeding the Starting Price, the item will be sold to the highest bidder.

9.3 The reserve price is not disclosed to bidders directly but is reflected in the Starting Price. If no bids are placed the item will remain unsold.

9.4 Tifosi Auctions Ltd reserves the right to adjust the Starting Price or remove an item from the auction at its sole discretion, provided that the change is communicated to the bidders prior to the Auction End. We also reserve the right to increase the price of confirmed retreats solely to allow for increases which are a direct consequence of changes in taxes or our direct costs.

10. Payment

10.1 Once the auction ends and the Buyer has won the item, payment must be made in full, including the hammer price, Buyer?s Premium, VAT, and any shipping costs, within five (5) calendar days from the Auction End.

10.2 Failure to pay within this time period may result in the cancellation of the transaction, and the item may be relisted or offered to the next highest bidder.

10.3 Payment made by debit card is available for invoices totalling no more than £3,000 and will incur a 3.9% surcharge

11. Shipping and Handling

11.1 All items will be shipped by Tifosi Auctions Ltd. unless otherwise agreed. The Buyer will be charged for shipping costs, which will be added to the total invoice amount.

11.2 Once the item has been shipped, the Buyer assumes responsibility for any loss or damage that may occur during transit. Tifosi Auctions Ltd. is not responsible for any shipping damage or issues that arise once the item has been handed to the carrier.

12. Returns and Refunds

12.1 Refunds are extremely rare in the auction industry and will only be considered in cases of significant misrepresentation, where the item differs materially from its description or image. The Buyer must notify Tifosi Auctions Ltd. within 7 days of receiving the item if they believe it has been misrepresented.

12.2 If a refund request is approved, the Buyer must return the item in the same condition as received, at their own expense. Upon receiving the item in its original condition, Tifosi Auctions Ltd. will issue a full refund, excluding shipping costs.

12.3 Seller Responsibility: If a refund is issued, Tifosi Auctions Ltd. reserves the right to seek reimbursement from the Seller if they have already been paid for the item.

12.4 No Refunds for Change of Mind: Except in cases of significant misrepresentation, all sales are final, and no refunds will be provided for change of mind or dissatisfaction.

13. Consumer Rights Act and Exemption from Consumer Rights

13.1 As an auction platform, Tifosi Auctions Ltd. operates under the legal framework governing auctions, not retail sales. Therefore, the Consumer Rights Act 2015 does not apply in the same way as it does for standard consumer transactions, particularly concerning automatic refund rights.

13.2 Auction transactions are exempt from certain provisions of the Consumer Rights Act 2015, and all sales are final unless the item is significantly misrepresented. Buyers should be aware that refunds are extremely rare and only applicable under specific circumstances.

14. Intellectual Property

14.1 The Seller grants Tifosi Auctions Ltd. the right to use any images, descriptions, and other materials associated with their listed items for promotional, marketing, and auction purposes. The Seller confirms that they hold all rights to the images and descriptions or have the necessary permissions to allow such use.

14.2 When providing us with content (including causing content to be posted using our services), you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sublicensable (through multiple tiers) right to use the content (including, without limitation, creating and using derivative works). We may in particular use your content, including any photographs you upload, for marketing and promotional purposes. We will also be allowed to keep a copy of any content (including photographs) you upload in our product catalogue for subsequent use for these purposes. You authorise us to exercise any and all copyright, trademark, publicity, database or other Intellectual Property Rights you have in or to the content in any media known now or developed in the future for these purposes.

15. Force Majeure

15.1 Tifosi Auctions Ltd. will not be held liable for failure to perform its obligations under these Terms if such failure is caused by events beyond its reasonable control. This includes, but is not limited to, natural disasters, acts of terrorism, government restrictions, pandemics, strikes, technical failures, and any other unforeseeable circumstances of a similar nature that prevent or delay the completion of auctions or the delivery of items.

16. Dispute Resolution

16.1 Any dispute arising from or relating to these Terms shall first be attempted to be resolved through informal negotiation within 14 days of the dispute arising. If the dispute is not resolved, both parties agree to submit the matter to mediation before pursuing any further legal action.

16.2 If mediation fails, the dispute will be referred to arbitration in accordance with the laws of England. The decision of the arbitrator shall be final and binding.

17. Privacy and Data Protection

17.1 Tifosi Auctions Ltd. is committed to protecting the privacy of its users. Any personal data provided will be handled in accordance with the applicable data protection laws, including the General Data Protection Regulation (GDPR).

18. Payments

18.1 You are liable for any applicable fees arising out of all sales made using some or all of our services, even if sales terms are finalised or payment is made outside of Tifosi Auctions Ltd.

18.2 You are required to have a valid payment method on file when selling on Tifosi Auctions Ltd.

18.3 If your payment method fails or your account is overdue, we may collect fees owed by charging other payment methods on file and retaining collection agencies or legal counsel.

18.4 You authorise Tifosi Auctions Ltd to automatically charge your chosen payment method in accordance with these Terms and the applicable billing agreement(s) you agree to when setting up or changing your payment method, for future charges and fees incurred in relation to the services. This includes, but is not limited to, amounts owed for Tifosi Auctions Ltd for fees, reimbursements and postage labels. Tifosi Auctions Ltd will notify you of these charges. If payments or amounts owed to Tifosi Auctions Ltd cannot be completed through the payment method on file for any reason, you are still required to pay Tifosi Auctions Ltd for all unpaid amounts and Tifosi Auctions Ltd reserves the right to seek reimbursement through other means plus any additional costs incurred by Tifosi Auctions Ltd in seeking reimbursement. You can change your payment method in Tifosi Auctions Ltd via the website at any time.

19. General

19.1 If any provision of these Terms is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.

19.2 You agree that we may at any time and without notice set-off any of the amounts held in Tifosi Auctions Ltd user accounts held or controlled by you with any fees, charges or other amounts you owe us and (unless prevented by insolvency law) any such amounts you owe other members of the Tifosi Auctions Ltd group (including, without limitation, in respect of any services provided by any member of the Tifosi Auctions Ltd group). Our right to set-off means that we may deduct such fees, charges or other amounts mentioned in this paragraph from an Tifosi Auctions Ltd credit balance held or controlled by you.

19.3 We may assign our rights and obligations under these Terms in accordance with the below (but without your prior express consent), provided that we assign these Terms on the same terms or terms that are no less advantageous to you.

19.4 Headings herein are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms.

19.5 You will compensate us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of these Terms, your improper use of our services or your breach of any law or the rights of a third party.

19.6 If a dispute arises between you and Tifosi Auctions Ltd, we strongly encourage you to first contact us directly to seek a resolution by contacting us. We are available for every user to submit complaints and other inquiries including in relation to illegal content. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.