Music Memorabilia Auction

Terms & Conditions Rock Consignments London Ltd 71-75 Shelton Street London WC2H 9JQ United Kingdom Website: www.rockconsignments.com Email: info@rockconsignments.com 1. General 1.1 These Terms and Conditions govern all auctions conducted by Rock Consignments London Ltd (?the Auctioneer?). 1.2 By registering an account, placing a bid, consigning property for sale, purchasing a Lot, accessing the Website, or otherwise participating in any auction conducted by the Auctioneer, all users agree to be bound by these Terms and Conditions. 1.3 All auctions conducted by Rock Consignments London Ltd are online auctions unless expressly stated otherwise. 1.4 The Auctioneer reserves the right to amend these Terms and Conditions at any time. Any amendments shall take effect upon publication on the Website and shall apply to future auctions. 1.5 If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect. 2. Definitions For the purposes of these Terms and Conditions: ?Auctioneer? means Rock Consignments London Ltd. ?Buyer? means the person, company, organisation, or entity whose bid is accepted as the highest successful bid for a Lot. ?Buyer?s Premium? means the commission payable by the Buyer in addition to the Hammer Price. ?Consignor? means the owner of a Lot who consigns property to the Auctioneer for sale. ?Hammer Price? means the final accepted bid at the close of bidding for a Lot. ?Lot? means any item offered for sale through the Auctioneer. ?Reserve Price? means the confidential minimum selling price agreed between the Consignor and the Auctioneer. ?Website? means www.rockconsignments.com and any associated auction platform operated by or on behalf of the Auctioneer. 3. Registration 3.1 All bidders must register for an account prior to participating in any auction. 3.2 By registering, users warrant that: They are at least eighteen (18) years of age; They possess the legal capacity to enter into binding contracts; The information provided during registration is accurate and complete; They will promptly update any information that becomes inaccurate. 3.3 The Auctioneer reserves the right to request identification documents, proof of address, payment verification, references, or any other information considered necessary. 3.4 Registration may be refused or revoked at the sole discretion of the Auctioneer. 3.5 The Auctioneer may suspend account access pending verification procedures or investigations. 3.6 Users are responsible for maintaining the confidentiality of their login credentials and for all activity conducted through their account. 4. Right to Refuse Service, Suspend Accounts and Remove Bidders 4.1 Rock Consignments London Ltd reserves the absolute right to refuse service to any person or organisation. 4.2 The Auctioneer may suspend, restrict, deactivate, or permanently terminate any account where it reasonably believes that a user has: Failed to pay for purchased Lots; Provided false or misleading information; Attempted to manipulate bidding activity; Participated in shill bidding, collusive bidding, or other unfair practices; Operated multiple accounts for improper purposes; Engaged in fraudulent, unlawful, abusive, threatening, or harassing conduct; Breached these Terms and Conditions; Acted in a manner likely to damage the integrity or reputation of the Auctioneer. 4.3 The Auctioneer reserves the right to cancel bids, remove bidders from auctions, refuse future participation, withhold Lots pending investigation, or take any other action reasonably necessary to protect the integrity of its auctions. 4.4 The Auctioneer shall not be liable for any loss or damage arising from the exercise of its rights under this clause. 4.5 The Auctioneer?s decision under this clause shall be final. 5. Bidding 5.1 All bids submitted through the Website constitute legally binding offers to purchase. 5.2 Once placed, a bid cannot be withdrawn, cancelled, or amended except at the sole discretion of the Auctioneer. 5.3 The highest valid bid accepted at the close of bidding shall be deemed the winning bid. 5.4 The Auctioneer reserves the right to: Reject any bid; Withdraw any Lot from sale; Re-offer any Lot; Divide or combine Lots; Correct clerical or technical errors; Resolve bidding disputes. 5.5 In the event of a dispute between bidders, the Auctioneer?s decision shall be final and binding. 5.6 The Auctioneer may cancel any bid submitted in error or arising from technical malfunction. 6. Bid Increments 6.1 Bidding shall progress according to the following increments: Current Bid Value Minimum Increment ?0 ? ?99 ?5 ?100 ? ?199 ?10 ?200 ? ?499 ?25 ?500 ? ?999 ?50 ?1,000 ? ?1,999 ?100 ?2,000 ? ?4,999 ?250 ?5,000 ? ?9,999 ?500 ?10,000 ? ?19,999 ?1,000 ?20,000 ? ?29,999 ?2,000 ?30,000 ? ?49,999 ?3,000 ?50,000 ? ?99,999 ?5,000 ?100,000 and above 10% of current bid value 6.2 For bids exceeding ?100,000, increments may be rounded to the nearest ?500 or ?1,000 at the Auctioneer?s discretion. 6.3 The Auctioneer reserves the right to vary bid increments where necessary for the efficient conduct of an auction. 6.4 The bidding platform shall determine the next valid bid amount. 7. Online Auction Closing Procedure 7.1 Lots shall close consecutively in accordance with the published auction schedule. 7.2 If a bid is placed within the final two (2) minutes before the scheduled closing time of a Lot, the bidding period for that Lot shall automatically extend by a further two (2) minutes. 7.3 Additional extensions shall continue to apply whenever a bid is received within the final two (2) minutes of the active bidding period. 7.4 A Lot shall only close when no further bids are received during the final two (2) minutes of the current bidding period. 7.5 The Auctioneer?s electronic records shall determine the official closing time of all Lots. 7.6 No liability shall arise from clock discrepancies between a bidder?s device and the Auctioneer?s systems. 8. Reserve Prices 8.1 Consignors may place confidential reserve prices on any Lot. 8.2 Reserve prices shall remain confidential and shall not be disclosed to bidders. 8.3 The Auctioneer may bid on behalf of the Consignor up to, but not exceeding, the reserve price where permitted by law. 8.4 Where a Reserve Price is not achieved, the Lot shall remain unsold. 8.5 Unsold Lots may only be reoffered with the consent of the Consignor. 9. Buyer?s Premium 9.1 The successful Buyer shall pay: The Hammer Price; A Buyer?s Premium equal to twenty percent (20%) of the Hammer Price; Any applicable taxes, duties, shipping charges, insurance charges, or other fees. 9.2 The Buyer?s Premium forms part of the total purchase price. 9.3 The Buyer acknowledges that failure to pay all sums due shall constitute a breach of contract. 10. Payment 10.1 Full payment must be received within seven (7) calendar days of the close of the auction. 10.2 Ownership of any Lot shall not pass to the Buyer until all funds have cleared. 10.3 The Auctioneer reserves the right to withhold release or shipment of any Lot until full cleared payment has been received. 10.4 Any amount remaining unpaid after seven (7) days may accrue interest at a rate of four percent (4%) above the Bank of England base rate, calculated daily until payment is received in full. 10.5 The Auctioneer reserves the right to pursue recovery of overdue sums, collection costs, legal fees, administrative charges, and interest. 10.6 Acceptance of late payment shall not constitute a waiver of any rights available to the Auctioneer. 11. Failure to Pay 11.1 If payment is not received within seven (7) calendar days of the auction closing date, the Auctioneer may, at its sole discretion: Cancel the sale; Re-offer or resell the Lot; Retain any deposit or partial payment received; Recover any shortfall arising from a resale of the Lot; Recover legal costs, collection costs, administrative fees, storage charges, and associated expenses; Suspend or permanently terminate the Buyer?s account; Refuse future participation in any auction conducted by the Auctioneer. 11.2 The defaulting Buyer shall remain liable for all losses suffered by the Auctioneer and/or Consignor arising from the default. 11.3 The Auctioneer may pursue all remedies available under English law. 12. Shipping and Collection 12.1 Purchased Lots shall not be released until cleared payment has been received in full. 12.2 Shipping may be arranged by the Auctioneer, a third-party shipping provider, or by the Buyer directly. 12.3 All shipping, packing, insurance, customs, handling, and transportation costs shall be the responsibility of the Buyer unless otherwise agreed in writing. 12.4 Any delivery dates provided are estimates only. 12.5 The Auctioneer shall not be liable for delays caused by couriers, customs authorities, strikes, weather conditions, transportation failures, or events beyond its reasonable control. 12.6 Buyers are encouraged to arrange appropriate insurance for shipments where available. 13. International Buyers 13.1 International Buyers are solely responsible for: Customs duties; Import VAT; Sales taxes; Brokerage fees; Import permits; Regulatory compliance requirements; Any other charges imposed by the destination country. 13.2 Rock Consignments London Ltd accepts no responsibility for delays, inspections, restrictions, confiscations, customs charges, or import issues arising in any jurisdiction. 13.3 Buyers are solely responsible for ensuring that purchased Lots may lawfully be imported into their country. 13.4 No refund shall be issued due to import restrictions, customs delays, refusal of entry, or confiscation by authorities. 14. Condition of Lots 14.1 All Lots are sold strictly ?as is?, ?where is?, and ?with all faults?. 14.2 Catalogue descriptions, photographs, condition reports, estimates, and statements are provided in good faith for guidance purposes only. 14.3 Such information shall not constitute warranties, guarantees, or representations. 14.4 Prospective Buyers are responsible for satisfying themselves regarding: Condition; Authenticity; Provenance; Completeness; Functionality; Suitability for purpose. 14.5 Normal signs of age, wear, restoration, repairs, fading, damage, imperfections, or missing components may not be specifically described. 14.6 Failure to examine a Lot shall not provide grounds for cancellation or refund. 15. Authenticity and Music Memorabilia 15.1 Rock Consignments London Ltd specialises in music memorabilia, autographs, instruments, recordings, artwork, promotional items, concert memorabilia, and related collectibles. 15.2 All descriptions are prepared in good faith using information available at the time of cataloguing. 15.3 Unless expressly stated otherwise in writing, Rock Consignments London Ltd provides no authenticity guarantee in relation to any Lot. 15.4 Statements concerning signatures, autographs, provenance, ownership history, historical significance, attribution, or authenticity represent opinion only. 15.5 The Auctioneer does not warrant that any item will be accepted by any third-party authentication service, grading company, dealer, collector, or expert. 15.6 Rejection by any third-party authentication service shall not constitute grounds for cancellation, return, or refund. 16. Provenance 16.1 Provenance information is provided in good faith and based upon information available at the time of cataloguing. 16.2 The Auctioneer shall not be liable for errors, omissions, inaccuracies, or information subsequently discovered after the sale. 16.3 Opinions regarding provenance may evolve over time as new evidence becomes available. 16.4 Buyers acknowledge that differing opinions may exist among historians, collectors, experts, dealers, and authentication services. 17. Risk and Title 17.1 Risk in any Lot passes to the Buyer immediately upon collection by the Buyer or transfer to a shipping carrier, whichever occurs first. 17.2 Legal title shall not pass until all monies owed to the Auctioneer have been paid in full and cleared funds received. 17.3 Until title passes, the Auctioneer retains ownership of the Lot. 17.4 The Buyer shall not sell, transfer, pledge, or otherwise dispose of any Lot until title has passed. 18. Seller?s Warranties 18.1 By consigning property for sale, the Consignor warrants that: They are the legal owner of the Lot or are authorised to sell it; The Lot is free from undisclosed liens, security interests, claims, or encumbrances; Information supplied to the Auctioneer is accurate to the best of their knowledge; The Lot is not knowingly counterfeit, forged, stolen, unlawfully obtained, or subject to ownership disputes. 18.2 The Consignor shall indemnify and hold harmless the Auctioneer against any losses, liabilities, damages, legal costs, claims, or expenses arising from a breach of these warranties. 18.3 The Auctioneer reserves the right to withdraw any Lot where ownership or authenticity concerns arise. 19. Seller?s Commission and Consignor Settlement 19.1 The Consignor shall pay a commission equal to ten percent (10%) of the Hammer Price on all successfully sold Lots unless otherwise agreed in writing. 19.2 Additional charges may apply for photography, marketing, restoration, specialist research, insurance, storage, shipping, or other agreed services. 19.3 Settlement proceeds shall be paid to the Consignor within fourteen (14) days of the Auctioneer receiving cleared payment from the Buyer. 19.4 The Auctioneer shall not be obliged to settle with the Consignor until cleared funds have been received from the Buyer. 19.5 Where payment disputes, chargebacks, fraud investigations, legal claims, or ownership disputes arise, settlement may be delayed pending resolution. 20. Unsold Lots 20.1 A Lot that fails to meet its Reserve Price shall be deemed unsold. 20.2 Unsold Lots may only be reoffered with the express consent of the Consignor. 20.3 The Auctioneer may contact the Consignor to discuss revised reserve prices, private treaty sales, or future auction opportunities. 20.4 Unsold Lots shall be collected by the Consignor within a reasonable period following notification. 20.5 Storage fees may be charged for Lots remaining uncollected after notice has been given. 20.6 The Auctioneer reserves the right to dispose of abandoned property in accordance with applicable law following reasonable notice to the Consignor. 21. Counterfeit, Forged, Stolen or Disputed Property 21.1 Rock Consignments London Ltd reserves the right to withdraw, refuse, suspend, cancel, or rescind any sale where concerns arise regarding authenticity, ownership, provenance, legality, export restrictions, or description. 21.2 The Auctioneer may withdraw any Lot at any time before, during, or after an auction where credible evidence suggests that a Lot may be: Counterfeit; Forged; Stolen; Unlawfully obtained; Subject to competing ownership claims; Materially misdescribed. 21.3 The Auctioneer reserves the right to cooperate with law enforcement agencies, courts, insurers, rights holders, and regulatory authorities where appropriate. 21.4 The Auctioneer?s decision in relation to disputed property shall be final. 22. Online Platform and Technical Issues 22.1 The Auctioneer does not guarantee uninterrupted access to its Website or bidding platform. 22.2 The Auctioneer shall not be liable for: Internet outages; Server failures; Software malfunctions; Telecommunications failures; Cybersecurity incidents; Power failures; Delayed bid transmissions; System maintenance; Events beyond its reasonable control. 22.3 The Auctioneer reserves the right to suspend, extend, postpone, restart, or cancel any auction where technical issues may affect the integrity of the sale. 22.4 The Auctioneer?s electronic records shall be conclusive evidence of bidding activity. 22.5 No warranty is given regarding uninterrupted availability of the Website. 23. Chargebacks and Payment Disputes 23.1 Buyers agree not to initiate chargebacks, payment reversals, payment disputes, or banking claims without first contacting the Auctioneer to seek resolution. 23.2 Where a Buyer initiates an unjustified chargeback or payment reversal, the Auctioneer reserves the right to: Recover all losses incurred; Recover legal fees and administrative costs; Recover chargeback fees and banking charges; Suspend or permanently terminate the Buyer?s account; Pursue legal remedies. 23.3 Auction records, registration information, IP logs, payment records, correspondence, and bidding records may be relied upon as evidence in any dispute. 24. Marketing Rights 24.1 Consignors grant Rock Consignments London Ltd a non-exclusive, worldwide, royalty-free licence to: Photograph Lots; Catalogue Lots; Publish images and descriptions; Promote Lots through advertising; Use Lot images in social media, press releases, websites, catalogues, and promotional materials. 24.2 Such rights shall survive the completion of the auction. 24.3 The Auctioneer may retain historical auction records and catalogue archives indefinitely. 25. Intellectual Property 25.1 All catalogue content, photography, branding, logos, text, descriptions, graphics, videos, and website content created by Rock Consignments London Ltd remain the intellectual property of the Auctioneer. 25.2 No content may be copied, reproduced, modified, distributed, published, or commercially exploited without prior written permission. 25.3 Unauthorised use may result in legal action. 26. Anti-Money Laundering Compliance 26.1 The Auctioneer reserves the right to request: Proof of identity; Proof of address; Source-of-funds information; Payment verification; Any additional documentation required by law. 26.2 The Auctioneer may delay, suspend, refuse, or cancel transactions where satisfactory information is not provided. 26.3 The Auctioneer may report suspicious activity where required by law. 26.4 The Auctioneer shall not be liable for losses arising from compliance with legal or regulatory obligations. 27. Privacy 27.1 Personal information shall be processed in accordance with the Rock Consignments London Ltd Privacy Policy. 27.2 Personal data may be collected, stored, and processed for: Auction administration; Account management; Payment processing; Fraud prevention; Customer service; Legal compliance; Marketing communications where consent has been provided. 27.3 Personal information shall be handled in accordance with applicable UK data protection legislation, including the UK General Data Protection Regulation and the Data Protection Act 2018. 28. Consumer Rights 28.1 Buyers acknowledge that Lots are offered through a competitive auction process. 28.2 To the extent permitted by law, certain cancellation rights that may apply to ordinary distance sales may not apply to auction purchases. 28.3 Nothing in these Terms and Conditions excludes or restricts statutory rights that cannot legally be excluded. 28.4 Where consumer protection legislation applies, these Terms shall be interpreted accordingly. 29. Returns, Refunds and Cancellation 29.1 All sales are final. 29.2 Except where required by law, Buyers shall have no right to cancel a purchase, return a Lot, obtain a refund, or exchange a Lot following the close of an auction. 29.3 Rock Consignments London Ltd does not accept returns on the basis of: Change of mind; Buyer?s remorse; Failure to read descriptions; Failure to inspect photographs; Market fluctuations; Personal opinion regarding value, condition, collectability, or investment potential. 29.4 No refund shall be available merely because an item is later rejected by a third-party authentication service, grading company, dealer, collector, or expert. 29.5 Any claim that a Lot has been materially misdescribed must: Be submitted in writing; Be submitted within fourteen (14) calendar days of receipt; Include supporting evidence reasonably requested by the Auctioneer. 29.6 The Auctioneer reserves the right to require return of the Lot before considering any claim. 29.7 Any approved refund shall be limited to the Hammer Price and Buyer?s Premium actually paid to the Auctioneer. 29.8 Shipping costs, customs duties, taxes, insurance costs, banking charges, and third-party expenses shall not be refundable unless required by law. 30. Limitation of Liability 30.1 To the fullest extent permitted by law, Rock Consignments London Ltd shall not be liable for: Indirect losses; Consequential losses; Economic losses; Loss of profits; Loss of opportunity; Loss of reputation; Business interruption. 30.2 The maximum liability of the Auctioneer in connection with any Lot shall not exceed the Hammer Price actually received for that Lot. 30.3 Nothing in these Terms excludes liability for: Death or personal injury caused by negligence; Fraud or fraudulent misrepresentation; Any liability that cannot legally be excluded under English law. 31. Governing Law and Jurisdiction 31.1 These Terms and Conditions shall be governed by and interpreted in accordance with the laws of England and Wales. 31.2 Any dispute arising from or relating to these Terms and Conditions, any auction, any Lot, or any transaction conducted by Rock Consignments London Ltd shall be subject to the exclusive jurisdiction of the courts of England and Wales. 31.3 By participating in any auction, all parties irrevocably submit to the jurisdiction of the courts of England and Wales.