North Devon Auctions

NORTH DEVON AUCTIONS

​

TERMS AND CONDITIONS OF SALE AND ENTRY

Website: www.northdevonauctions.co.uk

Effective Date: 12.10.26

These Terms and Conditions apply to goods entered for auction, auction transactions, purchases, collections, shipping and associated services provided by North Devon Auctions.

North Devon Auctions conducts timed online auctions, primarily acting as agent for private individuals, but may also sell on behalf of business Vendors or sell goods in its own name.

By submitting goods for sale, Vendors agree to the applicable Vendor Terms and Conditions. By registering and bidding, Buyers agree to the applicable Buyer Terms and Conditions made available before the transaction.

Nothing in these Terms and Conditions excludes or restricts statutory rights or legal liabilities which cannot lawfully be excluded.

SECTION A – GENERAL CONDITIONS

1. Agency and Ownership

1.1. North Devon Auctions acts as agent for the Vendor (Seller), unless otherwise expressly stated.

1.2. Where North Devon Auctions acts as agent, the contract of sale is between the Buyer and the Vendor.

1.3. North Devon Auctions may sell goods in its own name where it legally owns the goods or is otherwise lawfully authorised to do so.

1.4. Goods entered on behalf of Vendors do not ordinarily become the property of North Devon Auctions.

1.5. Vendors confirm that they have the legal right and authority to sell all goods entered for auction.

1.6. Vendors agree to indemnify North Devon Auctions against reasonable losses and claims arising from ownership disputes, materially inaccurate information or breaches of the Vendor's obligations, where legally recoverable.

1.7. North Devon Auctions remains responsible for its own legal duties and any liabilities which cannot lawfully be excluded.

2. Acceptance of Terms

2.1. Buyers and Vendors are responsible for reading and accepting the applicable Terms and Conditions before entering into a transaction.

2.2. Submission of goods constitutes acceptance of the Vendor Terms where these have been provided and agreed.

2.3. Registration and bidding constitute acceptance of the applicable Buyer Terms, subject to statutory rights.

2.4. The Terms applicable to a transaction will normally be those accepted when the relevant agreement was made.

2.5. Any changes to these Terms will apply to future transactions unless otherwise lawfully agreed.

3. Auctioneer's Rights

3.1. North Devon Auctions reserves the right, acting reasonably and subject to applicable law, to:

• Refuse goods for auction.

• Refuse or restrict bidding registrations.

• Reject suspicious or fraudulent bids.

• Withdraw, re-offer or reorganise Lots.

• Combine or separate Lots.

• Amend catalogue descriptions and photographs.

• Alter the order of sale.

• Cancel, suspend or postpone an auction where reasonably necessary.

3.2. All bids are subject to acceptance by the Auctioneer and the applicable auction rules.

3.3. North Devon Auctions cannot guarantee uninterrupted operation of third-party bidding platforms or internet connections.

3.4. Where a significant catalogue error is identified before bidding closes, North Devon Auctions may correct the description, withdraw the Lot or take other appropriate action.

3.5. Nothing in this section removes liability that cannot lawfully be excluded.

SECTION B – VENDOR TERMS AND CONDITIONS

4. Vendor Commission, Lotting Fees and Charges

4.1. Seller's commission is charged at 18% of the final hammer price.

4.2. A minimum commission charge of £0.50 per sold Lot applies.

4.3. A £1.00 lotting fee per Lot applies where an item successfully sells.

4.4. Where a Lot remains unsold, a charge of £2.00 per Lot applies.

4.5. Where a Lot is sold but the Buyer subsequently exercises a valid statutory cancellation right, the original £1.00 lotting fee remains payable for photography, cataloguing and administration already completed, provided this arrangement was agreed with the Vendor before entry.

4.6. Where a Vendor withdraws goods after photography, research or cataloguing has commenced, North Devon Auctions reserves the right to recover reasonable charges for work already completed, provided these charges or their method of calculation were agreed in advance.

4.7. Where goods are returned following a valid cancellation, North Devon Auctions may offer to relist the goods in a future auction with the Vendor's agreement. Any additional charges will be agreed beforehand.

4.8. Seller's commission relating to a cancelled sale will be adjusted in accordance with the Vendor's agreement and applicable law.

4.9. Additional agreed charges may apply for collection, handling, storage, transportation, disposal, testing or other services.

4.10. North Devon Auctions is not currently VAT registered. VAT is not added to its own commission or service charges.

4.11. Different terms and charges may apply to complete house clearances, commercial consignments or specially agreed collections, where separately agreed.

5. Entry of Goods

5.1. All goods must be entered by prior appointment unless otherwise agreed.

5.2. North Devon Auctions reserves the right to refuse any item considered unsuitable for auction.

5.3. Goods must be reasonably clean, accessible, safe to handle and suitable for resale.

5.4. Vendors must disclose any known defects, damage, hazards, faults, missing components or other material information.

5.5. North Devon Auctions may refuse items including:

• Unsanitary or heavily soiled goods.

• Unsafe or hazardous items.

• Items with negligible commercial value.

• Broken or incomplete items unsuitable for resale.

• Prohibited or restricted goods.

• Items unsuitable for available storage or handling facilities.

5.6. Acceptance of goods onto the premises does not guarantee their inclusion in an auction.

6. Unsaleable Goods and Disposal

6.1. North Devon Auctions reserves the right to reject, recycle or dispose of goods reasonably considered genuinely unsaleable, unsafe, unhygienic, excessively damaged or of negligible commercial value.

6.2. By expressly agreeing to this clause when entering goods, the Vendor authorises North Devon Auctions to dispose of goods meeting these criteria without further individual notification, where legally permitted.

6.3. This authorisation does not extend to goods of apparent material value merely because they fail to attract bids.

6.4. North Devon Auctions may retain photographic or written records of rejected or disposed goods.

6.5. Reasonable disposal charges may apply where the Vendor has agreed to the applicable rates or calculation method in advance.

6.6. Where value, ownership or disposal authority is uncertain, North Devon Auctions may request instructions or require collection.

6.7. Disposal will be undertaken in accordance with applicable ownership, environmental and waste legislation.

7. Lotting and Catalogue Preparation

7.1. North Devon Auctions reserves the right to photograph, catalogue, describe, group, separate and present goods in a manner reasonably considered appropriate.

7.2. Multiple items may be combined into a single Lot or divided into separate Lots.

7.3. Descriptions, estimates and photographs are prepared in good faith using the information available.

7.4. Vendors must provide accurate information concerning age, authenticity, condition, completeness, repairs and functionality.

7.5. North Devon Auctions does not guarantee that any Lot will sell or achieve a particular price.

8. Reserves and Selling Prices

8.1. Vendors may request reserves before the relevant auction begins.

8.2. All reserves must be agreed by North Devon Auctions.

8.3. Unless a reserve has been agreed, goods may be offered without a minimum selling price.

8.4. Vendors acknowledge that auction prices may be substantially lower than retail prices, original purchase prices, private-sale values or personal expectations.

8.5. Any valuation or estimate provided is an opinion and does not guarantee the final selling price.

8.6. Vendors are responsible for requesting reserves before bidding commences.

8.7. Changes to reserves after bidding has commenced require agreement and must respect existing bidder rights.

9. Unsold Vendor Goods

9.1. Vendors must arrange collection of unsold goods within 7 days of the auction ending, unless otherwise agreed.

9.2. North Devon Auctions may offer to relist unsold goods in a future auction.

9.3. Relisting may involve regrouping, amended descriptions or revised agreed reserves.

9.4. Uncollected goods may incur reasonable storage or handling charges where properly disclosed and agreed.

9.5. North Devon Auctions may issue written notice requiring the Vendor to collect the goods.

9.6. Goods remaining uncollected may be resold or otherwise dealt with following the appropriate legal process and any required notice.

9.7. Proceeds from the sale of uncollected goods will be accounted for in accordance with applicable law, after deduction of lawfully recoverable costs.

9.8. Uncollected goods do not automatically become the property of North Devon Auctions.

10. Vendor Payments

10.1. Vendor payments are normally made within 10 working days of the auction ending, provided cleared payment has been received from the Buyer and there is no unresolved dispute or other lawful reason preventing settlement.

10.2. Payments will normally be made by bank transfer.

10.3. Vendors must provide accurate and up-to-date bank details.

10.4. North Devon Auctions may undertake reasonable verification checks before issuing payment.

10.5. Where incorrect details have been supplied, payment may be delayed while the matter is investigated.

10.6. North Devon Auctions will exercise reasonable care when processing payments but cannot accept responsibility for losses caused solely by materially incorrect instructions supplied by the Vendor, except where caused by its own negligence or breach of duty.

10.7. Where suitable payment details have not been supplied, funds will remain recorded as payable until valid instructions are received or another lawful resolution is reached.

10.8. Unclaimed Vendor balances will be managed in accordance with applicable law and will not automatically become the property of North Devon Auctions after a fixed period.

11. Unpaid Buyers, Vendor Settlement and Cancellations

11.1. Where a Buyer fails to pay, North Devon Auctions may withhold Vendor settlement until cleared funds are received or the matter is otherwise resolved.

11.2. North Devon Auctions may pursue payment, cancel the sale, offer goods to an underbidder or arrange resale, where legally entitled.

11.3. Where North Devon Auctions has already paid the Vendor but the Buyer subsequently defaults, North Devon Auctions may seek to recover the sums advanced or paid.

11.4. Where the Vendor and North Devon Auctions have validly agreed a transfer of ownership, the goods may be adopted into North Devon Auctions' own stock.

11.5. Following lawful transfer of ownership, North Devon Auctions may resell goods in its own name and retain the resale proceeds.

11.6. Payment to a Vendor does not, by itself, automatically transfer ownership of goods to North Devon Auctions.

11.7. Any ownership transfer or resale remains subject to existing contractual rights, third-party rights and applicable law.

11.8. Business Vendor Sales and Consumer Cancellations

Where goods are sold on behalf of a business Vendor and the Buyer exercises a valid statutory cancellation right, the Vendor agrees to cooperate with the return and refund process.

North Devon Auctions may withhold settlement of the relevant Lot until the applicable cancellation period has expired and any notified cancellation has been resolved, provided this arrangement was agreed with the Vendor before entry.

The relevant cancellation period will normally be calculated from receipt of the goods rather than the auction ending date.

The Business Vendor agrees to reimburse North Devon Auctions for refund amounts properly attributable to that Vendor under the sale agreement, together with reasonable associated losses or costs where legally recoverable.

Where goods are returned, North Devon Auctions may arrange relotting with the Vendor's agreement.

The original £1.00 lotting fee remains payable under the agreed Vendor charging arrangements, even where the sale is subsequently cancelled.

Nothing in this clause restricts the Buyer's statutory rights.

12. Vendor Responsibility and Declarations

12.1. Vendors must declare whether they are selling privately or in the course of a trade or business.

12.2. Vendors must accurately represent their trading status.

12.3. Business Vendors must not misrepresent commercial sales as private sales.

12.4. Vendors confirm they have legal authority to sell their goods and must disclose any ownership restrictions.

12.5. Vendors must disclose known defects, repairs, faults, safety concerns and other material information.

12.6. Goods described by the Vendor as working, genuine or complete must have a reasonable basis for those statements.

12.7. Where materially inaccurate Vendor information results in a valid refund, dispute or loss, North Devon Auctions reserves the right to recover reasonable, evidenced losses from the Vendor, where legally permitted.

12.8. Vendors remain responsible for their own tax obligations.

13. Goods Left on the Premises

13.1. North Devon Auctions will exercise reasonable care in handling and storing goods.

13.2. Vendors must identify fragile, hazardous, valuable or unusually sensitive goods before entry.

13.3. Any insurance arrangements must be expressly agreed in writing.

13.4. North Devon Auctions does not guarantee insurance cover unless expressly confirmed.

13.5. Nothing in these Terms excludes liability which cannot legally be excluded.

SECTION C – BUYER TERMS AND CONDITIONS

14. Registration and Bidding

14.1. Buyers must provide accurate registration details.

14.2. By placing a bid, Buyers confirm their intention to purchase the Lot if successful, subject to statutory rights.

14.3. Buyers are responsible for checking bids before submission.

14.4. Bids placed through Easy Live Auction are subject to the platform's applicable rules.

14.5. North Devon Auctions may investigate suspicious or fraudulent bidding activity.

14.6. Buyers who breach these Terms may have their bidding privileges suspended or withdrawn.

15. Payment

15.1. All Lots must be paid for within 7 days of the auction ending, unless otherwise agreed in writing.

15.2. Payment methods include bank transfer, cash or card on collection.

15.3. All applicable buyer's fees will be displayed before bidding.

15.4. North Devon Auctions is not VAT registered and does not add VAT to its own charges. Any separately applicable taxes or third-party charges will be identified where required.

15.5. No goods may be released until full cleared payment has been received.

15.6. Payment extensions must be agreed in writing.

16. Buyer Default and Non-Payment

16.1. Failure to pay within the required period may constitute a breach of contract, subject to statutory rights and any applicable legal defence.

16.2. North Devon Auctions may issue payment reminders and a final written notice.

16.3. Where payment remains outstanding, North Devon Auctions may, where legally entitled:

• Cancel the original sale.

• Withhold delivery.

• Offer goods to an underbidder.

• Relot and resell unpaid goods.

• Restrict future bidding.

• Seek recovery of reasonable financial losses caused by the default.

16.4. Where goods are lawfully resold, North Devon Auctions may seek recovery of a legally recoverable shortfall between the original contract price and net resale proceeds.

16.5. Reasonable additional handling, storage and resale costs caused by the default may also be recovered where legally permitted.

16.6. Any recovery will account for resale proceeds and costs avoided. The same loss will not be recovered twice.

16.7. Non-payment does not automatically transfer ownership to North Devon Auctions.

17. Risk and Ownership

17.1. Legal ownership of goods will not pass to the Buyer until full payment has been received and applicable transfer conditions have been satisfied.

17.2. Goods may not be removed before payment and authorised release.

17.3. Risk and responsibility for goods will pass in accordance with applicable law, including statutory rules for trader-to-consumer transactions.

17.4. North Devon Auctions will exercise reasonable care while goods remain in its possession.

18. Collection of Goods

18.1. All collections are by appointment only, unless otherwise agreed.

18.2. Buyers must collect purchased goods within 7 days of the auction ending.

18.3. Buyers requiring additional time must contact North Devon Auctions and obtain agreement.

18.4. Buyers are responsible for appropriate vehicles, packaging, lifting equipment and assistance.

18.5. North Devon Auctions may refuse collection or loading where it cannot be carried out safely.

18.6. Third-party collectors or couriers may be required to provide written authorisation.

18.7. Goods will only be released after payment and appropriate authorisation.

19. Late Collection and Storage

19.1. Buyers must contact North Devon Auctions if collection cannot be completed within the required timeframe.

19.2. Storage extensions are subject to agreement.

19.3. Reasonable storage charges may apply where the relevant rates or calculation method have been disclosed and agreed.

19.4. Where goods remain uncollected after 14 days, North Devon Auctions may restrict further bidding and issue formal collection instructions.

19.5. Uncollected goods may be resold or otherwise dealt with following applicable contractual and legal procedures.

19.6. Any legally required notice will be provided before exercising a right of sale.

19.7. Uncollected goods do not automatically become the property of North Devon Auctions.

20. Descriptions and Condition

20.1. North Devon Auctions makes reasonable efforts to describe goods accurately and in good faith.

20.2. Most goods are second-hand and may show signs of age, wear, use, repair, damage or deterioration.

20.3. Estimates, approximate measurements and opinions concerning age, provenance or attribution are not guarantees unless expressly represented as such.

20.4. Buyers should review photographs, descriptions and available condition information before bidding.

20.5. The absence of reference to a particular defect does not necessarily mean an item is free from defects.

20.6. Background items, display materials and other goods appearing incidentally in photographs are not included unless specifically identified as part of the Lot.

20.7. North Devon Auctions may correct catalogue errors or withdraw Lots where appropriate before bidding closes.

20.8. Nothing in this section excludes statutory rights relating to materially inaccurate or misleading descriptions.

21. Viewing and Condition Reports

21.1. Buyers are encouraged to inspect goods before bidding where viewing is available.

21.2. Viewing dates and appointment arrangements will be advertised for each auction.

21.3. Buyers unable to attend may request additional information before bidding closes.

21.4. Condition reports are provided in good faith based on the information available and inspection undertaken.

21.5. Buyers should not assume second-hand goods are complete or fully functioning unless expressly stated.

21.6. Statutory consumer rights remain unaffected.

22. Electrical Goods and Appliances

22.1. Most electrical items are visually inspected and PAT tested in-house by a trained member of staff.

22.2. Not all electrical items undergo PAT testing. Buyers should not assume an item has been PAT tested unless specifically stated or labelled.

22.3. PAT testing assesses aspects of electrical safety but does not confirm that an appliance is fully functional or free from all defects.

22.4. Unless expressly stated in the Lot description, electrical items have not been function tested by North Devon Auctions, and their working condition is unknown.

22.5. Buyers are advised to arrange appropriate inspection before using second-hand electrical equipment where necessary.

22.6. North Devon Auctions reserves the right to reject, withdraw or arrange lawful disposal of electrical goods that fail safety checks, are subject to unresolved safety recalls or are otherwise considered unsafe.

22.7. Vendors must disclose all known electrical faults, hazards, modifications and safety concerns.

22.8. North Devon Auctions will comply with applicable product safety legislation when supplying electrical goods.

22.9. Nothing in this section excludes statutory rights or liabilities which cannot legally be excluded.

23. Tools, Machinery and Specialist Equipment

23.1. Tools, machinery, petrol-powered equipment, battery-operated equipment and other specialist items are sold in their described condition.

23.2. Unless expressly stated, items have not undergone comprehensive functional or safety testing.

23.3. Buyers should arrange suitable inspection, maintenance and repair before operation.

23.4. Equipment must not be operated where doing so would be unsafe.

23.5. Applicable product safety requirements and statutory rights remain unaffected.

24. Jewellery, Gemstones and Collectables

24.1. North Devon Auctions does not routinely undertake laboratory testing of gemstones or independent authentication of all collectables.

24.2. Statements concerning age, makers, materials, gemstones, provenance, signatures and attribution are based on available information and opinion.

24.3. Formal certification will be identified where supplied.

24.4. Nothing in this section excludes applicable rights concerning materially inaccurate or misleading descriptions.

25. Shipping and Delivery

25.1. Shipping may be available for suitable small items, subject to quotation and acceptance.

25.2. Shipping is normally available to the UK, Ireland and the Channel Islands, subject to carrier restrictions and customs requirements.

25.3. The approximate maximum parcel dimensions are 40 × 40 × 58 cm, subject to packaging suitability.

25.4. Excluded items may include large quantities of china or glass, taxidermy, batteries and goods prohibited or restricted by the selected carrier.

25.5. North Devon Auctions may decline shipping where goods cannot reasonably be packaged or transported safely.

25.6. Fragile items, including ceramics, glass and glazed pictures, may require additional packaging or specialist transport.

25.7. Buyers arranging their own couriers must provide suitable collection instructions and authorisation.

25.8. Risk during transport and responsibility for loss or damage will be determined by applicable law, including whether the carrier was provided by the trader or independently commissioned by the Buyer.

25.9. North Devon Auctions will exercise reasonable care when providing packaging and shipping services.

25.10. Nothing in this section excludes statutory rights or liabilities which cannot lawfully be excluded.

26. Refunds and Returns

26.1. Buyers are encouraged to inspect goods and review available descriptions, photographs and condition information before bidding.

26.2. Where goods are sold by a genuine private Vendor, the legal rights applicable to private sales will apply.

26.3. Where goods are sold by a business Vendor or North Devon Auctions itself to a consumer, applicable consumer protection legislation will apply.

26.4. Buyers may have legal remedies where goods are materially misdescribed, faulty or otherwise fail to comply with applicable legal requirements.

26.5. Change-of-mind returns are not normally accepted unless a statutory cancellation right applies or an additional return arrangement has been agreed.

26.6. Nothing in these Terms removes applicable statutory rights.

27. Consumer Cancellation Rights – Online Auctions

27.1. North Devon Auctions conducts timed online auctions on behalf of both private and business Vendors.

27.2. Where goods are sold by a genuine private Vendor, there is normally no automatic statutory 14-day right to cancel merely because the Buyer has changed their mind.

27.3. Where goods are sold by a business Vendor or by North Devon Auctions as the legal seller to a consumer under a qualifying distance contract, statutory cancellation rights may apply.

27.4. Where the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 provide a cancellation right, the consumer may normally cancel without giving a reason within 14 days after the day on which they, or a nominated person other than the carrier, receive the goods.

27.5. The Buyer must inform North Devon Auctions of their decision to cancel before the applicable cancellation period expires.

27.6. Cancellation may be communicated by email, post or another clear statement. The model cancellation form in Appendix A may be used but is not compulsory.

27.7. The applicable cancellation information and model cancellation form will be provided or made available before the contract is concluded where required by law, with confirmation on a durable medium where required.

27.8. Following valid cancellation, goods must normally be returned within 14 days of notifying cancellation, unless collection is arranged by the responsible trader.

27.9. Where the consumer has been properly informed before purchase that they must pay the direct costs of returning goods, those costs will normally be the consumer's responsibility. Where applicable law requires the trader to meet the costs, that requirement will apply.

27.10. Refunds will include all payments required by law, including the original standard delivery charge where applicable.

27.11. Refunds will be processed without undue delay and within the applicable statutory deadlines.

27.12. Where legally permitted, reimbursement may be withheld until goods have been received back or evidence of return has been supplied, unless the responsible trader has offered to collect them.

27.13. A lawful deduction may be made where handling beyond what is reasonably necessary to inspect goods has diminished their value.

27.14. Statutory cancellation exemptions will only be applied where legally applicable.

27.15. Nothing in this section affects statutory rights relating to faulty, unsafe or misdescribed goods.

28. Items Confirmed Working by the Vendor

28.1. Where a Lot is expressly described as "confirmed working by the Vendor" or similar wording, this information has been supplied by the Vendor unless independent testing is stated.

28.2. Buyers should report concerns about goods not matching their descriptions as soon as reasonably possible.

28.3. North Devon Auctions may offer a voluntary return arrangement requiring notification within 7 days of the auction ending, where lawful.

28.4. This voluntary arrangement does not restrict statutory rights or longer applicable remedies.

28.5. North Devon Auctions may seek reimbursement from Vendors for reasonable losses caused by materially inaccurate statements about functionality, where legally recoverable.

29. Complaints and Disputes

29.1. Complaints should be submitted in writing, including the relevant invoice number, Lot number and details of the issue.

29.2. Supporting photographs or other evidence may be requested where appropriate.

29.3. North Devon Auctions will investigate complaints reasonably and may consult the original Vendor.

29.4. Nothing in these Terms prevents Buyers or Vendors from exercising statutory rights or seeking independent legal remedies.

SECTION D – BUSINESS PROTECTION AND ADMINISTRATION

30. Customer Behaviour and Staff Safety

30.1. North Devon Auctions expects all Buyers, Vendors and visitors to treat staff, contractors and other customers respectfully.

30.2. Threatening, abusive, discriminatory, harassing or inappropriate behaviour will not be tolerated.

30.3. North Devon Auctions may refuse entry, terminate appointments, require visitors to leave or restrict future services where reasonably necessary to protect staff, customers or property.

30.4. Serious incidents may be reported to the police or relevant authorities.

30.5. Restrictions will be exercised lawfully and without unlawful discrimination.

31. Health and Safety on the Premises

31.1. Visitors must follow reasonable safety instructions.

31.2. Children must be appropriately supervised.

31.3. Visitors must not enter restricted areas or operate equipment without permission.

31.4. North Devon Auctions may refuse loading or unloading where reasonably considered unsafe.

31.5. Customers must disclose relevant hazards associated with goods they deliver or collect.

31.6. Nothing in these Terms excludes liability for death or personal injury caused by negligence or any other liability which cannot legally be excluded.

32. Transport and Third-Party Services

32.1. Collection, transport, removal, delivery and clearance services may be provided by North Devon Auctions or arranged through separate providers.

32.2. Where another company provides a service, the identity of the contracting business and any additional terms will be made clear before agreement.

32.3. Additional work, waiting time, specialist equipment or disposal may incur charges where agreed or otherwise lawfully recoverable.

32.4. Claims concerning separate transport or removal contracts will be assessed under the relevant contractual terms and legal obligations.

33. Liability

33.1. North Devon Auctions will exercise reasonable care and skill in providing its services.

33.2. To the extent permitted by law, North Devon Auctions will not be liable for losses caused solely by inaccurate information supplied by Vendors where North Devon Auctions has not itself breached an applicable duty.

33.3. North Devon Auctions will not be responsible for delays or failures caused solely by circumstances genuinely outside its reasonable control, except where applicable law provides otherwise.

33.4. Nothing in these Terms excludes liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation or other liabilities which cannot lawfully be excluded.

33.5. Any limitation of liability is subject to applicable fairness and reasonableness requirements.

34. Charges and Recovery of Costs

34.1. Additional charges must be authorised by these Terms, separately agreed or otherwise lawfully recoverable.

34.2. Charges will be reasonable and proportionate to the service provided or loss incurred.

34.3. North Devon Auctions may seek recovery of reasonable, evidenced losses arising from a Buyer's or Vendor's breach of contract.

34.4. North Devon Auctions will not impose unlawful punitive charges or recover the same loss twice.

35. Data Protection

35.1. North Devon Auctions processes personal information for auction administration, customer accounts, payments, shipping, legal compliance and related business purposes.

35.2. Personal information will be handled in accordance with applicable UK data protection legislation.

35.3. Information may be shared with relevant service providers where necessary and lawful.

35.4. Further information is available in the North Devon Auctions Privacy Notice.

36. Events Outside Our Control

36.1. North Devon Auctions will not be responsible for delays or failures caused by events genuinely outside its reasonable control, except where applicable law provides otherwise.

36.2. Such events may include severe weather, fire, flooding, power failures, major technical outages and other exceptional circumstances.

36.3. North Devon Auctions will take reasonable steps to minimise disruption where practicable.

37. Changes to Terms and Conditions

37.1. North Devon Auctions reserves the right to update these Terms and Conditions.

37.2. Updated Terms will normally apply to transactions entered into after the revised Terms take effect.

37.3. Material changes will be communicated where required by law.

37.4. Updated Terms will be made available through the website or relevant auction platform.

38. Governing Law

38.1. These Terms and Conditions are governed by the laws of England and Wales.

38.2. Disputes should, where possible, first be raised with North Devon Auctions in writing to allow an opportunity for resolution.

38.3. Nothing in these Terms prevents any party from exercising statutory rights or bringing proceedings in a court with lawful jurisdiction.

APPENDIX A – CONSUMER CANCELLATION INFORMATION AND MODEL FORM

This appendix applies where a consumer has a statutory right to cancel a qualifying distance purchase. It does not create a change-of-mind cancellation right where none exists under the law.

A1. Cancellation Instructions

Your right to cancel

Where a statutory cancellation right applies, you have the right to cancel your contract within 14 days without giving a reason.

For an ordinary contract for the sale of goods, the cancellation period will normally expire 14 days after the day on which you, or a person nominated by you other than the carrier, physically receive the goods.

Different starting dates may apply where goods are delivered in separate consignments or where other special rules apply.

How to cancel

To exercise your cancellation right, you must inform the responsible trader of your decision by a clear statement, such as a letter or email.

Cancellation notices may be sent to North Devon Auctions using the contact details below where North Devon Auctions is authorised to receive such notices on behalf of the seller.

North Devon Auctions

Postal address: [Insert full business postal address]

Email: [Insert contact email address]

You may use the model cancellation form below, but you are not required to do so.

To meet the cancellation deadline, it is sufficient to send your cancellation notice before the applicable cancellation period expires.

What happens after cancellation

Where a valid statutory cancellation is exercised, the responsible trader will reimburse the payments required by law, including the cost of standard delivery where applicable.

Reimbursement will be made without undue delay and within the statutory time limits.

Where legally permitted, reimbursement may be withheld until the goods have been received back or evidence of return has been provided, whichever occurs first, unless the trader has offered to collect the goods.

Refunds will normally be made using the original payment method unless another method has been expressly agreed.

Returning goods

You must normally send back or hand over the goods without undue delay and no later than 14 days after informing the trader of your decision to cancel.

You will normally be responsible for the direct cost of returning the goods where this was properly disclosed before purchase, except where applicable law requires the trader to bear that cost.

For goods which cannot normally be returned by post, any required advance information about estimated return costs must be provided before the contract is made.

You may be responsible for a reduction in the value of goods caused by handling beyond what is necessary to establish their nature, characteristics and functioning, where permitted by law.

These instructions do not affect your separate statutory rights where goods are faulty, unsafe or misdescribed.

A2. Model Cancellation Form

NORTH DEVON AUCTIONS – CANCELLATION FORM

Complete and return this form only if you wish to cancel a purchase for which a statutory cancellation right applies.

To: North Devon Auctions

Postal Address: Unit 3, Cherrywood Business Park, Langtree, Great Torrington, North Devon, EX38 8LQ

Email: info@northdevonauctions.com

I/We hereby give notice that I/we cancel my/our contract of sale for the following goods:

Lot Number(s): __________________________

Description of Goods: __________________________

Auction Date: __________________________

Invoice Number: __________________________

Date Ordered: __________________________

Date Received: __________________________

Customer Name: __________________________

Customer Address: __________________________

Signature (if submitted on paper): __________________________

Date: __________________________

Use of this form is optional. Where a statutory cancellation right applies, a clear email, letter or other statement informing the responsible trader of your decision to cancel is sufficient.

NORTH DEVON AUCTIONS

www.northdevonauctions.co.uk

END OF TERMS AND CONDITIONS