BACKGROUND
These Terms and Conditions are the standard terms for the provision of onsite and online auction services by TPT (UK) Limited t/a Superstars, a limited company registered in England under registration number 04132127, whose registered address and main trading address is Eagle House, Station Approach, Marlow, Buckinghamshire SL7 1NT.
PLEASE READ SECTIONS 7, 8 AND 9 CAREFULLY AS THESE SET OUT THE LIMITS OF OUR LIABILITY IF THINGS GO WRONG AND YOUR RIGHTS TO AMEND AND CANCEL IF YOU CHANGE YOUR MIND.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions shall have the following meanings:
“Auctioneer” means TPT (UK) Limited t/a Superstars, the party providing the silent auction services and, unless expressly stated otherwise on a sale-by-sale basis, acting as the seller of the goods.
“Auction Catalogue” means any document, brochure, or online listing providing descriptions and details of the Goods offered for sale.
“Bidder” means any individual, entity, or organisation participating in the auction by placing bids on the Goods, either in person or through an online platform.
“Buyer” means the highest Bidder whose bid has been accepted by the Auctioneer, thereby entering into a legally binding contract for the purchase of the Goods.
“Under Bidder” means the next highest bidder to the Buyer.
“Goods” means the items, property, or assets offered for sale at the auction, whether tangible or intangible.
“Nominated Recipient” Any person nominated by the Buyer to receive the Goods. A person shall only be deemed a Nominated Recipient if the Buyer has confirmed his nomination in writing to the Auctioneer.
“On-Site Auction” means a silent auction conducted at a specified physical location, attended by Bidders in person.
“Online Auction” means an auction conducted via a designated online platform or website, allowing Bidders to participate remotely.
“Reserve Price” means the minimum price set by the Seller below which the Goods will not be sold.
“Sale Price” means the highest bid accepted by the Auctioneer.
“Voucher” means a voucher sold by the Auctioneer which shall hold a set monetary value for use in the purchase of Goods.
2. Scope
2.1 These Terms and Conditions apply to all auctions conducted by the Auctioneer, whether On-Site or Online, and govern the rights and obligations of Bidders and Buyers.
2.2 By participating in an auction, all parties agree to be bound by these Terms and Conditions without exception or limitation.
2.3 Additional terms specific to individual auctions may be communicated in writing or announced prior to or during the auction. In the event of any inconsistency, such additional terms shall prevail over these Terms and Conditions.
2.4 The Auctioneer reserves the right to refuse participation in any auction to individuals or entities who fail to comply with these Terms and Conditions.
3. Auctioneer’s Role and Authority
3.1 The Auctioneer conducts auctions and, reserves the right to sell any Goods as Seller.
3.2 The Auctioneer shall have absolute discretion to manage the auction process, including but not limited to:
(a) Determining the order in which Goods are offered for sale;
(b) Setting or modifying bidding increments during the auction;
(c) Refusing or revoking bids deemed invalid, suspicious, or inappropriate;
(d) Withdrawing Goods from sale at any time before the Reserve Price is reached; and
(e) Resolving any disputes or ambiguities arising during the auction.
3.3 The Auctioneer’s decision in the matters listed in this clause 3 shall be final and binding.
4. The Bidder’s Obligations
4.1 Bidders are responsible for ensuring they have sufficient funds to fulfil any bids placed. A successful bid constitutes a legally binding commitment to purchase the Goods at the Sale Price, plus any applicable taxes or fees plus any associated shipping costs.
4.2 In making a bid for Goods, the Buyer does so as principal.
4.3 Bidders shall not engage in fraudulent, deceptive, or collusive bidding practices, and any such conduct may result in disqualification from the auction and potential legal action.
4.4 Bidders participating in Online Auctions are responsible for ensuring they have reliable internet access and functioning devices. The Auctioneer shall not be liable for any technical issues affecting the Bidder’s ability to participate.
5. Conduct of the Auction
5.1 The Auctioneer reserves the right to announce the conditions of sale at the commencement of the auction, including any additional terms specific to the auction or individual lots.
5.2 In an Online Auction, Bidders shall familiarise themselves with the platform’s terms of use and functionality. The Auctioneer assumes no liability for any disruptions or malfunctions of the platform.
5.3 The highest bid accepted by the Auctioneer at the Sale Price (or equivalent digital notification in Online Auctions) constitutes a legally binding contract of sale between the Auctioneer and the Buyer.
5.4 If the Auctioneer has multiples of any Goods, the Auctioneer reserves the right to offer the Goods to the Under Bidders at the value equal to their highest bid providing the Under Bidders highest bid exceeds the Reserve Price.
5.5 The Auctioneer shall inform the Buyer that their bid has been successful either in person at the event or in writing by email as soon as reasonably possible after the Auction has closed.
5.6 The Auctioneer reserves the right to set Reserve Prices for Goods. If bidding does not reach the Reserve Price, no sale will occur, and the Goods will remain unsold.
5.7 No bid may be withdrawn after the close of bidding.
5.8 In the event of a dispute over bidding, the Auctioneer may:
(a) Re-offer the Goods for sale;
(b) Determine the successful bid at their discretion; or
(c) Resolve the dispute in any other manner deemed appropriate.
6. Payment Terms
6.1 The Buyer shall pay the Sale Price plus any applicable taxes or fees within 48 hours of the sale.
6.2 All shipping fees will be declared at the Event and will need to be paid in full at the Event save for International shipping costs which (for the avoidance of doubt includes customs fees and) will be declared post Event and will need to be paid within 48 hours of the Auctioneer confirming the shipping costs.
6.3 Payment methods accepted by the Auctioneer include:
(a) BACS;
(b) Credit/debit card (VISA, Mastercard, AMEX).
(c) Apple Pay/Google Pay
(d) Stripe
(e) Bank Transfer
(f) BACS/CHAPS
(g) Cash (limited to £250)
(all bank payment processing fees shall be the sole responsibility of the Buyer).
6.4 If the Buyer fails to complete the purchase for any reason, the Auctioneer may, at its sole discretion, offer the Goods to the Under Bidder at their last submitted bid price. The Under Bidder may decline the offer but if they accept, they shall be bound by the same terms and conditions as the original Buyer.
6.5 If the Buyer or the Under Bidder fails to make payment within the specified time, the Auctioneer reserves the right to:
(a) Cancel the sale and reoffer the Goods;
(b) Charge the Buyer for any shortfall or losses incurred;
(c) Retain any deposits or partial payments as liquidated damages.
7. Risk and Title
7.1 Insurance: As from the date and time the Buyer is declared, all risks in and relating to the Goods purchased, shall pass to the Buyer and the Buyer is strongly advised to effect insurance for these risks at once. In no circumstances will the Auctioneers or the Vendor be responsible if any Goods or part thereof be lost, stolen, damaged or destroyed after the Buyer is declared.
7.2 Title: The Vendor shall only sell such title to the Goods as he may have. Neither the Auctioneers nor the Vendor (in circumstances where the Auctioneer is not the vendor) warrants the Vendor’s good title to any of the Goods and if it is found that the Vendor does not have title or unencumbered title to any of the Goods purported to be sold under these conditions the Buyer expressly agrees that it shall have no right either to rescind the contract or to claim damages or a reduction in the consideration paid or payable under the contract.
7.3 Title to each of the Goods will not pass until:-
(a) all debts owed by the Buyer to the Auctioneers (whether part paid secured or otherwise) are settled, for the avoidance of doubt the debts shall not be settled until (where payment or part payment is made by cheque) all cheque(s) in question have been cleared; and
(b) such Goods have been removed from the premises at which the sale is held or where the Goods are being stored in their entirety.
7.4 No lot or part thereof can be removed until payment in cleared funds (in accordance with clause 6.3) has been made in full or (where any part of the payment was made by cheque) the cheque has cleared in the Auctioneer’s account. No lot shall be removed without the authority of the Auctioneer and unless under the supervision of the Auctioneer’s servants or agents.
7.5 Delivery of Goods or lots sold will be made to the declared Buyer or Nominated Recipient and no transfer of any Goods or lots or part of a lot to any other person will be recognised.
7.6 The Buyer will be granted the opportunity to remove smaller Goods purchased at the Event but the majority of the items will be delivered to the Buyer or Nominated Recipient in accordance with these terms and conditions.
8. Limitation of Liability – PLEASE READ THIS SECTION CAREFULLY
8.1 The Auctioneer sells the Goods on an “as is” without any warranties, conditions, or representations, whether express or implied, including but not limited to implied warranties of satisfactory quality, fitness for a particular purpose, or non-infringement.
8.2 To the fullest extent permitted by law, all statutory warranties and conditions that may be implied by law in business-to-business transactions are excluded.
8.3 Neither the Vendor nor the Auctioneers, their servants or agents shall be liable for any loss or damage suffered by the Buyer arising out of or in connection with any defects or deficiencies in any lots or Goods purchased, errors of description in the auction catalogue, any mis-statements as to any matter affecting the lots or Goods or the failure of the lots or Goods to fulfil the functions for which they were intended.
8.4 The Auctioneer shall have no liability for any indirect or consequential loss, arising from or in connection with the sale of the Goods to include without limitation:
(a) loss of profits;
(b) loss of business;
(c) loss of goodwill;
(d) special losses; or
(e) any losses (including but not limited to consequential losses) arising from circumstances beyond the Auctioneer’s reasonable control, to include without limitation, technical failures affecting Online Auctions.
8.5 Where the Auctioneer is not the owner of the Goods, the Auctioneers act only as Agents for and on behalf of the Vendor and shall not be held responsible for any action or default on the part of either the Vendor, bidders or the Buyer. Any concluded contract of sale is made directly between the Vendor and the Buyer
8.6 The Auctioneer’s total liability in respect of any claim arising out of or in connection with these Terms and Conditions shall be limited to the price paid by the Buyer for the Goods in question.
8.7 The Bidder’s statutory rights as a consumer are not excluded by this clause.
8.8 Where the Auctioneer acts solely as an auction facilitator and does not provide or operate the experience or service which has been sold as Goods, all liability in connection with the provision, safety, and conduct of the experience or service rests with the third-party provider/owner.
8.9 Nothing in these Terms and Conditions shall limit or exclude liability for death or personal injury caused by negligence, fraud, or other liabilities that cannot be excluded under applicable law.
9. Cancellation and Rescheduling
9.1 The Auctioneer reserves the right to cancel or reschedule an auction at their sole discretion, including but not limited to circumstances beyond their control.
9.2 If an auction is cancelled or rescheduled, the Auctioneer shall not be liable for any losses incurred by third party sellers, Bidders, or Buyers but will refund any fees paid for participation in the cancelled auction.
10. Consumer Protection and Cooling-Off Period
10.1 In accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, consumers who purchase Goods in an Online Auction may have a right to cancel their purchase within a 14-day cooling-off period.
10.2 The cooling-off period applies only where the Bidder is a consumer (not a business). For the purposes of this clause, a business means any legal entity or individual acting for purposes relating to their trade, business, craft, or profession, whether acting personally or through another person acting in their name or on their behalf.
10.3 The 14-day period begins on the day the Bidder receives the Goods.
10.4 This right to cancel does not apply where:
(a) The Goods were sold at a traditional On-Site Auction that the Bidder attended in person;
(b) The Goods are bespoke, personalised, perishable, or otherwise exempt under consumer law;
(c) The Goods consist of the supply of accommodation, transport of goods, vehicle rental services, catering, or services related to leisure activities if the contract for Goods provides for a specific date or period of performance. This includes bookings like hotel stays, flight reservations, or event tickets.
(d) The Goods consist of digital software and the Bidder acknowledges that they lose their right to cancel once the download or use of Goods has commenced.
(e) The Bidder waives their right to cancel by agreeing to immediate performance of the contract; and
(f) The Goods have been altered or tampered with following purchase (including where the Goods were sealed but unsealed after delivery or collection).
10.5 In the case of an On-Site Auction, cancellations may be permitted only under exceptional circumstances, such as misrepresentation or a material defect not disclosed prior to the sale, at the sole discretion of the Auctioneer.
10.6 To exercise the right of cancellation, the Bidder must notify the Seller in writing within the 14-day period and return the Goods in their original condition at their own expense.
10.7 Upon valid cancellation, the Auctioneer shall provide a full refund to the Bidder within 14-days of receiving the returned Goods.
11. Data Protection and Privacy
11.1 This clause 10 adopts the definitions of the Data Protection Act 2018 and GDPR insofar as it has been adopted and incorporated into the laws of England and Wales.
11.2 By participating in an auction, Bidders agree to the Auctioneer’s data processing practices as prescribed in this clause 10.
11.3 The Auctioneer acts as a “Data Controller” when “Collecting” and “Storing” the “Personal Data” of Bidders, and as a “Data Processor” when “Processing” and “Transferring” such data to third parties with the Bidder’s express consent.
11.4 The Auctioneer will collect the Bidder’s Personal data for the Purpose of auction registration, participation, and transaction processing. This includes, but is not limited to, name, contact details, and payment information.
11.5 The Auctioneer may share Bidder data with third-party payment processors, logistics providers, or event organisers where necessary for the auction process.
11.6 The Auction shall not share the Bidder’s Personal Data with third parties for marketing purposes without the Bidder’s express consent.
11.7 The Auctioneer shall implement appropriate security measures to protect Bidder data from unauthorised access, disclosure, or loss.
11.8 Personal data is retained only for as long as necessary to fulfil legal and contractual obligations.
11.9 Full details of how the Auctioneer collects, stores and processes data are outlined in the Auctioneer’s separate privacy policy, which can be viewed at https://superstars.com/privacy-policy/
12. Governing Law and Jurisdiction
12.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales.
12.2 Any disputes or legal proceedings shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
13. General Provisions
13.1 If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
13.2 These Terms and Conditions constitute the entire agreement between the parties concerning the subject matter and supersede any prior agreements or understandings.
13.3 Any amendments or modifications to these Terms and Conditions shall be made in writing and signed by the Auctioneer.
13.4 The failure of the Auctioneer to enforce any provision of these Terms and Conditions shall not constitute a waiver of that provision.
14. Contact Details
For any queries, concerns, or further information, please contact the Auctioneer at: [email protected].