Terms & conditions of sale

These conditions govern every sale conducted by HCS Auctions Ltd. Please read them before bidding — by placing a bid you accept them in full. All of our auctions are conducted online. Every lot is offered without reserve, with bidding opening at £1.

Who we are

HCS Auctions Ltd (House Clearance Specialists Auctions), registered in England & Wales.

Trading address — the address we trade from and to which all lots, returns and correspondence should be sent:
Ground Floor, The Old Coop Bakery, Borough Road, Darwen, Lancashire, BB3 2FT.

Telephone 01254 957653. Email info@hcsauctions.co.uk.

Definitions

“We”, “us” and “the auctioneer” mean HCS Auctions Ltd. “You” and “the buyer” mean the person registered to bid. “The vendor” means the person entering a lot for sale. “Hammer price” means the price at which a lot is knocked down to the successful bidder, before commission and fees. “Total purchase price” means the hammer price plus the buyer’s commission and any other charge shown on the invoice.

Payment and collection — please read

ALL LOTS MUST BE PAID AND COLLECTED ON THE MONDAY FOLLOWING THE AUCTION.
COLLECTION HOURS ARE MONDAY 10am – 6pm.

If paid and not collected without prior arrangement. A fee of £1 per lot (£5 for larger items) per day storage charge will be applied from that day. The amount will be added to the bill and must be paid before release of goods. Once the value equates to the value of the goods, lots will be put back into an auction to cover the fees. This means you will forfeit the items.

If NOT paid and collected or ready for post, we shall re-enter the goods in the next auction and restrict bidding privileges on your account. This will show on your account to other auction houses as non-payment.

Buyer’s terms of sale

  1. A commission of 20% is applied to the hammer price of each lot.
  2. Bidders and buyers must complete online registration or already be registered before bidding, providing accurate and legible personal or business details. Photo I.D. may be requested to prove identification.
  3. Purchasers must settle payment before removing any lots. Payment and removal must be completed by 6pm Monday following the auction, unless agreed otherwise, to avoid storage charges or re-offering. All items must be removed by the buyer to avoid disposal fees.
    • 3a. Payments must be made by payment link via invoice, or cash on collection. Phone payments are not permitted.
    • 3b. Some items may be subject to the ‘buyer to remove’ clause, where the item may be too heavy or too large for auction staff to move.
    • 3c. HCS Auctions bears no responsibility for losses, damages or injuries sustained on the premises.
    • 3d. Title in a lot does not pass to the buyer until we have received payment in full and in cleared funds. Risk passes to the buyer when bidding on the lot closes.
    • 3e. We may decline to release any lot while any sum remains outstanding on your account, including sums due on other lots.
  4. Items are sold based on the buyer’s inspection; no guarantees or warranties are implied.
    • 4a. Electrical appliances are purchased at the buyer’s risk and must be inspected by a qualified professional before use.
    • 4b. Lots are available for public viewing by registered buyers by appointment.
    • 4c. We do not test electrical, mechanical or battery-operated items unless the catalogue expressly says otherwise. An item described as untested is not faulty simply because it does not work.
  5. The highest bidder secures the purchase, and bids cannot be retracted. HCS Auctions reserves the right to reject any bid.
    • 5a. Bidding increments are at the auctioneer’s discretion.
    • 5b. The auctioneer has absolute discretion to divide or combine lots, withdraw a lot, and re-open bidding where a dispute arises — including re-offering a lot.
  6. Disputes between bidders will be resolved at HCS Auctions’ discretion, with their decision being final and binding.
  7. Descriptions express opinions based on research and consideration, without guarantee of authenticity. The auctioneer is not liable for description correctness, measurements, genuineness or authenticity. Items are sold with all faults and errors, except for implied conditions under applicable legislation.
  8. Non-compliance with sale conditions allows HCS Auctions to resell the lot without notice, with the defaulter being liable for any deficiency, charges and expenses. Defaulters will be blocked from future sales. This block can be seen by other auction houses.
    • 8a. We may charge interest on any sum outstanding, and may retain any other lot or property of yours in our possession against the debt. We may pass an unpaid debt to a collection agency.
  9. Buyers assume full risk and responsibility upon winning a bid, taking lots as is, and paying the full purchase amount before removal.
  10. HCS Auctions accepts absentee bids, which will be executed in order of receipt.
  11. By placing a bid, the buyer acknowledges acceptance of these sale conditions and notices.

Postage terms & conditions

  1. HCS Auctions facilitate the arrangement of in-house packing and delivery services for your items across the UK, with the associated expenses being the responsibility of the buyer.
    • 12a. International buyers to arrange their own shipping, insurance and import duty. Items will be packed and weighed, with sizes passed to the buyer to arrange collection. The fee for this service is £5 per parcel. The buyer is responsible to pay any import duty or taxes charged.
  2. Please note that a minimum UK postage charge starting at £10 applies to all delivery arrangements. We strive to keep the costs down, but sizes and weights dictate the final cost.
  3. In situations involving larger or weightier items, we strongly recommend coordinating the transportation through your chosen courier, as our shipping capacity is optimised primarily for small to medium-sized parcels.
  4. Please take into account that all dispatched items are equipped with traceability through a tracking service. However, it is important to bear in mind that we independently are unable to provide insurance coverage for these dispatched items.
  5. Buyers may be due compensation for lost or stolen items. Items marked as delivered with a signature do not fall under this category.
  6. HCS Auctions hold the right to refuse to post or ship items that are:
    • Prohibited or restricted by selected carriers.
    • Too large or heavy to post or ship.
    • Items or liquids that could cause damage or leak during shipment.
    • Items categorised as dangerous or offensive weapons.
  7. It is imperative to acknowledge that HCS Auctions will not assume liability for any damages or loss sustained during the shipping process.
  8. For buyers who want to arrange their own shipping and insurance, a packing-only service is available starting at £5.

Vendor’s terms of sale

  1. Vendors authorise the auctioneer to deduct commission and expenses from the hammer price. Standard commission of 25% plus £1.00 lotting fee.
    • 20a. By entering goods you warrant that you are the legal owner, or are properly authorised by the owner to sell, and that the goods are free from any lien, charge or third-party claim. You indemnify us against any claim to the contrary.
  2. Vendors are required to pre-register via our online registration process by providing their name, address, telephone number and email. Arrangement must then be made with the auction house for a suitable drop-off time slot, to be confirmed by the auction house. We also need vendors’ bank details upon drop-off to enable direct pay-outs.
  3. Items presented for sale will be included in the earliest available auction. The auctioneer may exercise discretion in deferring inclusion until space or a suitable auction becomes available. The auctioneer reserves the right to amalgamate and present lots at their discretion. We also reserve the right to refuse items we deem unacceptable for sale.
  4. Items entered into an auction have a withdrawal fee of £10.
  5. Items entered into auction, if unsold, will be automatically entered into a second auction as per the agreed contract between vendor and HCS Auctions.
  6. All items and lots will start at £1. Reserves are not available to be placed.
  7. HCS Auctions acts as an agent for the vendor and does not accept ownership of items.
  8. Vendor payments are processed exclusively through bank transfer upon full payment from buyers. Payment is expected 14 days from the end of the auction. Vendors are responsible for checking the accounts for payments. All payments are received from HCS Auctions. Defaults will result in re-offering of goods in the next available auction at no extra cost to the vendor.
  9. Lots failing to sell after the second auction entry must be collected by the vendor on or before the 7th day following the auction. This must be by appointment so we can get the lots ready for collection.
  10. Uncollected lots (presumed unwanted) will then be moved on in a clearance sale and sold on behalf of a local charity. There will be no recompense for the vendor in this case.
  11. Non-compliant or unsaleable items will incur disposal costs borne by the owner.

Liability

  1. Nothing in these conditions excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability which cannot lawfully be excluded or limited. Clauses 3c and 18 are read subject to this.
  2. Subject to clause 31, our total liability to a buyer in respect of any lot is limited to the total purchase price paid for that lot, and we are not liable for indirect or consequential loss, loss of profit or loss of opportunity.
  3. We are not liable for any failure or interruption of the online bidding platform, of any internet connection, or of any telephone service, however caused.

Consumer rights, refunds and returns

Our sales are conducted online. Where you buy as a consumer, your rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Consumer Rights Act 2015 apply in the ordinary way, and nothing in these conditions removes them. If you believe a lot has been materially misdescribed, contact us promptly and we will put it right.

Save for those statutory rights, which are unaffected, refunds are made at the discretion of HCS Auctions Ltd and every request is dealt with on a case-by-case basis. If you have a concern about a lot, contact us with the auction and lot number and we will consider it on its own facts.

Prohibited and restricted lots

We do not knowingly offer items whose sale is prohibited or restricted by law. Certain lots — including but not limited to bladed articles, items containing protected species material, and age-restricted goods — may only be released against proof of age or the appropriate documentation, and may not be dispatched by post or carrier.

Data protection

Information you provide is handled in accordance with our privacy policy, which explains what we collect, why, and how long we keep it.

General

If any provision of these conditions is found to be unenforceable, the remainder continues in force. Our failure to enforce any provision is not a waiver of it.

Governing law and jurisdiction

These conditions, every contract of sale made under them, and any dispute or claim arising out of or in connection with them — whether contractual or non-contractual — are governed by and construed in accordance with the law of England and Wales.

The courts of England and Wales have exclusive jurisdiction to settle any such dispute or claim.