Marlow's Diamonds Auctions
MARLOW'S DIAMONDS AUCTIONS TERMS AND CONDITIONS
JE Marlow & Sons Ltd/Marlows Diamonds/Marlows Auctions carries on business, including the conduct of Auctions, on these general conditions. This include any business with Bidders, Buyers and users of this website, and with all those present on the Premises prior to or in connection with an Auction (all as hereinafter defined).
1.1 The following defined terms are used in these Conditions:
“Auction” means any Auction conducted by Marlows Diamonds on their website
"Auctioneer" means JE Marlow & Sons Ltd
“Bidder” means a bidder at the online Auction
“Buyer” means the bidder whose bid was the last bid when the Auctioneer when the auction for the particular item closes
“Conditions” means these terms and conditions;
"Total Amount Due" means the final closing auction price on the item which includes all costs with shipping and insurance
“Website” means this website, www.marlows-diamonds.co.uk/auction;
“You” means any person with who Marlows Diamonds do business with, including any user of the Website.
2.1 You may access most areas of the Website without registering your details with us. Certain areas of the Website are only open to you if you register. By accessing any part of the Website, you shall be deemed to have accepted these Conditions notice in full. If you do not accept this legal notice in full, you must leave the Website immediately.
2.2 Marlows Diamonds may revise these Conditions at any time by updating this posting. You should check the Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Website.
2.3 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by Marlows Diamonds or its licensors. If you breach any of the terms in this legal notice, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
3. Visitor Material and Conduct
3.1 You may not misuse the Website (including, without limitation, by hacking).
3.2 Each registration is for a single user only. Marlows Diamonds does not permit you to share your user name and password with any other person nor with multiple users on a network.
3.3 Responsibility for the security of any passwords issued rests with you.
4. The Online Auction
4.1 Any Auction shall be conducted at the absolute discretion of the Auctioneer.
4.2 Marlows Diamonds shall conduct the Auction with reasonable skill and care. For example, what constitutes a bid shall be at the absolute discretion of the Auctioneer, acting with reasonable skill and care.
4.3 Marlows Diamonds shall have the right to refuse any bid which does not exceed the previous bid by at least 10% or by such greater proportion as the Auctioneer shall in his or her absolute discretion direct.
4.4 Where two or more bids at the same level are simultaneously received by the Auctioneer, the Auctioneer at his absolute discretion shall determine which bid to prefer.
5. Bidders 5.1 Bidders will be required to register their particulars
5.2 You accept full liability for all bids submitted. Once a bid has been made by a Bidder on our website, the bid can be lowered or increased up until 9am on the day of the auction. You must sign into your Marlows Auction account to do this and you will receive an email confirmation for any changes made. Should a bid be placed in error on the website you must contact Marlows Diamonds immediately
5.3 Bidders using the live bidding facility on www.marlows-diamonds.co.uk are agreeing to the terms and conditions of sale. Any successful bids using the live bidding facility
5.4 Bidders are deemed to act as principals unless there is a written prior acknowledgement by Marlows Diamonds that a Bidder is acting as an agent for a named principal.
5.5 Bidders can view the items for sale by contacting the company on 020 74051477
6. The Buyer
6.1 Immediately a Lot is sold on close of the online auction, the Buyer shall:
(a) give to Marlows Diamonds their name and address and, if requested proof of identity, and
(b) pay to Marlows Diamonds the Total Amount Due as shown on the website. There will be no other premiums charged.
7. Title and Collection of Purchases
7.1 The ownership of any Lot purchased shall not pass to the relevant Buyer until they have made payment in full to Marlows Diamonds of the Total Amount Due.
7.2 Buyers shall at their own risk and expense take away any Lot that they have purchased and paid for not later than 5 working days following the day of the Auction after which they shall be responsible for any removal, storage and insurance charges. Any delivery costs shall be paid in advance by the Buyer.
8. Limitations of Liability
8.1 Any indemnity under these Conditions shall extend to all actions, costs, expenses, claims and demands whatsoever suffered or incurred by the person entitled to the benefit of it and Marlows Diamonds declares itself to be a trustee of the benefit of every such indemnity so far as it is expressed to be for the benefit of its employees and agents.
8.2 While Marlows Diamonds endeavours to ensure that the information on the Website is correct, it does not warrant the accuracy and completeness of the material on the Website. It may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and Marlows Diamonds makes no commitment to update such material.
8.3 The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Marlows Diamonds provides you with the Website on the basis that Marlows Diamonds excludes all representations, warranties, conditions and other terms which, but for this legal notice, might have effect in relation to the Website.
9.1 Any notice to any Viewer, Buyer or Bidder may be given by first class mail or email in which case it shall be deemed to have been received by the addressee 48 hours after posting or sending. All notices to Marlows Diamonds must be sent via email
9.2 These Conditions and any disputes or claims arising out of or in connection with it or their subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the law of England.
9.3 The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Agreement or its subject matter or formation (including non-contractual disputes or claims).
10.1 Marlows Diamonds offer a tracked and insured shipping service for all items via Royal Mail at no extra charge
10.2 Items posted outside of the UK will incur a £80 charge via Fedex tracked delivery
10.3 Larger items, as well as those exceeding a value of £20,000 or weighing in excess of 2kg may be subject to additional fees
10.4 If you have recently moved or wish to have your items sent to a different address, please contact us prior to the sale. We cannot accept alternative addresses for first-time buyers and your items will be sent the address on the ID/payment card. If you pay by bank transfer we can ship to any worldwide address of your choice.