Terms of Service
FOURNARIS AUCTIONS – GENERAL AUCTION TERMS & CONDITIONS
THESE GENERAL AUCTION TERMS ALONE APPLY TO AUCTIONS
WHERE PUBLIC VIEWINGS ARE HELD
1. INTERPRETATION
1.1 The defined terms used within these Terms have the following meanings:
"Bid" has the meaning given in clause 4.3.
"Bidder" a person who places a Bid for the Lot.
"Buyer" means the Bidder who places the Hammer Price at completion of the auction and who purchases the Lot pursuant to clause 4.6, and the End Buyer.
"Buyer Premium" means the percentage added to the hammer price as specified in the Important Notes, usually being 10% of the price of the Lot.
"Consumer" an individual who is acting for purposes which are wholly or mainly outside of the individual's trade, business, craft or profession.
"Contract" has the meaning given in clause 4.6.
"Deposit" a monetary deposit, in the amounts set out in the Important Notes (if applicable).
"End Buyer" has the meaning given in clause 6.1.
"FOURNARIS AUCTIONS" means FOURNARIS J.N.F. LIMITED (Registration Number: ΗΕ 319425) with registered office at Philadelphias 7, Larnaca, 6042, Cyprus.
"Good(s)" means the goods that FOURNARIS AUCTIONS, as agent for the Seller, sells by public auction under these Terms.
"Hammer Price" the highest Bid placed in respect of a Lot and which is accepted by FOURNARIS AUCTIONS. For the avoidance of doubt, the Hammer Price is exclusive of VAT.
"Important Notes" means the notes issued by FOURNARIS AUCTIONS that relate to the Lot which may set out information including: a general description of the Lot, the date the auction ends, payment method available, the fees payable (including the commission (if any), delivery charges, entry fees, and other costs and charges), details relating to collection of the Lot using click & collect (where available), and other specific information relating to the sale of the Lot.
"Intellectual Property" means all patents, rights to inventions, copyright and related
Rights" rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including knowhow) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
"Lot" or "Lots" means any single Good or set of Goods.
"Main Characteristics" means the description of the core characteristic of the Goods in the Lot (for example whether the Goods are a chair, television or necklace) as set out in the Important Notes. This does not include any specific details about the Goods (such as the memory capacity of a laptop, the state of functionality of the Goods or the condition of the Goods).
"Premises" the premises where the Lot is displayed for inspection (which may be at FOURNARIS AUCTIONS' premises or somewhere else entirely).
"Seller" means the seller of the Lot other than FOURNARIS AUCTIONS (where appliable).
"Terms" means these terms and conditions for general auctions.
"Three Minute Rule" has the meaning given in clause 3.10.
"Website" www.fournarisauctions.com
"Working Days" a day, other than a Wednesday (after 13:00pm Cyprus time), Saturday (after 13:00 pm Cyprus time) or Sunday or public holiday in the Republic of Cyprus, when FOURNARIS AUCTIONS is open for business.
1.2 Clause headings shall not affect the interpretation of these Terms.
1.3 References to writing in these Terms includes email but not faxes.
1.4 References to a person includes an individual, corporate or unincorporated body (whether or not having separate legal personality).
1.5 Where there is a conflict between these Terms and the Important Notes, the Important Notes shall prevail.
1.6 Except where the context otherwise requires, words in the singular shall include the plural and vice versa. Words denoting one gender shall include all genders.
1.7 References to a statute or statutory provision is a reference to it as in force for the time being, taking account of any amendment, extension or re-enactment and includes subordinate legislation made under it.
1.8 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
1.9 All sales and purchases of Lots by public auction, where FOURNARIS AUCTIONS acts as agent for the Seller, shall be subject to these Terms.
1.10 The Buyer's attention is drawn in particular to the provisions of clause 16 (if the Buyer is a Consumer) or clause 17 (if the Buyer is not a Consumer).
2. ROLE OF FOURNARIS AUCTIONS
2.1 FOURNARIS AUCTIONS acts as agent for the Seller. Any contract for sale of the Lot is made directly between the Seller and the Buyer, FOURNARIS AUCTIONS shall have no responsibility for the actions or the omissions of the Seller, the Buyer or any other party.
3. ENTERING AN AUCTION AND AUCTION CONDUCT
3.1 Before a Bidder can participate in a FOURNARIS AUCTIONS auction, the Bidder must complete registration with FOURNARIS AUCTIONS on the Website and view the Lot in person. The Bidder may also be required to pay a Deposit before it is able to participate.
3.2 These Terms are binding on the Bidder from the date the Bidder completes registration on the Website.
3.3 The Bidder may be required to provide valid photo identification (being a current valid passport or driving licence) at the Premises. FOURNARIS AUCTIONS and/or the Seller may remove the Bidder from the Premises, and/or may refuse to accept a Bid, if the Bidder fails to show a valid form of photo identification when requested.
3.4 FOURNARIS AUCTIONS shall be entitled to conduct the sale of the Lot by any method it considers appropriate and to impose such special conditions as it sees fit in the circumstances.
3.5 FOURNARIS AUCTIONS may in its absolute discretion and without providing any reason:
3.5.1 limit or restrict who can participate in an auction for the Lot;
3.5.2 refuse to admit any person to the Premises;
3.5.3 update or amend the Important Notes and price of a Lot for any reason at any time prior to formation of the Contract;
3.5.4 remove a Lot from sale prior to formation of the Contract (and may than reauction the Lot, or sell the Lot by private treaty);
3.5.5 refuse to accept and/or may reject a Bid at any time prior to formation of the Contract;
3.5.6 set a reserve price in respect of the Lot.
3.6 FOURNARIS AUCTIONS shall not be obliged to announce any reserve price for the Lot.
3.7 Any dispute between a Bidder and the Seller (where applicable) or FOURNARIS AUCTIONS, or the Buyer and the Seller (where applicable) or FOURNARIS AUCTIONS, shall be referred to FOURNARIS AUCTIONS for resolution who may make its decision without justification or explanation. FOURNARIS AUCTIONS’ decision shall be final except in the case of manifest error or negligence.
3.8 The Website is provided "as is" and the availability of the Website may not be uninterrupted or error free. FOURNARIS AUCTIONS gives no warranty as to the availability of the Website or any content on the Website.
3.9 The Bidder, the Buyer and the Seller shall comply with all FOURNARIS AUCTIONS’ policies as issued or made available via the Website from time to time including without limitation the conditions of website use.
3.10 FOURNARIS AUCTIONS operates its auctions using the "Three Minute Rule". This means that if a Bidder places a Bid in the final three minutes before the auction for the Lot closes, the auction for the Lot will automatically continue for an additional three minutes beyond the expected closing time (and so on until there are no subsequent Bids placed).
4. BASIS OF SALE & CONTRACT FORMATION
4.1 The Buyer acknowledges and accepts that the Contract is for the sale of the Lot by public auction, which is not a consumer contract for the purposes of the Law for the Conclusion of Consumer Distance Contracts of 2000, L.14(I)/20. To the fullest extent permitted by law all express and implied warranties and conditions are excluded from the Contract.
4.2 If FOURNARIS AUCTIONS indicates that it is prepared to sell the Lot by auction, such an indication shall constitute an invitation to treat and not an offer to sell.
4.3 The Bidder may place a bid on the Website by clicking the "Bid" button for the Lot and submitting the requested information. By submitting a bid for the Lot ("Bid"), the Bidder makes an offer to FOURNARIS AUCTIONS to purchase the Lot on these Terms and subject to any special conditions contained in the Important Notes ("Special Conditions").
4.4 The Bidder may retract its Bid at any time before the auction is concluded (see clause 4.6) by notifying FOURNARIS AUCTIONS. If a Bid is withdrawn, FOURNARIS AUCTIONS may accept a lower Bid received for the Lot.
4.5 Neither FOURNARIS AUCTIONS nor the Seller shall be bound to accept any offer for the Lot.
4.6 The Buyer shall be the highest Bidder at or above any reserve price at the conclusion of the auction (which shall be the time stated in the Important Notes, subject to the Three Minute Rule) at which point a contract for the sale and purchase of the Lot on these Terms and subject to the Special Conditions shall come into existence between the Seller and the relevant Bidder who is then the Buyer ("Contract"), subject to FOURNARIS AUCTIONS' right to reject Bids and to alter or withdraw Lots from auction under clause 3.5.4 and clause 3.5.5.
4.7 If any reserve price is not met, FOURNARIS AUCTIONS shall be entitled in its absolute discretion to accept any Bid received which is below the reserve price, in which case the Buyer shall be the person who submitted that Bid.
4.8 If a Bidder is unsuccessful in achieving the Hammer Price, or if the Bidder does not have its offer accepted by FOURNARIS AUCTIONS or the Seller, the Bidder may recover its Deposit from FOURNARIS AUCTIONS. Alternatively, the Bidder may request in writing that FOURNARIS AUCTIONS retains the Deposit to be paid against future auctions or sales in which the Bidder may participate. If FOURNARIS AUCTIONS retains the Deposit, the Bidder may be required to comply with FOURNARIS AUCTIONS' re-identification procedures on a bi-annual basis.
4.9 The Buyer acknowledges and accepts that it has no right to cancel the Contract or return the Lot.
5. WARRANTIES
5.1 The Bidder represents and warrants that:
5.1.1 it is the registered user of the online bidding account set up via the Website and used to place the Bid;
5.1.2 it is authorised to enter into the Contract (if its Bid is accepted by FOURNARIS AUCTIONS and the Seller (where applicable) as the Hammer Price and the Contract is formed in accordance with clause 4.6) and to be legally bound by the terms hereunder;
5.1.3 where the Bidder is an individual, he/she is at least 18 years old; and
5.1.4 it has read and accepts these Terms and commits to buying the Lot if its Bid is accepted by FOURNARIS AUCTIONS.
6. RESPONSIBILITY FOR THE CONTRACT
6.1 If the Bidder is acting as agent on behalf of a third party, or as principal for the ultimate benefit of a third party (the "End Buyer"), the Bidder must disclose to FOURNARIS AUCTIONS the full name of the End Buyer and any other information that FOURNARIS AUCTIONS may require. Such information must be provided to FOURNARIS AUCTIONS on the earlier of (a) the date the Bidder completes registration and (b) the date the Bidder first places a Bid.
6.2 The Bidder represents, warrants, and undertakes, that it has the necessary right, power and authority to enter into the Contract (if its offer is accepted by FOURNARIS AUCTIONS and the Seller) and to bind the End Buyer in full.
6.3 The Bidder hereby guarantees the performance of the Contract by the End Buyer and will be jointly and severally liable with the End Buyer for the performance of the Contract in full.
6.4 For the avoidance of doubt, neither FOURNARIS AUCTIONS nor the Seller shall have any liability to the End Buyer under or in connection with the Contract or in relation to the Lot.
7. CONDITION OF THE LOT
7.1 The Buyer acknowledges that before the date the Contract is formed, FOURNARIS AUCTIONS and the Seller have each given the Buyer the opportunity to inspect and (where possible) test the Lot and the Buyer has satisfied itself as to all matters relating to the Lot including the quality, age, value, correctness, condition, fitness for purpose, satisfactory quality and suitability of the Lot. However, FOURNARIS AUCTIONS remains responsible to the Buyer, if the Buyer is a Consumer, for the Main Characteristics of the Lot.
7.2 Any images of the Lot (whether on the Website, in the Important Notes, in brochures, in catalogues or otherwise) are for illustrative purposes only and the Lot may vary from those images. The Lot may comprise including but not limited to, of second-hand items, raw returns and repossessed goods. The Lot is sold as seen with no guarantees given, and is sold subject to any faults, defects and imperfections which may subsist at the time of the sale.
7.3 Any descriptions of the Lot are for identification purposes only, except where the Buyer is a Consumer and the description relates to the Main Characteristics of the Lot. Where errors or defects are not identified in the Important Notes or on the Website, there is no implied warranty as to the condition of the Lot or that it is free from any faults, imperfections, defects or restorations. FOURNARIS AUCTIONS and the Seller shall not be held responsible for any damage or defect to the Lot that has not been expressly notified to the Buyer.
7.4 Unless otherwise stated expressly in the Important Notes, no warranty, condition or guarantee is given (whether express or implied) by FOURNARIS AUCTIONS as to the quality, age, correctness, condition, suitability, fitness for purpose or satisfactory quality of the Lot, and any and all express or implied conditions and warranties are excluded to the fullest extent permitted by law. If the Buyer is a Consumer, nothing in this clause shall exclude any express or implied conditions or warranties relating to the Main Characteristics provided by FOURNARIS AUCTIONS.
7.5 Where FOURNARIS AUCTIONS or its representatives provide an estimated Hammer Price for the Lot it is an opinion given on behalf of FOURNARIS AUCTIONS and/or the Seller (as the case may be); such estimates should not be relied upon as the true value or the likely Hammer Price for the Lot. Lots can be sold for much more and much less than the estimated Hammer Price. Any estimate given by FOURNARIS AUCTIONS is given exclusive of Delivery Charges and other costs related to the sale and the purchase of the Lot.
7.6 The Buyer must satisfy itself as to the value, authorship, genuineness, origin, date, age, provenance or condition of the Lot except that, where the Buyer is a Consumer, FOURNARIS AUCTIONS is responsible for the Main Characteristics of the Lot.
7.7 No Lot is sold as new for the purpose of the Consumer Protection Law of 2021 (Law. 112(I)/ 2021) or any product liability legislation. The Lot is not sold as a sample.
7.8 FOURNARIS AUCTIONS and the Seller shall not be liable for any loss or damage suffered or incurred by the Buyer arising out of or in connection with any deficiency in the Lot, error in the Lot description, mis-statement or the failure of Lot to function, except where arising from FOURNARIS AUCTIONS’ or the Seller's negligence. This clause does not apply to a Buyer who is a Consumer.
7.9 Where the Buyer is a Consumer, nothing in this clause limits or excludes any express or implied conditions or warranties relating to the Main Characteristics.
8. RISK & TITLE
8.1 FOURNARIS AUCTIONS is acting as agent of the Seller only (where applicable) and gives no warranty as to the Seller's title to the Lot. This clause does not apply where FOURNARIS AUCTIONS is the seller.
8.2 Title to the Lot shall pass to the Buyer only once FOURNARIS AUCTIONS has received payment in full from the Buyer for all sums due to FOURNARIS AUCTIONS and the Seller. Unless expressly stated otherwise in the Important Notes, title to any Intellectual Property Rights which may subsist in the Lot shall not transfer to the Buyer.
8.3 Where the Buyer is not a Consumer, risk in the Lot shall pass to the Buyer from and including the date the Contract is formed under clause 4.6.
8.4 Where the Buyer is a Consumer, risk in the Lot shall pass to the Buyer on actual delivery of the Lot to the Buyer which shall be when the Lot is physically delivered to the Buyer (under clause 11) or collected by the Buyer (under clause 12).
8.5 Until risk passes to the Buyer, the risk in the Lot remains with FOURNARIS AUCTIONS.
8.6 It is the Buyer's sole responsibility to obtain adequate insurance for the Lot from the time that risk passes to the Buyer. FOURNARIS AUCTIONS and the Seller shall have no liability for the loss or theft of, or damage to, the Lot after this time.
8.7 No Lot shall be released to the Buyer until payment has been received by FOURNARIS AUCTIONS for all sums due to FOURNARIS AUCTIONS (including any sums due to FOURNARIS AUCTIONS in respect of any other Goods sold to the Buyer) in full.
9. CONTACT FOURNARIS AUCTIONS
9.1 For questions, comments or complaints, please contact FOURNARIS AUCTIONS using the details below:
Email: fournarisauctions@gmail.com
Call: +35799148138 or +35799630694
10. PRICE & PAYMENT
10.1 The price payable by the Buyer for the Lot shall be:
10.1.1 the Hammer Price;
10.1.2 the Buyer Premium (if applicable);
10.1.3 VAT at the prevailing rate;
10.1.4 the Delivery Charge (if applicable).
10.2 The Lot is sold exclusive of VAT which (if applicable) shall be payable by the Buyer at the prevailing rate.
10.3 The Buyer shall pay for the Lot in full and in cleared funds immediately on creation of the Contract (see clause 4.6) and in any event by no later than by 6pm on the Working Day that immediately follows the date that the sale is concluded pursuant to clause 4.6 or such other time as is specified in the Important Notes. Time for payment is of the essence. For example purposes only, if the Contract is concluded on Sunday morning on a given date, the Buyer shall pay for the Lot in full, by Monday 6pm.
10.4 Payment must be made in Euro (€) within the timeframe specified in clause 10.3 above, and can be made by JCC smart, or as otherwise specified by FOURNARIS AUCTIONS in the Important Notes from time to time. For queries about payment, please contact FOURNARIS AUCTIONS.
10.5 All amounts due under these Terms from the Buyer shall be paid in full without set-off, withholding or deduction.
10.6 The Buyer acknowledges and agrees that payment for the amounts due to FOURNARIS AUCTIONS must be received by FOURNARIS AUCTIONS in full before the Lot will be released to the Buyer.
10.7 If the Buyer fails to pay the amounts due to FOURNARIS AUCTIONS by the due date for payment then, without prejudice to any other right or remedy that FOURNARIS AUCTIONS may have, FOURNARIS AUCTIONS shall be entitled to charge the Buyer interest on any overdue sums from the due date for payment maximum at the rate applicable under law. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue sum, whether before or after judgment. The Buyer must pay the interest together with any overdue amount on demand.
11. DELIVERY
11.1 The Buyer shall only be permitted to collect, or arrange for collection of, the Lot where it has first obtained FOURNARIS AUCTIONS’ prior written consent. In all other circumstances, the Lot shall be delivered to the Buyer by FOURNARIS AUCTIONS in accordance with this clause 11. The price for delivery shall start from €25, unless otherwise advised by FOURNARIS AUCTIONS at its sole and absolute discretion (the “Delivery Charge(s)”). The Delivery Charge must be paid in full by the Buyer along with the Hammer Price, VAT and any other applicable charge in accordance with these Terms.
11.2 Once payment for all sums due from the Buyer has been received in full by FOURNARIS AUCTIONS (including where applicable all Delivery Charges), FOURNARIS AUCTIONS shall arrange for delivery to the Buyer. FOURNARIS AUCTIONS shall inform the Buyer of the anticipated date for delivery which is usually no later than 30 days after the date FOURNARIS AUCTIONS receives payment in full from the Buyer for all sums due. Notwithstanding the foregoing, times for collection and delivery of the Lot are approximate only and the time of delivery is not of the essence.
11.3 Delivery of the Lot shall be made to the address supplied by the Buyer to FOURNARIS AUCTIONS at the time that the Buyer makes payment for the Lot. The Buyer acknowledges and agrees that the delivery address cannot be changed after this time. The Buyer must provide an address at the Buyer's premises where the Lot can be safely delivered. Please be aware that FOURNARIS AUCTIONS does not deliver to any addresses outside of the Republic of Cyprus.
11.4 The Buyer is solely liable for ensuring that FOURNARIS AUCTIONS has access to its delivery address which is free from all obstacles. If FOURNARIS AUCTIONS is of the opinion that it is unable to deliver the Lot to the delivery address it shall deliver the Lot as close to the entrance of the delivery address as is reasonably possible. The Buyer shall immediately ensure that the Lot is removed from any public highways or pavements or access points.
11.5 The Buyer shall comply with all directions of FOURNARIS AUCTIONS for delivery of the Lot.
11.6 Delivery may be made in instalments as decided by FOURNARIS AUCTIONS. Separate Delivery Charge(s) may be applicable for each instalment.
12. REMOVAL FROM THE PREMISES & COLLECTION OF GOODS
12.1 Where the Buyer has obtained FOURNARIS AUCTIONS’ prior written consent for the Buyer (or someone acting on its behalf) to collect the Lot from the Premises the following terms in this clause 12 shall apply.
12.2 The Buyer will have the ability to collect the item from the chosen location after three working days from the date the Buyer has one the item (the “Eligibility for Collection Date”). The Buyer shall, at its own expense and risk, remove the Lot from the Premises within no later than 7 working days from the Eligibility for Collection Date. However, FOURNARIS AUCTIONS shall be under no obligation to release the Lot to the Buyer until it has been able to confirm to its satisfaction that it has received full payment for all amounts due.
12.3 FOURNARIS AUCTIONS shall only release the Lot to the Buyer or its authorised agent, not to any third party. Removal shall take place during FOURNARIS AUCTIONS normal working hours. For the avoidance of doubt, the Buyer or their authorised agent shall not be permitted to remove the Lot, or to procure the removal of the Lot, from the Premises without obtaining FOURNARIS AUCTIONS' prior written consent. Before the Lot is released to the Buyer (or its authorised agent), FOURNARIS AUCTIONS may require (and the Buyer shall in such circumstances provide) written authority from the Buyer that its agent is authorised to collect the Lot from the Premises on the Buyer's behalf.
12.4 The Buyer shall make good any damage caused by it or its employees, representatives, agents or subcontractors in effecting removal of the Lot including, without limitation, any damage caused to adjoining lots or goods and damage caused to any utilities at the Premises.
12.5 The Buyer shall indemnify and keep indemnified FOURNARIS AUCTIONS and the Seller against any and all liabilities, costs, claims, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and any and all other reasonable professional costs and expenses) suffered, incurred or paid by FOURNARIS AUCTIONS and/or the Seller arising out of or in connection with the removal of, or failure to remove, the Lot by the Buyer, its representatives, agents, or contractors, including in respect of any damage to property, death or personal injury.
13. HEALTH AND SAFETY
13.1 The Buyer acknowledges and accepts that the Lot may not comply with the relevant health and safety legislation at the time they are sold, may not be suitable for domestic use, and/or may require specialist handling or treatment prior to their removal from the Premises, during the physical transfer to the Buyer, and prior to their use.
14. BUYER DEFAULT
Non-Payment
14.1 If the Buyer fails to pay the amounts due under the Contract on the due date for payment, without prejudice to any other right or remedy that the Seller and/or FOURNARIS AUCTIONS may have, FOURNARIS AUCTIONS and/or the Seller may:
14.1.1 rescind the Contract;
14.1.2 retain the Deposit paid by the Buyer;
14.1.3 pursue the Buyer for monies owed in respect of costs incurred by FOURNARIS AUCTIONS and the Seller, including the cost of removing, storing and insuring the Lot (whether at the Premises or otherwise);
14.1.4 refuse to accept, and may reject, any Bid placed or which the Buyer attempts to place in a different or future auction or sale;
14.1.5 withhold the sale and/or release to the Buyer of any other goods purchased by
the Buyer until the earlier of the date that the Buyer pays all amounts due under the Contract in full or the date that the Seller rescinds the Contract;
14.1.6 apply any proceeds of sale due to the Buyer towards settlement of any unpaid payments due from the Buyer; and/or
Non-Removal of Lots
14.2 If the Buyer has received prior written consent from FOURNARIS AUCTIONS to remove the Lot from the Premises pursuant to clause 12.1, but fails to remove the Lot from the Premises, without prejudice to any other right or remedy that the Seller and/or FOURNARIS AUCTIONS may have, FOURNARIS AUCTIONS and/or the Seller may:
14.2.1 charge the Buyer;
14.2.1.1 a one-off administration fee of €50 (plus VAT where applicable);
14.2.1.2 a daily fee of €5 plus VAT for continued storage of the Lot, whether at the Premises or at new premises that the Lot is moved to, such amount to be deducted from the Deposit and then charged to the Buyer;
14.2.1.3 the cost of storage and insurance of the Lot (whether at the Premises or elsewhere),
until the earlier of the date that the Buyer removes the Lot from the Premises (or such replacement premises) and the date the Seller rescinds the Contract; and/or
14.2.2 move the Lot to another premises, such removal shall be at the Buyer's risk provided that FOURNARIS AUCTIONS shall use reasonable skill and care;
14.2.3 dispose of the Lot by way of private sale or public auction if the Lot is not removed by the Buyer within 14 days of FOURNARIS AUCTIONS receiving payment for all sums due.
Rescission
14.3 The Seller and/or FOURNARIS AUCTIONS can rescind the Contract without incurring any liability to the Buyer and without prejudice to any other right or remedy that the Seller and/or FOURNARIS AUCTIONS may have, if:
14.3.1 the Buyer fails to pay any sum due by the due date for payment;
14.3.2 the Buyer fails to comply with its obligations under clause 11 or clause 12 as applicable;
14.3.3 the Buyer fails to remove the Lot on the date and at the time agreed by FOURNARIS AUCTIONS;
14.3.4 the Lot is unlawful (including, without limitation, if the Lot contains Goods which it is unlawful to sell) or if the Lot infringes any third party rights
14.3.5 a government or public authority (such as Trading Standards) issues a restriction or prohibition on sale or requires the sale to be rescinded.
14.4 In the event that the Contract is rescinded (except where rescinded pursuant to clause 14.3.4 and clause 14.3.5) without prejudice to any other rights or remedies of the Seller and/or FOURNARIS AUCTIONS may resell the Lot to a third party without restriction and without having to account to the Buyer for any increase or decrease to the price that was originally agreed to be paid by the Buyer; and
14.5 In the event that the Contract is rescinded pursuant to clause to clause 14.3.4 and clause 14.3.5, without prejudice to any other right or remedies of the Seller and/or FOURNARIS AUCTIONS, if the Lot has been removed from the Premises, the Buyer shall deliver the Lot to such address as FOURNARIS AUCTIONS shall specify or make available the Lot for collection by FOURNARIS AUCTIONS (at FOURNARIS AUCTIONS' election).
14.6 The Buyer shall indemnify and keep indemnified FOURNARIS AUCTIONS and the Seller against all liabilities, costs, claims, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered, incurred or paid by FOURNARIS AUCTIONS and/or the Seller arising out of or in connection with the rescission of the Contract and resale of the Lot (including, without limitation, any loss arising out of the resale of the Lot at a lower price than originally agreed to be paid by the Buyer).
14.7 If the Buyer commits a breach of these Terms, FOURNARIS AUCTIONS reserves the right to reject or ignore any bids or offers made by or on behalf of the Buyer at a future auction or sale.
15. INTELLECTUAL PROPERTY RIGHTS
15.1 Where the Lot has been de-branded/de-badged, the Buyer shall ensure that the Lot remains de-branded or de-badged. No original trademarks, web images, logos or any other Intellectual Property Rights may be copied or used by the Buyer. Failure to comply with this restriction may result in the Buyer being permanently excluded from FOURNARIS AUCTIONS' auctions and sales.
15.2 Any use by the Buyer of the Lot (including without limitation computer software) shall be subject to the terms of any existing licence or other Intellectual Property Rights in and to such Lot.
15.3 All Intellectual Property Rights in and to the Website and the Important Notes and any advertising materials, catalogues or brochures issued by FOURNARIS AUCTIONS and any photographs, illustrations or other images of the Lot are and shall remain the property of FOURNARIS AUCTIONS or the Seller or their licensors. The Buyer shall not copy, reproduce, alter, adapt, modify, translate or deface such Intellectual Property Rights in whole or in part for any purpose.
16. LIMITATION OF LIABILITY (CONSUMER ONLY)
16.1 This clause 16 applies only to Buyers who are Consumers.
16.2 Buyers are reminded that FOURNARIS AUCTIONS is not the manufacturer and/or owner of the Lot if a Seller is involved.
16.3 Nothing in these Terms shall limit or exclude the liability of FOURNARIS AUCTIONS, the Seller, or those third parties connected to FOURNARIS AUCTIONS and/or the Seller, and each of their directors, employees, subcontractors and agents, for:
16.3.1 death or personal injury caused by its or their negligence;
16.3.2 fraud or fraudulent misrepresentation; and
16.3.3 any matter in respect of which it would be unlawful to exclude or restrict liability.
16.4 If FOURNARIS AUCTIONS or the Seller fails to comply with these Terms, it or they shall be responsible for loss or damage the Bidder or the Buyer (as applicable) suffers that is a foreseeable result of its or their breach of these Terms or its or their negligence, but no party referred to in clause 16.3 is responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of the breach or if it was contemplated by the parties to the Contract at the time the Contract was entered into.
17. LIMITATION OF LIABILITY (NON-CONSUMERS)
17.1 This clause 17 applies only to non-Consumers.
17.2 Buyers are reminded that FOURNARIS AUCTIONS acts only as an agent of the Seller and is not the manufacturer or supplier or owner of the Lot.
17.3 Nothing in these Terms shall limit or exclude the liability of FOURNARIS AUCTIONS, the Seller, or those third parties connected to FOURNARIS AUCTIONS and/or the Seller, and each of their directors, employees, subcontractors and agents for:
17.3.1 death or personal injury caused by negligence
17.3.2 fraud or fraudulent misrepresentation;
17.3.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (however, attention is drawn to clause 9.1);
17.3.4 any other matter for which it would be illegal or unlawful to exclude or attempt to exclude liability.
17.4 Subject to clause 17.3 and clause 17.5, the liability of FOURNARIS AUCTIONS and the Seller and those third parties connected to FOURNARIS AUCTIONS and the Seller, and each of their directors, employees, subcontractors and agents, for loss incurred or suffered by any Bidder or the Buyer or any other person arising out of or in connection with the Contract or the Lot, shall be limited to the price paid by the Buyer for the Lot or, where no price has been paid, limited to the price agreed under clause 4.6.
17.5 Subject to clause 17.3, FOURNARIS AUCTIONS and the Seller and those third parties connected to FOURNARIS AUCTIONS and the Seller, and each of their directors, employees, subcontractors and agents shall under no circumstances whatsoever be liable to any Bidder or the Buyer or any other person, under or in connection with the Contract or the Lot, whether in contract, tort (including negligence), breach of statutory duty, misrepresentation, or otherwise, for any:
17.5.1 loss of profits;
17.5.2 loss of income or revenue;
17.5.3 loss of business or business opportunity;
17.5.4 loss of anticipated savings;
17.5.5 loss of, or corruption or damage to, information or data;
17.5.6 loss or damage to goodwill;
17.5.7 wasted management or office time;
17.5.8 loss arising from third party claims;
17.5.9 indirect, special or consequential loss.
18. DATA PROTECTION
18.1 Personal data that is processed by FOURNARIS AUCTIONS in relation to the Contract shall be processed by FOURNARIS AUCTIONS in accordance with its Privacy Policy which can be viewed at www.fournarisauctions.com.
19. FORCE MAJEURE
19.1 FOURNARIS AUCTIONS and the Seller shall not be liable to the Buyer for any delay or failure in the performance of its or their obligations under the Contract caused by factors beyond its or their reasonable control including (without limitation):
19.1.1 acts of God, flood, drought, earthquake or other natural disaster;
19.1.2 epidemic, pandemic or public health crisis;
19.1.3 terrorist attack, civil war, civil commotion or riots, war, threat or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
19.1.4 nuclear, chemical or biological contamination or sonic boom;
19.1.5 any law or action taken by a government or public authority, including without
limitation, imposing an export or import restriction, quota, or prohibition, or failing to grant a necessary licence or consent;
19.1.6 collapse of building, fire, explosion or accident;
19.1.7 any labour or trade disputes, strikes, industrial action or lock-outs;
19.1.8 non-performance by suppliers or subcontractors (including by any Delivery
Carrier); or
19.1.9 interruption or failure of utility service.
19.2 In such circumstances, FOURNARIS AUCTIONS shall notify the Buyer and take reasonable steps to minimise any delay. The time for performance by FOURNARIS AUCTIONS and/or the Seller shall be deemed to be extended for the period that any of the above continues.
19.3 If the Buyer is a Consumer and there is a substantial delay or failure in the performance of FOURNARIS AUCTIONS or the Sellers' obligations under the Contract, the Buyer may terminate the Contract and receive a refund.
20. GENERAL TERMS
20.1 FOURNARIS AUCTIONS reserves the right to revise and amend these Terms from time to time to reflect changes:
20.1.1 in market conditions affecting its business;
20.1.2 in technology;
20.1.3 in payment methods;
20.1.4 in relevant laws and regulatory requirements; and
20.1.5 in various systems capabilities.
Such amendments shall be posted on the Website and shall be effective immediately provided that such amendments shall not affect any contract already concluded under clause 4.6.
20.2 Except as set out in these Terms, no other variation of these Terms, including the introduction of any additional terms and conditions, shall be effective unless agreed in writing and signed by FOURNARIS AUCTIONS.
20.3 If any court or competent authority decides that any provision whether in whole or part within these Terms is invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid and enforceable to the fullest extent permitted by law.
20.4 If, or to the extent that, any of these Terms (as amended from time to time in writing by FOURNARIS AUCTIONS) are found by any court or other authority of competent jurisdiction to be invalid, unenforceable, or illegal, this shall not impair the operation of these Terms or affect the other provisions which are valid.
20.5 If at any time FOURNARIS AUCTIONS fails to insist that the Seller and/or Buyer perform their obligations under the Contract, or if FOURNARIS AUCTIONS does not exercise any of its rights or remedies under the Contract, that will not mean that FOURNARIS AUCTIONS has waived such rights or remedies and will not mean that the Seller and/or Buyer does not have to comply with those obligations. If FOURNARIS AUCTIONS waives a default by the Seller and/or Buyer that will not mean that FOURNARIS AUCTIONS automatically waives any prior and/or subsequent default by the Seller and/or Buyer. No waiver by FOURNARIS AUCTIONS of any of the Contract shall be effective unless FOURNARIS AUCTIONS expressly states that it is a waiver and FOURNARIS AUCTIONS tell the Buyer and Seller so in writing.
20.6 No waiver by the Seller shall be effective unless the Seller expressly states that it is a waiver and the Seller tells the Buyer and FOURNARIS AUCTIONS so in writing.
20.7 The Contract constitutes the entire agreement between the parties and supersedes all prior representations, agreements, negotiations and understandings between the parties.
20.8 The Buyer acknowledges and agrees that it has not relied on any statement, promise or representation made or given by, or on behalf of, FOURNARIS AUCTIONS or the Seller which is not set out in these Terms.
20.9 With the exception of FOURNARIS AUCTIONS, a person who is not party to the Contract shall not have any rights under or in connection with them.
20.10 The Contract, the sale of the Lot, any disputes and/or claims arising out of it shall be governed by the laws of the Republic of Cyprus and FOURNARIS AUCTIONS, the Seller and the Buyer all agree to the exclusive jurisdiction of the Cypriot courts to resolve any such disputes.
20.11 No party may commence any court proceedings or arbitration in relation to any dispute arising out of the Contract until it has attempted to resolve the dispute via mediation and either the mediation has terminated or the other party has declined or failed to participate in mediation, provided that the right to issue proceedings is not prejudiced by a delay. A copy of FOURNARIS AUCTIONS' complaints policy is available from FOURNARIS AUCTIONS on request.
FOURNARIS AUCTIONS - SUPPLEMENTAL GENERAL AUCTION TERMS
THESE SUPPLEMENTAL TERMS APPLY TOGETHER WITH THE GENERAL AUCTIONS TERMS ABOVE TO AUCTIONS WHERE PUBLIC VIEWING IS NOT OFFERED
1. APPLICATION OF THESE REMOTE AUCTION TERMS
1.1 Due to the restrictions introduced by the Cypriot Government relating to the novel coronavirus (Covid-19) pandemic, our Premises may sometimes be closed to visits by Bidders, Buyers and Sellers. As a result, (and from time-to-time even if our premises are open to visits by Bidders, Buyers and Sellers) FOURNARIS AUCTIONS may operate remote auction sales, and Bidders and Buyers are unable to view Lots offered for sale in those auctions in person.
1.2 When these terms and conditions ("Remote Auction Terms") apply, which is stated within the Important Notes for each auction, these Remote Auction Terms are supplemental to and incorporate the FOURNARIS AUCTIONS General Terms and Conditions ("General Auction Terms") set out above and they apply only to remote auction sales conducted on www.fournarisauctions.com ("Website") where public viewing is not offered.
1.3 To the extent that there is a conflict between the Remote Auction Terms and the General Auction Terms, the Remote Auction Terms prevail.
1.4 Except where defined in the Remote Auction Terms, defined terms used herein have the meaning given to them in the General Auction Terms.
1.5 References to "FOURNARIS AUCTIONS" FOURNARIS J.N.F. LIMITED (Registration Number: ΗΕ 319425) with registered office at Philadelphias 7, Larnaca, 6042, Cyprus.
1.6 These Remote Auction Terms are binding on the Bidder from the date the Bidder completes registration on the Website.
2. ROLE OF FOURNARIS AUCTIONS
2.1 FOURNARIS AUCTIONS acts as a seller or agent for the Seller (where FOURNARIS AUCTIONS is not the seller). Any contract for sale Lots made directly between Sellers and the Buyer, FOURNARIS AUCTIONS shall have no responsibility for the actions or the omissions of the Seller, the Buyer or any other party. This clause will not apply where FOURNARIS AUCTIONS is the seller.
3. REMOTE AUCTION CONDUCT
3.1 Bidders are not permitted to view the Lot or visit the Premises in person.
3.2 The Buyer shall be the highest Bidder at or above any reserve price at the conclusion of the auction (which shall be the time stated in the Important Notes, subject to the Three Minute Rule) at which point a contract for the sale and purchase of the Lot on the General Auction Terms supplemented by the Remote Auction Terms and subject to the Special Conditions shall come into existence between the Seller and the relevant Bidder who is then the Buyer ("Contract"), subject to FOURNARIS AUCTIONS' right to reject Bids and to alter or withdraw Lots from auction under clause 3.5.4 and clause 3.5.5 of the General Auction Terms.
3.3 The Buyer acknowledges and accepts that it has no right to cancel the Contract except as permitted by applicable law.
3.4 Clause 4.1 of the General Auction Terms shall not apply to the Contract.
4. CONDITION OF THE LOT
4.1 Any images of the Lot (whether on the Website, in the Important Notes, in brochures, in catalogues or otherwise) are for illustrative purposes only and the Lot may vary from those images. The Lot may comprise of, including but not limited to, second-hand items, raw returns and repossessed goods. The Lot is sold as seen with two years guarantee given, and are sold subject to any faults, defects and imperfections which may subsist at the time of the sale.
4.2 Any descriptions of the Lot are for identification purposes only. Where errors or defects are not identified in the Important Notes or on the Website, there is no implied warranty as to the condition of the Lot or that it is free from any faults, imperfections, defects or restorations. FOURNARIS AUCTIONS and the Seller shall not be held responsible for any damage or defect to the Lot that has not been expressly notified to the Buyer. This clause does not apply to a Buyer who is a Consumer.
4.3 Unless otherwise stated expressly in the Important Notes, no warranty, condition or guarantee is given (whether express or implied) by FOURNARIS AUCTIONS as to the quality, age, correctness, condition, suitability, fitness for purpose or satisfactory quality of the Lot, and any and all express or implied conditions and warranties are excluded to the fullest extent permitted by law. This clause does not apply to a Buyer who is a Consumer.
4.4 Where FOURNARIS AUCTIONS or its representatives provide an estimate as to the value of the Lot or provide any guidance as to the authorship, genuineness, origin, date, age, provenance or condition, this is an opinion given on behalf of the Seller and should not be relied upon by the Buyer. The Buyer must satisfy itself as to the value, authorship, genuineness, origin, date, age, provenance or condition of the Lot. This clause does not apply to a Buyer who is a Consumer.
4.5 FOURNARIS AUCTIONS and the Seller shall not be liable for any loss or damage suffered or incurred by the Buyer arising out of or in connection with any deficiency in the Lot, error in the description, mis-statement or the failure of Lot to function, except where arising from FOURNARIS AUCTIONS’ or the Seller's negligence. This clause does not apply to a Buyer who is a Consumer.
4.6 All other conditions, warranties and implied terms are, to the fullest extent permitted by law, excluded from the Contract. This clause does not apply to a Buyer who is a Consumer.
4.7 For the avoidance of doubt, clauses 7 and 8 in the General Auction Terms do not apply to the Contract.
5. DELIVERY
5.1 Please be aware that there are Delivery Charges (as such term is defined in the General Auction Terms).
6. CONSUMER RIGHT TO CANCEL (NOT APPLICABLE TO NON-CONSUMER BUYERS)
6.1 This clause 6 applies only to a Buyer who is a Consumer.
6.2 The Buyer may cancel the Contract at any time from the date the Contract is formed (as set out in the General Auction Terms) until the end of 14 days after the day on which the Lot comes into the possession of the Buyer or someone on the Buyer's behalf ("Cancellation Period"). This cancellation right does not apply to Goods that are sealed for hygiene reasons, sealed audio or sealed video recordings, or sealed computer software, where the seal has been broken. In order to cancel the Contract, the Buyer must tell FOURNARIS AUCTIONS of its decision to cancel.
6.3 The Buyer can exercise his or her right to cancel the Contract under this clause during the Cancellation Period by contacting FOURNARIS AUCTIONS using any of the contact details set out at clause 7.1 below. If notice of cancellation is sent to FOURNARIS AUCTIONS by email, FOURNARIS AUCTIONS will confirm receipt of the cancellation notice by e-mail. Please be aware that our phone lines may be busy during this time, and you may find it more convenient to speak to a member of our team using one of the other methods of contact set out in clause 7.1. If the cancellation notice is sent by email or by post, the cancellation notice is effective from the date the email is sent or the date the letter is posted. Buyers are advised to include as much detail as possible to assist FOURNARIS AUCTIONS to identify the Buyer's Contract, including invoice or lot number.
6.4 If the Lot has already been dispatched to the Buyer before the Buyer cancels the Contract, the Buyer must return the Lot to FOURNARIS AUCTIONS without undue delay and in any event no later than 14 days starting on the day after the Buyer informs FOURNARIS AUCTIONS of his or her decision to cancel the Contract. The Lot must be returned to: the “Auction Location” address as stated on the invoice for the Lot. If possible, Buyers should include a copy of their invoice (or provide the invoice or lot number) with the Lot when returning it to FOURNARIS AUCTIONS. Buyers are advised to retain evidence that the Lot has been returned to FOURNARIS AUCTIONS.
6.5 If the Contract is cancelled by the Buyer in accordance with this clause 6, then except where clause 6.8 applies, the Buyer shall be responsible for the cost of returning the Lot to FOURNARIS AUCTIONS and such cost will not be refunded.
6.6 If the Buyer cancels the Contract in accordance with this clause 6, FOURNARIS AUCTIONS will refund the price paid by the Buyer for the Lot and standard delivery charges. As permitted by law, the maximum refund of the delivery charges will be the costs of delivery by the least expensive delivery method offered (provided that this is a common and generally acceptable method). As permitted by law, the refund may be reduced to reflect the reduction in the value of the Lot if this has been caused by the handling of it in a way which would not be permitted in a shop. If a refund is issued before Lot has been inspected and it is later discovered that the Buyer has mishandled the Lot, the Buyer must pay FOURNARIS AUCTIONS an appropriate amount.
6.7 Refunds will be made to the same method of payment used by the Buyer to purchase the Lot and will be completed:
6.7.1 if the Lot has been received by the Buyer, by the end of 14 days after:
6.7.1.1 the day on which FOURNARIS AUCTIONS receives the Lot back from the Buyer; or
6.7.1.2 the day on which the Buyer provides FOURNARIS AUCTIONS with evidence that the Lot has been sent back to FOURNARIS AUCTIONS; or
6.7.2 if the Lot has not been dispatched to the Buyer or if FOURNARIS AUCTIONS has offered to collect the Lot from the Buyer, by the end of 14 days after the day on which the Buyer informs FOURNARIS AUCTIONS of the decision to cancel the Contract.
6.8 If any of the Lot is returned because it is faulty or not as described, FOURNARIS AUCTIONS shall refund the price of the Lot together with applicable delivery charges incurred by the Buyer in returning the Lot to FOURNARIS AUCTIONS.
6.9 FOURNARIS AUCTIONS and the Seller (where applicable) is under a legal duty to supply Consumers with goods that are in conformity with the Contract. Consumers have legal rights in relation to goods that are faulty or not as described. These legal rights are not affected by anything in these Remote Auction Terms or the General Auction Terms.
7. CONTACT FOURNARIS AUCTIONS
7.1 For questions, comments or complaints, please contact FOURNARIS AUCTIONS using the details below:
Email: fournarisauctions@gmail.com
Call: +35799088794 or 99630694
Last updated: 5 Dcember 2022
