TERMS OF CONDITIONS - BUYERS
By registering and participating in any auction conducted by Michael's Antiques, Collectables and Décor (Pty) Ltd, you (the "Buyer") agree to be bound by the following Terms and Conditions of Sale. These terms are legally binding and enforceable under South African law.
1. Ownership of Goods
Ownership of all goods sold at auction shall, at all times, remain vested with Michael's Antiques, Collectables and Décor (Pty) Ltd, until full payment of the purchase price, including any applicable fees and charges, has been received and cleared in the Company’s designated bank account.
2. Delivery and Availability
If Michael's Antiques, Collectables and Décor (Pty) Ltd is unable to effect delivery of any part of the goods on the stipulated date or time (whether set by the Company or requested by the Buyer), the Buyer shall accept delivery as and when the Company can reasonably make the goods available. The Company shall not be held liable for any delays caused by factors beyond its control.
3. Storage and Postponement of Delivery
Should the Buyer request the Company to withhold or postpone delivery of purchased goods, and such request is agreed to by the Company in writing, Michael's Antiques, Collectables and Décor (Pty) Ltd reserves the right to charge storage fees at the prevailing rates. The Buyer agrees to pay all such fees before goods will be released.
4. Collection Policy
All goods must be collected within 14 (fourteen) calendar days from the date of purchase. Failure to collect goods within this time frame will result in the goods being donated to charity at the discretion of the Company. The Company accepts no responsibility for any goods not collected within this period.
5. Bidding Obligations
By placing a bid, the Buyer acknowledges and accepts that their bid is legally binding. If the bid is successful, the Buyer is obligated to complete the purchase. Any Buyer who fails to honor their bids without valid cause will be permanently blocked from all future auctions and may be subject to further legal action at the discretion of the Company.
6. Payment Terms
Full payment must be made within 24 (twenty-four) hours of receiving the invoice. If payment is not received within this time:
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The invoice will be cancelled,
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The Buyer will be blocked from participating in future auctions,
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The item(s) will be resold at the Company’s discretion.
Buyers with any overdue invoices will not be permitted to participate in the next auction.
No excuses or extensions will be accepted unless agreed to in writing prior to the expiry of the payment period.
7. Right of Admission
Michael's Antiques, Collectables and Décor (Pty) Ltd reserves the right of admission and participation in all auctions. The Company may, at its sole discretion, refuse or terminate the registration or bidding rights of any individual at any time, for any reason, without notice.
8. General Provisions
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All items are sold "voetstoots" (as-is), with no guarantees unless explicitly stated otherwise.
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The Buyer accepts that descriptions and images of goods are provided to the best of the Company’s ability but may contain errors or omissions. It is the Buyer’s responsibility to inspect goods before bidding.
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No refunds or returns will be accepted once goods are collected or delivered, except where required under the Consumer Protection Act, 2008.
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All transactions are governed by the laws of the Republic of South Africa, and any disputes shall be subject to the jurisdiction of the courts in South Africa.
TERMS OF CONDITIONS - SELLERS
1. DEFINITIONS
1.1 'Company' refers to Michael’s Antiques, Collectables and Decor (Pty) Ltd.
1.2 'Seller' refers to the individual or entity placing items on consignment.
1.3 'Item(s)' refers to any goods accepted by the Company for sale on behalf of the Seller.
1.4 'Consignment Period' refers to the duration agreed upon for which the items will remain available for sale.
2. CONSIGNMENT PROCESS
2.1 The Seller must provide accurate descriptions and disclose any defects or restorations of items.
2.2 The Company reserves the right to accept or decline any items at its sole discretion.
2.3 Upon acceptance, items will be catalogued, photographed, and listed for sale online and/or in-store.
2.4 The Seller must provide copy of ID as required by South African law.
3. PRICING AND COMMISSION
3.1 Selling prices will be determined by mutual agreement between the Seller and the Company.
3.2 The Company will charge a commission of 17.5% (including VAT) on the final selling price of each item sold.
3.3 Additional costs such as restoration, cleaning, or marketing may be deducted with prior written consent from the Seller.
3.4 The Company reserves the right to adjust prices in consultation with the Seller if market conditions require.
4. PAYMENT TO SELLER
4.1 Payment will be made to the Seller within 14 business days after the buyer’s full payment has been received and cleared by the Company.
4.2 The Company will not be able to make payment to the Seller until the buyer has paid in full.
4.3 Payments will be made via EFT to the Seller’s nominated bank account.
4.4 The Seller will receive a statement detailing the sale price, commission deducted, and net amount payable.
5. UNSOLD ITEMS
5.1 If items remain unsold after the agreed consignment period, the Seller will be notified.
5.2 The Seller must collect unsold items within 14 days of notification unless an extension is agreed upon in writing.
5.3 Items not collected within 30 days may, at the Company’s discretion, become property of the Company or be donated.
6. LIABILITY AND INSURANCE
6.1 While all reasonable care will be taken, the Company will not be held liable for loss, theft, or damage to items due to circumstances beyond its control.
6.2 The Seller is encouraged to maintain personal insurance on high-value items.
7. TERMINATION
7.1 Either party may terminate this agreement with written notice.
7.2 Upon termination, any unsold items must be collected within the timeframe specified by the Company.
8. GENERAL
8.1 These Terms and Conditions constitute the entire agreement between the Company and the Seller.
8.2 Any amendments must be made in writing and signed by both parties.
8.3 This agreement is governed by the laws of the Republic of South Africa.
