Terms & Conditions

1. Definitions

1. When used in these Conditions, the following terms shall have the following meanings:

1.2. Purchase: A public or private sale in which Goods belonging to the Seller are sold to a buyer;

1.3. Seller: Browse-a-while Ltd trading as and hereafter referred to in these Terms and Conditions as Browse-a-while Antiques & Collectables (including their employees and agents and any person to whom conduct of the sale is delegated);

1.4. Buyer: a person who buys items from Browse-a-while Antiques & Collectables;

1.5. Goods: any item (or number of items) offered for sale by the Seller;

1.6. Overseas Purchaser: A Buyer whose residence is outside the UK;

1.7. VAT: Value Added Tax at [the current rate] of the item price, unless otherwise indicated;

1.8. Condition: Information provided in the item listing or additional information supplied at the request of a buyer or prospective buyer;

1.9. Shipping: The method used to collect, post, deliver, remove or otherwise deliver an item to the successful buyer.

1.10. Written Notice: Will be given either, in a letter to the address registered with the Browse-a-while Antiques & Collectables or in an email sent to the email address provided by the buyer to Browse-a-while Antiques & Collectables. Where written notice is required, it will be deemed as being given at the point of posting the letter or sending the e-mail.

1.11. References to a ‘person’ in these Conditions shall (where the context requires) include a natural person, corporate or unincorporated body (whether or not having a separate legal personality) and that person’s successors and permitted assigns.

2. The Seller’s Instructions and Warranties

2.1 The Seller warrants that: –

(a) they have the full unencumbered legal title and express authority to sell the Goods.

(b) the description and content of the information listed relating to any Goods is accurate and not deliberately or negligently misleading.

(c) Viewing the goods can be facilitated and is encouraged, and the buyer should take actions to satisfy themselves through physically viewing and/or making the necessary additional enquiries that they are happy to buy with the information they have prior to buying. Viewing can be facilitated either physically or virtually using the internet. Viewing is by appointment only.

2.2. Any request for additional information on a item must come via email.

3. After the Sale

3.1. Where Browse-a-while Antiques & Collectables declare the sale completed, the Buyer shall immediately arrange to pay the full value of the purchase plus any additional costs in shipping or storing the item.

3.2. Payment for a purchased item and shipping can be made to Browse-a-while Antiques & Collectables by way of direct payment into the nominated bank account of Browse-a-while Antiques & Collectables (BACS Transfer) or by Debit Card using our telephone payment card reader.

3.3. Payments shall be in pounds sterling (£) (unless otherwise indicated).

3.4. All prices are exclusive of VAT or other applicable taxes, delivery charges and insurance unless otherwise indicated by Browse-a-while Antiques & Collectables

3.5. Failure by the Buyer to pay for the items purchased will result in the item continuing to be offered for sale.

3.6. If the Buyer fails to make any payment due to Browse-a-while Antiques & Collectables by the due date for payment, then, without limiting Browse-a-while Antiques & Collectables remedies under these Conditions, the Buyer shall:

3.6.1. be contacted by Browse-a-while Antiques & Collectables by email and telephone;

3.6.2. pay storage charges for the item at £5 per item per day (more substantial items such as cars, plant, machinery or with a value over £10,000 shall be charged at £50 per item per day);

3.6.3. be responsible for paying any transportation costs of the item, this includes any charges connected with returning the item back to the Seller;

3.6.4. pay interest on the overdue amount at the rate of 8% per annum above the Bank of England’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Buyer shall pay the interest together with the overdue amount.

3.7. Until the Buyer has complied with clause 3.1. above: –

(a) title to any item shall not pass to the Buyer;

(b) the item shall be at the Buyer’s risk;

(c) Browse-a-while Antiques & Collectables shall have a lien over any item purchased by the Buyer; and

(d) if the Buyer effects or purports to affect a resale or any other disposition of all or part of the item, the Buyer shall hold the proceeds of resale or other disposition on trust for Browse-a-while Antiques & Collectables.

3.8. On written request by Browse-a-while Antiques & Collectables shall provide a VAT invoice in a proper form, if appropriate.

4. Removal of Items Purchased

4.1. The Buyer may not remove their item until cleared funds are received from the Buyer.

4.2. When removing any item, the Buyer: –

(a) is responsible for detaching any item fixed to land and must do so safely and lawfully and must not use flame cutters, explosives or any other dangerous equipment or process without previous written permission signed by or on behalf of Browse-a-while Antiques & Collectables; a written Health and Safety plan with method statement may be required.

(b) must use safe and lawful means of removing the item;

(c) shall indemnify the Seller against any loss damage legal or other expenses and any claim arising from the detaching of the item or its removal; and

(d) shall have adequate insurance in respect of such indemnity and shall on request produce to Browse-a-while Antiques & Collectables a receipt for the last premium due or other sufficient evidence that such insurance has been affected and remains in force.

4.3. Browse-a-while Antiques & Collectables reserves the right to stop the removal of any item if in their sole discretion, they do not believe the item is being moved in accordance with any of the above clauses.

4.4. It is the Buyers sole responsibility to arrange for collection or delivery of the items.

4.5. Items will not be released, even when purchased, if there is an outstanding invoice, in this or another sale.

4.6. Once an item is removed from the Seller’s location by the Buyer or a third party on their behalf, then it is deemed to be acceptable and correct. If in doubt, then the Buyer is advised not to remove the item and inform Browse-a-while Antiques & Collectables immediately to seek a resolution of the case at the earliest convenience.

4.7. Any issues relating to an item should be taken up with the vendor at the point of collection.

5. Overseas purchasers

5.1. If the Buyer is an Overseas Purchaser, they must advise of their intentions to export the item immediately and notify Browse-a-while Antiques & Collectables by email: Browse-a-while@browse-a-while.com

5.2. It is the Buyers’ responsibility to ensure that:

(a) the country to which the Goods are destined to got to have no import restrictions on the Goods that they have purchased;

(b) the country has no import licence restrictions or a restriction on currency allocation;

(c) the country has no prolonged inspection procedure, which might cause excessive delay in allowing the Goods to be imported;

(d) they employ a reputable freight-forwarding organisation;

(e) the buyer is responsible for any Export or Import Taxes, Excise Duties, VAT or any other financial responsibilities associated with export and import of items and

(e) the Buyer has read and agreed with these Conditions.

5.3. If there are any special arrangements that the Buyer wishes to make with Browse-a-while Antiques & Collectables, the Buyer must contact Browse-a-while Antiques & Collectables at least three business days before a purchase takes place.

6. Default by the Buyer

6.1. If at any time the Buyer fails to pay any of the sums under these Conditions when they fall due or to remove any item Browse-a-while Antiques & Collectables may rescind the sale of that item, in which case any deposit shall be forfeited, and that item may be resold.

6.2. If Browse-a-while Antiques & Collectables has rescinded the sale and the item has been resold, the Buyer shall make good any deficiency, namely: –

(a) the sale price less the resale price; and/or

(b) the costs of and costs incidental to the resale of the item.

6.3. If at any time the Buyer in any way breaches or defaults under any of these Conditions, Browse-a-while Antiques & Collectables reserves the right (without prejudice to any other rights) to issue proceedings 28 days after the Buyer’s initial default or breach of these terms. Browse-a-while Antiques & Collectables claim shall include, but not limited to, any loss of earnings (buyers commission), any administration charges, any storage charges and any legal fees associated with the Buyer’s breach or default (all amounts will exclude VAT).

6.4. Buyers who submit charge backs after non-payment of an invoice will be charged the following

(a) Administrative charge of £250 plus VAT to defend the charge back.

(b) Storage charges will start immediately the Charge Back notification is received from our bank for a minimum of 28 days at a rate of £50 per item per day, plus Vat. We will also look to recover all of our premium.

(c) All Chargebacks will be pursued through the courts.

7. Waiver

7.1. No failure or delay by Browse-a-while Antiques & Collectables to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy by Browse-a-while Antiques & Collectables shall prevent or restrict the further exercise of that or any other right or remedy.

8. Jurisdiction

8.1. These Conditions shall be governed by and construed in accordance with the laws of England and Wales.

9. General Conditions

9.1. Our telephone calls may be recorded. We reserve the right to use them as evidence in the event of a dispute.