Tophat Auctions started in 2024, to help customers utilise the internet to help free up storage space and increase cashflow by holding timed online auctions. 

We work with customers and companies that wish to hold timed online auctions for 500 LOTs or more. There is no requirement to move all the items to a central location, wherever the stock is located now, is the central location. Hence reducing the time and effort required to begin to free up the space and earn additional money from stock you may have held for longer than you wanted.

Important Information

STANDARD CONDITIONS OF SALE

Please read our information for Buyers and Sellers for full details, including invoicing, payment and collection.

The following Conditions of Sale shall govern the sale of each LOT and any person making a successful bid shall be deemed to be bound thereby.

1. Definitions. 

In these Conditions Tophat Auctions act only as Auctioneers and Agents and the representative of Tophat Auction conducting the auction is called “the Auctioneer”.

2. General. 

Whilst the Auctioneer makes every effort to ensure the accuracy of their catalogues and the description of any LOT:

a) Each LOT as set out in the catalogue are sold by the Seller with all faults, imperfections and errors of description. All items are offered for sale as viewed and are sold as seen. The Auctioneer does not take responsibility for origin or estimated price. All sales are final, and no refunds are given. The Auctioneer does not accept responsibility for the authenticity, attribution, genuineness, origin, authorship, date, age, period, condition or quality of any LOT unless they have been instructed in writing by the buyer to so certify.

b) The Auctioneer undertakes that care has been taken to see that descriptions are accurate and reliable, but these are necessarily matters of opinion only and shall not be taken to be statements of fact. 

c) All LOTs are sold as seen and are likely to have been subject to wear and tear caused by use or the effects of age and may, therefore, have faults and imperfections.

d) All auction estimates and descriptions are subject to revision at any point up until sale.

e) Viewing of LOTs can be arranged by contacting the Auctioneer, who will pass the details onto the Seller.

f) The minimum number of LOTs required for an auction to be run is 500.

g) Goods denoted by ** in the description are also liable to an additional 20% VAT on the hammer price.

3. Condition Reports.

Condition reports, additional images and videos are available on request. The absence of a report on the website does not imply that a LOT is without imperfections. Condition reports are provided on the understanding that they are carried out to the best of the Seller’s ability and that these reports refer solely to the condition, not the age or attribution, of a LOT. Books are sold as seen and are not guaranteed to be complete. Condition reports should in no case be considered a replacement for viewing in person or a service for which we accept any liability whatsoever.

4. Liabilities and Indemnities.

a) The Auctioneer warrants that they believe that the Seller of each LOT is able to pass good title and if the Seller is not able to do so, the Auctioneer shall use their reasonable endeavours to assist the Buyer in obtaining good title and in pursuing any remedies the Buyer may have against the Seller but the Auctioneer shall not be bound to initiate litigation and shall not be under any other obligation to the Buyer.

b) The Auctioneer neither has, nor professes any, expert or other knowledge of any LOT sold and each LOT is sold as seen with all faults and errors or mistakes of description and all written or oral representations as to description, quality or fitness are excluded. The Buyer shall be deemed to have inspected the LOT they buy and if they buy without so doing they shall do so at their own risk.

5. The Auction.

a) The Auctioneer offers each LOT as agent of the Seller unless otherwise stated in the catalogue or at the time of sale.

b) The Buyer shall be the person who made the highest bid before the fall of the hammer, who enters into a legally binding contract under the Sale of Goods Act 1979. If during the auction the Auctioneer considers that a dispute has arisen, they have absolute discretion to settle it.

c) Sellers are entitled to place a reserve on their LOTs. If no reserve has been received prior to the day of sale, the LOT will be sold without reserve. Reserves must be confirmed in writing or notified on the receipt at the time of delivery.

d) If catalogued LOTs are withdrawn prior to auction taking the number of auction LOTs below the minimum number of auction LOTs, the Auctioneer reserves the right not to run the auction.

f) Bids are in GBP and must be whole pounds (no pence).

6. Buyers Fees.

The Auctioneers buyer’s premium is charged on top of the hammer price, this is 20% (Inc VAT). This covers the additional costs for the Saleroom. If applicable there may be added VAT for other categorised goods.

7. Invoicing and payment.

Invoices will be emailed to successful Buyers as soon as possible following the completion of the auction. Your invoice will have the bank details for payment by bank transfer. Payment is expected within 5 days of the auction completing.

The title to any LOT bought shall not pass to the Buyer until full and final payment has been received.

8. Collection/Postage.

All LOTs must be paid for prior to collection or postage being arranged. Once payment has been confirmed the Auctioneer will advise the Seller. The Seller will contact the Buyer to organise the collection or postage, further costs will be agreed between the buyer and seller. 

Postage and packing are only available for selected items. These will be advised within the description of the LOT.

All purchases must be collected within a reasonable amount of time following the auction. This will be agreed between the Seller and the Auctioneer.

If the Buyer fails to collect the LOT within the time specified, the Auctioneer will deem the LOT to be abandoned, and withdraw the LOT from the auction.

Any monies paid by the Buyer will be returned in full.

9. Rescission. 

Notwithstanding any other terms of these conditions, if within seven days after the sale the Auctioneer, having received from the Buyer of any LOT, in writing, that in their view the LOT is a deliberate forgery and within fourteen days after such notification the buyer returns the same in the same condition as at the time of the sale and by producing evidence, the burden of proof to be upon the buyer. The Auctioneer once considered in the light of the entry in the catalogue, the LOT is a deliberate forgery then the sale of the LOT will be rescinded and the purchase price of the same refunded. The Seller agrees to be bound by the Auctioneers decision.

10. Settlement of Payment – Seller.

The Auctioneer acts only as agent for the Seller. Payment to the Seller will occur, at the stage when full payment has been received from the Buyer, and confirmation has been received that the LOTs bought have been collected or received by the Buyer. These payments are made once a week. 

11. Default. 

The Auctioneer disclaims responsibility for default by either the Buyer or the Seller because they act as Auctioneers only and therefore, do not pay out to the Seller until payment is received from the Buyer.