Round Brilliant Cut Diamond 5.00 Carat D Colour VS2 Clarity EX, EX - IGI Certificate

Terms and conditions of H&F International Limited (company number 12831626 )

1. Our Auction Services

We provide online auction facility services through which you can bid for lots provided by third parties (the lots being auctioned are not ours). All auctions take place online.

We act as an auctioneer and as an agent of the seller of the auctioned lots. We are not responsible for any default by the seller.

It is important that you read and understand these terms before using our services. By accessing or using our services, you agree to be legally bound by these terms, as they may be modified from time to time.

We reserve the right to change these terms at any time. Amendments will take effect when posted on our website. By continuing to use our services, you agree to be bound by any amended terms.

1. Registration and Qualification to Use the Services

1. We only provide our services to businesses and not to consumers. Accordingly, by registering with us and by continuing to use our services, you confirm that you are doing so in a business capacity only. If an individual registers as a business when they are not one, this will be considered fraud and misrepresentation, which may lead to legal action.
2. Before making a bid, you will need to register with us by completing the registration form on our homepage and submitting it to us. By registering, you are making a statement, upon which we are entitled to rely, that you are aged 18 years or older and capable of forming a legally binding contract on behalf of your business. When registering with us on behalf of your business, you warrant that you have the authority to enter into these terms and any contracts entered into as a result of these terms on behalf of that business. By registering with us, that business agrees to be bound by these terms and any contracts entered into as a result of them.
3. You are responsible for ensuring that any registration details you provide us are kept up to date, and you confirm that you will advise us of any changes in your registration details as soon as possible.
4. On occasion, certain businesses may be refused access to our services or have their registrations rejected. Such suspensions and rejections shall be at our sole discretion.
5. Every bidder shall be deemed to act as a principal unless there is a written acknowledgment by us that the bidder acts as an agent on behalf of a named principal.

2. Information You Provide

You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to use any information you provide to us or other users of our services, for example, during the registration or bidding process, and for legitimate business purposes, such as running a credit check on you or your business. Such information shall be accurate and complete, shall not infringe any third party’s rights, shall not contain any viruses or other malicious computer programming routines, and shall not link to any other websites. You also warrant that you have permission to provide the information you submit to us.

Section 3: Security

You are solely responsible in all respects for all use of and for protecting the confidentiality of any email verification number and password which may be given to or selected by you for use on our site, iBidder, BidSpotter, Live Auctioneers, Lotissimo, and The Salesroom. You may not share these with or transfer them to any third parties.

Section 4: Availability of Site

We cannot guarantee that our website will operate continuously or without faults or interruptions or that it will be error-free (and we do not warrant the content of our website, including but not limited to third-party content). We exclude all liability in that regard to the fullest extent permissible by law. This could affect bidding or other aspects of an auction or sale.

Section 5: General Rules Governing Bidding and Buying

1. All bids must be placed through iBidder, BidSpotter, The Salesroom, Lotissimo, and Live Auctioneers. Direct bids to us will not be accepted. A bid is considered placed once received by us from these platforms, and we will assume all bids are genuine. Once made, bids may not be retracted without our consent.
2. We do not accept any liability for failures by iBidder, BidSpotter, The Salesroom, Lotissimo, or Live Auctioneers to provide us with accurate information regarding bids, bidders, or bid status. We are also not responsible for any inaccuracies, faults, or unavailability of these platforms.
3. We reserve the right, at our sole discretion, to refuse any bid. If your bid is refused, we will notify you and the respective platform.
4. Each auction will have a start and an end time. Bids will not be accepted after the end time. The end time may be adjusted at our discretion.
5. If you are the highest bidder after an auction ends, you must complete the transaction. Any bid-related disputes shall be resolved at our sole discretion, and we are not obligated to provide reasons for our decisions.
6. Some lots may have a reserve price, which will be indicated on the auction page. If the reserve price is not met, the seller is not obligated to sell the lot. If your bid meets or exceeds the reserve price, the transaction must be completed in accordance with these terms.
7. By placing a bid, you confirm that you have the legal right to make the bid and enter into a transaction. A bid may form a legally binding contract for the purchase of a lot. Do not place a bid unless you intend to fulfill the terms of the transaction.
8. If a bid is placed using your account details, we will assume it was placed by you. It is your responsibility to keep your account details secure.
9. If you place the highest bid that meets or exceeds a reserve price at the auction's end, a contract of sale is formed between you and the seller.
10. Any contract for the purchase of a lot is made directly between you and the seller. We are not a party to, nor do we have any liability under, the sale contract. The relevant terms of this agreement, including but not limited to clauses 9.2 and 11, apply to the sale. Section 12 of the Sale of Goods Act 1979 shall be incorporated into the contract.
11. Copies of the Auctions (Bidding Agreements) Acts 1927 and 1969 are available at our place of business.
12. We reserve the right to suspend, cancel, or extend an auction at any time at our discretion.
13. We may request a deposit of £300 from you after placing a bid. If your bid is successful, the deposit will be deducted from the final amount owed. If your bid is unsuccessful, we will return your deposit in full within 48 hours unless instructed otherwise via email.
14. iBidder, BidSpotter, The Salesroom, Lotissimo, and Live Auctioneers will notify you about the status of your bid, including whether a higher bid has been placed. If you win, these platforms will notify you, and we will contact you with an invoice and collection details.
15. Title to the purchased lot does not pass to you until full payment is made in accordance with clause 10 and collection is completed per clause 11. Until then, the lot remains the property of the seller.

Section 6: Timing of the Auction and Inspection

1. Unless stated otherwise for a specific auction, vehicle auctions will usually run from Tuesday to Tuesday, with daily extensions for vehicle lots. Diamond and jewellery sales will typically run from Wednesday to Wednesday, with no extensions beyond that Wednesday.
2. You may physically inspect a lot that is up for auction, provided it is on-site and you have contacted us to schedule an appointment. The scope of the inspection is limited and will be at our discretion. Unless we provide consent, inspections may not take place within 48 hours of an auction ending. If a lot is "in transit," you may request an inspection report.

Section 7: Status of Lots and Grading

1. Any reference to the age of a lot in its particulars refers to the year of first registration in the United Kingdom. If the lot was registered outside the United Kingdom more than five years before its first UK registration, the age will be based on the first registration outside the UK.
2. All lots are sold in their current state and condition at the point of sale, with all faults, imperfections, and errors in description. Illustrations on our website and iBidder, BidSpotter, The Salesroom, Lotissimo, and Live Auctioneers are for identification only. We do not guarantee the accuracy of photographs or illustrations. Bidders should inspect each lot prior to sale and rely on their own judgment.
3. Neither we, the seller, nor our agents accept responsibility for errors in description or the authenticity of any lot. No warranties are provided beyond what is explicitly stated. Any express or implied conditions or warranties (statutory or otherwise) regarding the lot’s condition are excluded.
4. If we are aware of issues such as mechanical faults, we may list them alongside the vehicle description. However, we do not guarantee that all faults will be listed, nor do we warrant the accuracy of any comments made.
5. We may list mileage or operating hours of a lot, but we do not warrant their accuracy. Bidders should inspect the vehicle themselves before bidding.
6. Lots will be assigned one of the following grades, but we accept no responsibility for the accuracy of these descriptions. Bidders should inspect the lot before bidding.
• Grade 1: No dashboard warning lights illuminated, no known faults from a test drive (up to 15 mph), no visible leaks, gearbox selects all gears, clutch functions, and the vehicle runs and drives. Status: Runner.
• Grade 2: Vehicles exceeding 100,000 miles or over three years old automatically fall under this category. The vehicle may have dashboard warning lights, mechanical faults, oil leaks, or electrical issues. A test drive (up to 15 mph) may reveal minor or major faults. Status: Runner.
• Grade 3: Major mechanical faults in the engine, gearbox, or clutch. The vehicle must be transported by trailer or recovery service. Status: Non-Runner (if the vehicle starts but has a fault preventing it from driving, it will be listed as a Runner but not roadworthy).
• Grade 0 (Imported Vehicles): Imported lots may have faults in the engine, gearbox, drivetrain, braking system, or electrical system. These vehicles are not UK-registered and are deemed non-roadworthy regardless of condition. Viewings are strongly recommended.

7. Mileage/Kilometres Classification:

• Verified: No odometer discrepancies detected.
• Unverified: Odometer discrepancy detected or tampering suspected.
• Unverified (Import): Significant discrepancies due to odometer changes.

8. HPI Reports (UK Vehicle Lots):

• If a vehicle has no history of accident damage, no remarks will be listed.
• If a vehicle has accident damage history, it will be categorized (e.g., Cat B, Cat C, Cat D, Cat N, Cat S) under auctioneer remarks.

9. Carfax Reports (US/Canadian Imports):

• Carfax reports are provided when available but cannot be warranted due to variations in reporting between the US and Canada. All imported vehicles should be assumed to have potential accident history and unverified mileage.

10. Jewellery, Diamonds & Watches Descriptions & Grades:

• Jewellery Grades:
• New Condition
• Used Condition
• Broken Condition
• Diamond Grades:
• Natural Diamonds: Clarity (VS2 to FL), Colour (D to M), including clarity-enhanced or HPHT-treated diamonds.
• Lab-Grown Diamonds: Clearly marked as lab-grown with full certification.
• Watches Grades:
• New Condition
• Used Condition (minor wear, no missing diamonds, fully functional).

11. Assessments:

• Auctioneer assessments are for guidance only. Bidders should conduct their own due diligence.

12. Lot Collection Details:

• On-Site: Available for immediate collection after full payment.
• In Transit: May take up to 30 working days for collection.
• Imported Lots: May take up to 90 working days for collection.

13. Example Photos:

• If an auctioneer has stated that example photos are being used, bidders are strongly advised to contact us or book a viewing appointment before placing a bid.
• Example photos are not to be taken as actual images of the lot.

Section 8: Payment and Fees

1. If you have been successful in purchasing a lot in an auction, we will provide you with an invoice for the lot by email within 30 minutes of the end of the auction.
2. Unless otherwise stated, all invoices must be paid in full in cleared funds within 48 hours of the invoice being emailed to you, or before you collect the lot/arrange for delivery, whichever is earlier.
3. Payments must be made by BACS (no other form of payment will be accepted) to the account detailed below:
• Account Holder: H&F International Limited
• Bank: HSBC
• Account Number: 61873024
• Sort Code: 40-16-10
• IBAN: GB92HBUK40161061873024
• SWIFT Code: HBUKGB4124D

4. Buyer's Premium:

• Vehicle Sales: 20% + VAT
• Jewellery & Diamond Sales: 15% + VAT

5. VAT will be charged on the purchase price for lots that state "VAT Status + VAT @ 20%."

• To view these charges on the bidding platform on iBidder, BidSpotter, The Salesroom, Lotissimo, and Live Auctioneers, please view the "Additional Charges" tab.

6. If your bid is successful and you subsequently wish to cancel the contract, cancellation can only take place with written agreement from both us and the seller. If a contract is cancelled, the buyer will be charged the full buyer’s premium on each lot as a cancellation fee.
7. If your bid is successful and you fail to collect the lot or arrange for delivery, we will charge a storage fee of £50 + VAT per day and a one-off administration fee of £75 + VAT. Storage fees will be invoiced accordingly.
8. If you fail to make payment by the due date, interest on the overdue sum will be charged from the due date until payment, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 (as amended). The interest rate is 3% per day + VAT, calculated on both the hammer price and the buyer’s premium (excluding VAT). Late payment fees will not exceed 14 days. An additional one-off administration charge of £75 + VAT applies at the start of late payment fees or storage charges.
9. All vehicle lots carry a £295 + VAT administration and handling charge per lot.
10. All diamond and jewellery lots carry a £150 + VAT administration and handling charge per lot.

Section 9: Collection and Delivery

1. You shall, at your own expense, collect the lot purchased (either personally or via a delivery company) no later than five working days after the end of the auction (a working day being a day other than a Saturday, Sunday, or public holiday in England when banks in London are open for business). Collection is subject to full payment of the purchase price and any other outstanding amounts owed. Failure to collect within the specified time may result in additional removal, storage, and insurance charges. Time for collection is of the essence.
2. You are responsible for any loss or damage to the purchased vehicle lot from the moment the auction ends. Neither we nor our agents shall be responsible for any loss or damage, whether caused by negligence or otherwise, while the vehicle is in our custody. We strongly recommend arranging appropriate insurance coverage, including for mechanical issues that may develop while the vehicle lot is on site.
3. We can arrange delivery of a purchased vehicle lot. Please contact us directly to arrange delivery. Delivery charges will be invoiced separately and must be agreed upon before dispatch. The charge varies depending on the delivery address. Any delivery contract will be between you and the delivery company, and neither we nor the seller will be liable for any damages caused during transport.
4. You are responsible for ensuring compliance with all legal requirements for the construction and use of any purchased vehicle, including obtaining necessary certificates, permits, or authorizations before using the vehicle on any road.
5. Collection is by appointment only. You must present proof of payment and wear a high-visibility jacket upon arrival. While on site, you must comply with all health and safety procedures and follow any directions from our staff or agents.
6. If a vehicle is unroadworthy or lacks proper documentation for legal road use, you must not remove it from the collection point until these matters are resolved. It is your responsibility to ensure the vehicle is roadworthy before leaving the premises.
7. If a lot is not paid for in full or collected within the required timeframe, or if there is any breach of these terms, we reserve the right to take the following actions at our discretion:
1. Pursue damages for breach of contract, including legal proceedings for recovery of monies owed (you may also be liable for legal fees).
1. Issue a statutory demand for unpaid amounts, giving you 21 days to pay before bankruptcy proceedings are initiated against both your personal and business name.
1. Rescind the sale of that or any other lot purchased by you.
1. Resell the lot via public auction or private sale, with any resulting deficiency in price (plus commissions and costs) payable by you.
1. Remove, store, and insure the vehicle at your expense.
1. Charge interest on overdue payments at 3% + VAT per day.
1. Retain any lot purchased by you at any auction until full payment is received.
1. Reject or ignore any bids placed by you at future auctions.
1. Apply proceeds of any sale due to you towards outstanding amounts owed.
1. H&F International Limited reserves the right to withhold any lot paid for in full if the bidder owes money to any other auction house listing through i-Bidder, BidSpotter, The Salesroom, Lotissimo, or LiveAuctioneers. We reserve the right to refuse such requests at our discretion.

For further details, refer to the relevant numbered sections above.

Section 10: Personal Registration Plates

Some vehicle lots for auction may have a personal registration plate. If the personal registration plate is not included in the sale, this will be clearly stated on the auction page for the vehicle. Additionally, any extra charges incurred for removing the personal registration plate will also be specified on the auction page.

Section 11: Contacting Us

You can contact us at the following:

Postal Address / Collection Address
(This is where any vehicles will be unless stated otherwise):
69 Station Road, Station House, Station Yard, Fordham, CB7 5LW

Email Address: auctioninfo@hfinternationalltd.com
Telephone Number: 01638 453300

Legal Correspondence Address:
All legal matters or correspondence should be directed to:
H&F International Limited
Albany House
Temple Court
Temple Way
Coleshill
Warwickshire
B46 1HH

Section 12: Privacy Policy

We take privacy issues seriously. Our current privacy policy governs our use of any information you provide. By using our services, you acknowledge and agree to be bound by the terms of our privacy policy, which can be found here:

1. Termination

We reserve the right, at our sole discretion, to issue a warning, temporary suspension, or indefinite suspension and termination of your right to use our services if you:

• Act inconsistently and in breach of these terms;
• Violate or attempt to violate the rights of any other user of our services or a third party;
• Engage in any fraudulent activity; or
• Fail to make any payments due to us in accordance with these terms.

2. Compliance with Laws

You agree to comply with all applicable laws, statutes, and regulations concerning your use of our services.

3. Indemnity

You shall indemnify us against all liabilities, costs, expenses, damages, and losses suffered or incurred by us arising out of or in connection with any act, omission, or breach by you of these terms.

4. General Exclusions

• From time to time, our site may contain technical inaccuracies or typographical errors. We expressly exclude all liability for any such inaccuracies or errors.
• We cannot confirm whether any lot complies with applicable health and safety legislation.

5. Applicable Law

These terms (and any dispute, controversy, proceedings, or claim arising from them) shall be governed and interpreted in accordance with English law. The English courts shall have exclusive jurisdiction over any disputes.

6. Events Beyond Our Control

We will not be held in breach of these terms or liable for any delay in performance due to circumstances beyond our reasonable control, including but not limited to strikes, lockouts, system or network failures, floods, fires, explosions, or accidents.

7. Invalidity

If any part of these terms is deemed unenforceable (including any provision in which we exclude our liability), the enforceability of the remaining terms shall not be affected.

8. Call Recording Policy

All calls received by H&F International Limited are recorded for training, monitoring, and legal purposes. By entering into these terms and conditions, you agree that these recordings may be used in legal proceedings, including in a court of law. All recordings are stored securely in compliance with GDPR (Data Protection). We reserve the right to share recordings with a judge, our staff, or Auction Technology Group PLC for legal or monitoring purposes. If you do not agree to this, please do not enter into this contract or contact H&F International Limited for any reason.

Section 13: Limitation of Liability

1. References to liability in this section include all types of liability arising under or in connection with these terms, including but not limited to contract, tort (including negligence), misrepresentation, restitution, or any other legal grounds.
2. Nothing in these terms is intended to limit any statutory rights you may have under applicable local laws, nor does it exclude or limit our liability for fraud or for any death or personal injury resulting from our negligence.
3. Your payment obligations under these terms remain unaffected by this section.
4. To the fullest extent permitted by law, the terms and conditions implied by sections 13 to 15 of the Sale of Goods Act 1979 (as amended) and sections 3 to 5 of the Supply of Goods and Services Act 1982 (as amended) are excluded from these terms.
5. Subject to section 13.2, our total liability to you shall not exceed the purchase price of the vehicle in relation to which you have suffered a loss.
6. Subject to section 13.2, we exclude liability for the following types of loss:
• Loss of profits.
• Loss of sales or business.
• Loss of agreements or contracts.
• Loss of anticipated savings.
• Loss or corruption of software, data, or information.
• Loss of or damage to goodwill.
• Any indirect or consequential loss.

14. Waiver

No failure or delay in exercising any right or remedy provided under these terms or by law shall constitute a waiver of that or any other right or remedy. The partial exercise of any right or remedy shall not prevent further exercise of that or any other right or remedy.

15. Third Parties

These terms do not grant any rights under the Contracts (Rights of Third Parties) Act 1999 (as amended) for any third party to enforce any term of these terms.

16. Notices

If we need to notify you of anything in accordance with these terms, we will communicate with you via the email address you provide at registration (as updated by you from time to time). Such email notifications shall be deemed received at the time of transmission.

17. Interpretation

1. Clause headings do not affect the interpretation of these terms.
2. References to sections are to the sections of these terms.
3. Words in the singular include the plural, and vice versa.
4. Any obligation not to do something includes an obligation not to allow it to be done.
5. "Person" includes natural persons, corporate or unincorporated bodies.
6. References to a company include corporations or other legal entities.
7. Any words following "including," "include," "for example," or similar expressions shall be construed as illustrative and not limiting.
8. References to statutes or statutory provisions include amendments, extensions, and re-enactments, along with subordinate legislation in force.

18. Assignment

You shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over, or deal in any other manner with any of your rights and obligations under these terms.

19. Entire Agreement

These terms, together with any referenced documents, constitute the entire agreement between us and you, as well as between you and the seller. This agreement supersedes all prior agreements, warranties, representations, and understandings, whether written or oral, relating to its subject matter. Nothing in this section shall limit or exclude liability for fraud.