1. Introduction
Welwyn Auctions is located in Perth, Western Australia.
These Buyer Terms and Conditions ("Terms") govern participation in auctions conducted by Welwyn Auctions ("Welwyn", "we", "our", or "us"). By registering to bid, placing a bid, or purchasing any lot through our auction platform, you agree to be bound by these Terms.
Welwyn Auctions conducts monthly timed online auctions featuring antique, vintage, estate and contemporary jewellery, gemstones, watches, precious metal items and related objects.
All auctions are conducted in accordance with applicable Australian laws, including the Australian Consumer Law ("ACL") and relevant State and Territory legislation governing auctions and fair trading.
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2. Registration and Eligibility
2.1 To participate in an auction, bidders must create an account and register for bidding.
2.2 Welwyn reserves the right to:
• Refuse any registration;
• Request proof of identity;
• Suspend or terminate bidder accounts at its discretion; and
• Require a security deposit before approving bidding privileges.
2.3 By registering, bidders warrant that:
• They are at least 18 years of age;
• All information provided is accurate and complete; and
• They have the legal capacity to enter into binding contracts.
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3. Description of Lots
3.1 All lots offered for sale are examined by qualified gemmologists and assessed using industry-standard testing equipment.
3.2 Catalogue descriptions, photographs, estimates, gemstone identifications, metal assessments, dimensions and condition comments are provided as opinions only and are intended as guides.
3.3 While Welwyn takes reasonable care in preparing descriptions, no representation or warranty is made regarding:
• Authenticity;
• Provenance;
• Age;
• Origin;
• Attribution;
• Condition;
• Suitability for purpose;
• Future value; or
• Investment potential.
3.4 Images form part of the description but may not accurately represent size, colour or condition due to lighting, screen settings or photography limitations.
3.5 The absence of any reference to defects, damage, repairs, alterations, treatments, replacements, wear, restoration or condition issues in a catalogue description, condition report, photograph or verbal statement shall not imply that a lot is free from such defects or issues.
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4. Inspection and Viewing
4.1 Buyers are strongly encouraged to inspect lots before bidding.
4.2 Viewing opportunities include:
• Private video call appointments;
• Private in-person appointments on Wednesday and Thursday during auction week; and
• General public viewing from Friday through Sunday.
4.3 Additional condition reports may be available upon request.
4.4 It is the buyer's responsibility to satisfy themselves as to the condition, authenticity, quality and suitability of any lot before placing a bid.
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5. Nature of Auction Sales
5.1 All auctions are conducted on an "as is, where is" basis.
5.2 Except where rights cannot legally be excluded under the Australian Consumer Law, all lots are sold without warranties or guarantees.
5.3 Buyers acknowledge that:
• Antique, vintage and estate jewellery may display wear, repairs, alterations or replacements consistent with age and use;
• Gemstone identifications may be based on available testing methods and not all stones are accompanied by laboratory certificates;
• Estimates are provided as guides only and do not constitute valuations.
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6. Bidding
6.1 A bid constitutes a legally binding offer to purchase.
6.2 By placing a bid, the bidder agrees:
• To pay the hammer price;
• To pay the applicable Buyer's Premium;
• To pay GST where applicable; and
• To comply with these Terms.
6.3 The highest accepted bid at the close of the auction shall be the successful bid.
6.4 Welwyn reserves the right to:
• Reject any bid;
• Withdraw any lot;
• Re-offer any lot;
• Correct bidding errors;
• Resolve disputes regarding bidding; and
• Determine the successful bidder.
6.5 Any bid placed within the final moments of a timed auction may trigger an automatic extension of the closing time, allowing all bidders an opportunity to continue bidding.
6.6 The decision of Welwyn regarding bidding disputes shall be final.
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7. Buyer's Premium
7.1 A Buyer's Premium of 15% plus GST applies to all successful bids.
7.2 The total Buyer's Premium payable is 16.5% inclusive of GST.
7.3 The Buyer's Premium forms part of the purchase price and is payable in addition to the hammer price.
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8. Invoicing and Payment
8.1 Successful bidders will receive an invoice following the conclusion of the auction.
8.2 Full payment must be received within 48 hours of the auction closing.
8.3 Accepted payment methods include:
• Electronic Funds Transfer (EFT);
• EFTPOS;
• Mastercard;
• Visa; and
• American Express.
8.4 Payments made by Mastercard, Visa or American Express attract a surcharge of 1.5%.
8.5 Welwyn reserves the right to decline credit card payments or require alternative payment methods for high-value transactions.
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9. Late Payment
9.1 Invoices remaining unpaid four (4) days after the auction closes will incur an additional commission of 5% plus GST (5.5% inclusive).
9.2 If payment remains outstanding, Welwyn may:
• Suspend the buyer's account;
• Cancel the sale;
• Retain any deposit paid;
• Re-offer or resell the lot;
• Recover any resulting losses, costs and expenses from the buyer; and/or
• Commence debt recovery proceedings.
9.3 The defaulting buyer remains liable for any shortfall arising from a resale together with all reasonable recovery costs.
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10. Collection of Lots
10.1 Ownership of a lot does not pass to the buyer until full cleared payment has been received.
10.2 Lots will not be released until the invoice has been paid in full.
10.3 Collection is available Monday to Thursday between 9:30am and 4:30pm unless otherwise advised.
10.4 Buyers must arrange collection within the timeframe specified by Welwyn.
10.5 Government-issued identification may be required before collection.
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11. Storage Charges
11.1 Lots not collected within the specified collection period may incur storage fees of $10.00 per lot per day.
11.2 Storage charges apply regardless of whether bids were placed online, by absentee bid, telephone bid or any other method.
11.3 Storage fees continue to accrue until collection or other arrangements have been agreed in writing.
11.4 If lots remain uncollected for an extended period, Welwyn may, after providing reasonable notice, resell or otherwise dispose of the goods to recover outstanding amounts.
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12. Shipping and Delivery
12.1 Shipping may be available at the buyer's expense and risk.
12.2 Any shipping service arranged by Welwyn is provided solely as an agent for the buyer.
12.3 Risk passes to the buyer immediately upon collection by the carrier.
12.4 Welwyn is not responsible for delays, loss, theft or damage occurring during transit.
12.5 International buyers are responsible for all customs duties, taxes, permits and import requirements.
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13. Consumer Rights
13.1 Nothing in these Terms excludes, restricts or modifies any rights or remedies that cannot be excluded under the Australian Consumer Law.
13.2 Where a lot is sold by a business and consumer guarantees apply under the ACL, those guarantees will apply to the extent required by law.
13.3 Buyers acknowledge that many lots sold through Welwyn are second-hand goods, antiques, vintage items or estate property and may not be subject to all consumer guarantees available for new goods.
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14. Limitation of Liability
14.1 To the maximum extent permitted by law, Welwyn shall not be liable for:
• Indirect or consequential loss;
• Loss of profits;
• Loss of opportunity;
• Market fluctuations;
• Future valuation changes; or
• Reliance upon catalogue descriptions, estimates or opinions.
14.2 Any liability of Welwyn arising from the sale of a lot shall not exceed the purchase price paid by the buyer for that lot.
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15. Privacy
15.1 Welwyn collects and stores personal information for the purposes of conducting auctions, administering bidder accounts and complying with legal obligations.
15.2 Personal information will be handled in accordance with applicable Australian privacy legislation and Welwyn's General Use terms.
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16. Governing Law
16.1 These Terms are governed by the laws of Western Australia.
16.2 Any dispute arising in connection with these Terms or any auction shall be subject to the exclusive jurisdiction of the courts of Western Australia.
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17. Acceptance of Terms
By registering to bid, placing a bid, or participating in any Welwyn auction, the bidder acknowledges that they have read, understood and agreed to these Buyer Terms and Conditions.
