Sellers Terms & Conditions

Blooms Auction Ltd

1. Acceptance of these Terms

These Seller Terms and Conditions apply to all users who consign, list, or authorise items for sale through Blooms Auction.

By creating a seller account, consigning items, or authorising items for auction, you confirm that you have read, understood, and agree to be bound by these Terms.

No exceptions to these Terms apply unless expressly confirmed in writing by a Director of Blooms Auction.

2. Scope of Agreement and Consignments

These Seller Terms and Conditions set out the general terms under which Blooms Auction acts as agent for the sale of items consigned by sellers.

Specific details relating to individual consignments, including item descriptions, quantities, reserves, auction format, and any consignment-specific arrangements, may be agreed separately in writing or through Blooms Auction’s systems and shall form part of these Seller Terms and Conditions.

3. Role of Blooms Auction and Exclusive Agency

Blooms Auction acts solely as an agent in relation to the sale of items and is not the buyer or the seller of any item.

The seller appoints Blooms Auction as its exclusive agent for the purposes of marketing, offering for sale, selling, holding, and fulfilling consigned items for the duration of the consignment.

The contract of sale is formed directly between the seller and the buyer. Blooms Auction has no ownership interest in consigned items other than as agent for the purposes of sale, custody, and fulfilment.

4. Seller Eligibility and Account Classification

When creating an account, sellers must declare whether they are acting as a private individual or as a business seller. This declaration forms part of the seller’s agreement with Blooms Auction and cannot be changed by the seller at a later date.

If a seller wishes to act in both capacities, separate accounts must be created.

Blooms Auction reserves the right to reclassify a seller account where behaviour, selling activity, or other evidence contradicts the declaration made at registration

5. Identity Verification and Anti-Money Laundering

Blooms Auction may require sellers to verify their identity using its chosen identity verification partner. Identity verification may be required where sellers consign higher-value items, sell frequently, or where required by applicable anti-money laundering regulations, payment processors, banking partners, or insurers.

Where identity verification is required, seller proceeds will not be released until verification has been successfully completed.

Failure or refusal to complete required identity verification may result in delayed payment, cancellation of sales, suspension of listings, or termination of the seller’s account.

6. Authority to Sell and Ownership Warranties

By consigning items to Blooms Auction, the seller warrants that:

• They are the legal owner of the items or otherwise have full authority to sell them.
• The items are not stolen and are not subject to any lien, charge, or third-party claim.
• The sale of the items does not breach any applicable law or regulation.

Sellers acknowledge that Blooms Auction may retain items and or funds where ownership, authenticity, or legal entitlement is disputed

7. Item Custody and Fulfilment

All items must be consigned to Blooms Auction prior to auction. Sellers may not dispatch items directly to buyers.

Blooms Auction is responsible for dispatch or collection arrangements following a completed sale, subject to buyer payment and any applicable dispute or verification requirements.

Once an item has been accepted, catalogued, or otherwise prepared for auction, it may not be withdrawn, reclaimed, or removed from sale prior to the conclusion of the auction without the prior written consent of Blooms Auction.

Where Blooms Auction consents to the withdrawal of an item, it may charge a reasonable fee to cover costs incurred in connection with cataloguing, marketing, administration, or preparation for sale.

8. Item Descriptions and Seller Responsibility

Item descriptions must be agreed by the seller prior to sale. Sellers are responsible for ensuring that all descriptions, statements, images, and representations relating to their items are accurate, complete, and not misleading.

Where Blooms Auction assists in drafting or preparing item descriptions on behalf of a seller, the seller remains fully responsible for the accuracy and completeness of the description. Seller approval of a description, whether expressly given or implied by allowing the auction to proceed, constitutes confirmation that the description is accurate and acceptable.

Where Blooms Auction provides item descriptions, lot details, or other consignment information to the seller for review and approval, the seller must notify Blooms Auction of any errors, omissions, or objections within a reasonable period prior to the auction starting.

If the seller does not raise any objections or corrections before the auction commences, the descriptions and details will be deemed approved by the seller.

Sellers must notify Blooms Auction immediately if they become aware of any error, omission, or inaccuracy in an item description, including where an auction is already live. Failure to notify Blooms Auction promptly may result in the seller being responsible for any loss, refund, or claim arising from the inaccuracy.

Blooms Auction relies on information provided or approved by sellers and accepts no responsibility for inaccuracies arising from seller-supplied or seller-approved content

9. Fees and Commission

For each auction or consignment, the seller fees, buyer’s premium, and any agreed reserve price will ordinarily be set out in the applicable Consignment Agreement.

Seller fees: Only where a Consignment Agreement has not been agreed, or where seller fees are not expressly agreed in writing for a particular auction or consignment, a seller commission of 5% of the hammer price shall apply.

Blooms Auction may, at its discretion, waive or reduce any seller fees that would otherwise apply under this clause.

Buyer’s premium: Only where a Consignment Agreement has not been agreed, or where the buyer’s premium is not expressly agreed in writing for a particular auction or
consignment, buyers shall pay a buyer’s premium of 25% of the hammer price, which is retained by Blooms Auction.

Reserve price: Only where a Consignment Agreement has not been agreed, or where a reserve price is not expressly agreed in writing for a particular auction or
consignment, the reserve price shall be determined by Blooms Auction.

Where additional services are requested or required in connection with a consignment, including but not limited to third-party authentication, grading, valuation,
enhanced handling, or other specialist services, Blooms Auction may charge fees in respect of those services.

Any such fees will be agreed with the seller in advance and may be deducted from seller proceeds unless otherwise agreed in writing.

Blooms Auction may, at its discretion and where agreed in writing with the seller, apply alternative proceeds arrangements or incentives in connection with a consignment. Any alternative proceeds arrangement is specific to the relevant consignment and does not set a precedent for future consignments.

10. Buyer Payment and Failed Transactions

Buyers are required to pay in full within 24 hours of the auction ending. Blooms Auction may, at its discretion, extend this period by up to 7 days in extenuating circumstances.

If payment is not received within the applicable period, the sale may be cancelled.

Where a reserve price has been met, Blooms Auction may offer the item to the next highest bidder and continue down the bidding chain until a successful sale is achieved

11. Unsold Items and Relisting

If an item remains unsold, or if a sale is cancelled due to buyer non-payment and no alternative buyer is secured, Blooms Auction reserves the right to relist the item at least once within a 30-day period.

Where an item is relisted under this clause, the same seller fees, buyer’s premium, reserve price, and other consignment terms shall apply unless otherwise agreed in writing.

If the seller requests return of the item instead of relisting, Blooms Auction may charge a reasonable return fee to cover marketing, handling, administration, and related costs incurred in connection with the consignment and attempted sale.

Any such fee will be communicated to the seller in advance and, where applicable, agreed between the parties before the item is returned

12. Authenticity and Description Warranties

Sellers warrant that all items consigned for sale are genuine and accurately described.

If an item is determined to be counterfeit or materially misdescribed, the seller agrees to refund the buyer in full. Blooms Auction may recover refunded amounts by deducting them from seller funds held or otherwise due to the seller.

Blooms Auction may withhold seller proceeds while authenticity or description disputes are investigated

13. Counterfeit Items and Serious Breaches

Where items are determined to be counterfeit, Blooms Auction reserves the right to:

• Notify relevant authorities, insurers, or other appropriate parties.
• Recover reasonable costs incurred in connection with investigation, handling, or resolution.
• Retain, surrender, or destroy counterfeit items where required by insurers, authorities, or applicable law.

Nothing in these Terms limits Blooms Auction’s rights to pursue remedies available under applicable law in respect of counterfeit or unlawfully sold items

14. Consumer Rights and Business Sellers

Buyers using the platform may be private individuals or businesses.

Where a business seller sells items to a private individual, applicable consumer protection legislation applies, and the business seller is responsible for complying with all relevant legal obligations

15. Holding of Seller Funds, Payment Timing, and Disputes

Blooms Auction holds buyer funds as stakeholder for a period following completion of a sale.

Subject to the provisions of this clause, Blooms Auction will ordinarily remit seller proceeds within approximately 14 to 30 days of the auction ending.

Seller proceeds may be withheld for longer where:

• A buyer disputes authenticity or description.
• Identity verification has not been completed.
• Further investigation is required in connection with a sale.

Blooms Auction aims to resolve disputes as efficiently as possible. Some disputes may require extended investigation and may take longer to resolve depending on their complexity.

It is the seller’s responsibility to ensure that any contact details and any payment details (including email address) provided to Blooms Auction are accurate and kept up to date. Blooms Auction will not be responsible for delayed, fraudulent or failed payments arising from incorrect, insecure or outdated contact or payment information supplied by the seller.

Seller proceeds may be paid using such payment methods as Blooms Auction makes available from time to time, including bank transfer or third-party payment services

16. Suspension, Refusal of Listings, and Termination

Blooms Auction reserves the right to suspend or terminate seller accounts, refuse to list items, or impose restrictions at any time and at its sole discretion, with or without notice.

17. Termination by Notice

Either party may terminate this Agreement by giving written notice to the other.

Termination shall not affect any consignments already accepted or in progress at the time notice is given, which shall continue to be governed by this Agreement unless otherwise agreed in writing.

Nothing in this clause limits Blooms Auction’s right to suspend or terminate the seller’s account immediately in accordance with these Terms.

Termination shall not affect any fees, commissions, or charges accrued prior to termination.

18. Governing Law and Jurisdiction

These Seller Terms and Conditions are governed by the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction.