Terms of Service

By creating an account, requesting a paddle, submitting a bid or entering our premises, you confirm that you have read, understood and accepted these Terms of Service in full.

1. Acceptance of Terms

   These Terms of Service constitute a binding agreement between you and Milan Auctioneers. If you do not accept these terms, you must immediately cease use of our platforms and refrain from participating in any auction conducted by the firm.

2. Definitions

   “Company” means Milan Auctioneers. “Bidder” means any person registered to bid. “Buyer” means the Bidder whose bid is accepted. “Seller” means the party consigning a lot. “Lot” means any item offered for sale. “Hammer Price” means the price at which a lot is knocked down.

3. Eligibility and Registration

   You must be at least eighteen (18) years of age and legally capable of entering into binding contracts. Registration requires a valid national ID or passport, proof of address and any know-your-customer documentation we may reasonably request. We reserve the right to refuse or revoke registration at our sole discretion.

4. Authority of the Auctioneer

   Milan Auctioneers acts solely as agent for the Seller and not as principal. The auctioneer presiding over a sale has absolute discretion to regulate bidding, determine increments, resolve disputes between bidders, re-open a lot and declare the successful bidder.

5. Catalogue Descriptions and Condition

   Catalogue entries, photographs, measurements and condition reports are provided as a general guide only and do not constitute a warranty, representation or guarantee of any kind. All lots are offered in the condition in which they stand at the time of sale.

6. Pre-Auction Inspection

   Prospective bidders are strongly advised to inspect lots during published viewing times. By bidding, you confirm that you have satisfied yourself as to the identity, authenticity, condition and fitness for purpose of the lot, or have chosen not to do so.

7. Bidding Procedures and Increments

   Only registered bidders may bid. Bids are binding once acknowledged by the auctioneer and may not be withdrawn. The auctioneer may reject any bid, advance the bidding in such increments as the auctioneer considers appropriate, and may bid on behalf of the Seller up to the reserve price.

8. Bidder Registration and Paddle Security

   Paddles, bidder numbers and online credentials are personal, non-transferable and remain your sole responsibility. You are liable for every bid made using your paddle, account or credentials, whether or not made with your knowledge, unless you have notified us in writing of unauthorised use.

9. Reserve Prices

   Lots may be offered subject to a reserve price agreed with the Seller. If the reserve is not reached, the auctioneer may withdraw the lot or decline to knock it down. The reserve price is confidential and will not be disclosed to bidders.

10. Knockdown and Formation of Contract

    A contract of sale is formed when the auctioneer’s hammer falls or when an online lot closes and the highest bid is accepted. The Buyer is thereafter legally bound to complete payment and collection in accordance with these terms.

11. Buyer’s Premium and Commission

    A Buyer’s Premium, calculated as a percentage of the Hammer Price and subject to value added tax, is payable by the Buyer in addition to the Hammer Price. Sellers are similarly liable for a Seller’s Commission as set out in the consignment agreement. Current rates are published on our website and may be amended on notice.

12. Payment Terms

    Unless otherwise agreed in writing, full payment is due within three (3) working days of the knockdown. We accept bank transfer, mobile money and such other methods as may be published. No set-off, retention or counterclaim is permitted, and ownership does not pass until cleared funds are received in full.

13. Taxes and Statutory Charges

    All prices are exclusive of value added tax, customs duties, import levies and any other statutory charges, which shall be borne by the Buyer. Where applicable, a valid PIN certificate must be supplied to support any tax-exempt treatment.

14. Transfer of Ownership and Risk

    Risk in a lot passes to the Buyer immediately upon knockdown, whether or not payment has been made and whether or not the lot has been collected. Legal title passes only upon receipt of cleared funds in full. The Company accepts no liability for loss or damage occurring after risk has passed.

15. Collection and Removal of Lots

    Lots must be collected within seven (7) calendar days of the sale, or such other period as may be published for a specific auction. Storage, handling and insurance charges accrue thereafter at our published rates, and we may exercise a lien over uncollected goods.

16. Default, Non-Payment and Resale

    If the Buyer fails to pay or collect in accordance with these terms, we may cancel the sale, retain any deposit, resell the lot by public or private treaty, and recover from the defaulting Buyer any shortfall, costs, storage charges and legal expenses, together with interest at the prevailing commercial rate.

17. Withdrawal, Postponement and Cancellation

    The Company reserves the right to withdraw any lot at any time before the knockdown, to postpone, adjourn or cancel a sale, and to amend the order of sale without liability to any Bidder. Where a sale is cancelled, any sums already paid in respect of that sale will be refunded without interest.

18. Seller’s Warranties and Indemnity

    Every Seller warrants that they have good and marketable title to the lot, that the lot is free of encumbrances, that they are lawfully entitled to sell it, and that the sale does not infringe any third-party right. Sellers indemnify the Company against all claims arising from a breach of these warranties.

19. Disclaimer and Limitation of Liability

    To the fullest extent permitted by law, the Company excludes all implied terms and conditions. Our aggregate liability in respect of any lot shall not exceed the Buyer’s Premium actually received by us for that lot. We shall not be liable for indirect, consequential or economic loss, including loss of profit or opportunity.

20. Indemnification

    You agree to indemnify and hold harmless Milan Auctioneers, its directors, employees and agents against any claim, loss, liability, cost or expense (including reasonable legal fees) arising from your breach of these terms, your misuse of our platforms, or your infringement of any third-party right.

21. Intellectual Property

    All catalogue content, photography, video, trade marks, logos and website design are the property of the Company or its licensors. You may not reproduce, distribute, scrape or commercially exploit any such material without our prior written consent.

22. Privacy and Data Protection

    We process personal data in accordance with the Kenya Data Protection Act, 2019 and our Privacy Policy. By registering, you consent to the collection, use and disclosure of your data for the purposes of administering auctions, complying with anti-money-laundering obligations and communicating with you.

23. Governing Law and Jurisdiction

    These terms are governed by and construed in accordance with the laws of the Republic of Kenya. Subject to the dispute resolution clause below, the courts of Kenya sitting in Nairobi shall have exclusive jurisdiction over any matter arising out of or in connection with these terms.

24. Dispute Resolution

    The parties shall first attempt in good faith to resolve any dispute by negotiation within thirty (30) days of written notice. Failing resolution, the dispute shall be referred to mediation and, if still unresolved, to binding arbitration by a single arbitrator appointed in accordance with Kenyan law.

25. Amendments and Severability

    We may amend these terms at any time by publishing a revised version on our website. Continued use of our services after publication constitutes acceptance of the amended terms. If any provision is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.