Terms of Use & Rules of Auction

1. Who we are

• Trading name: AJ Auctions
• Registered name and number: as recorded with the CIPC — available on request
• Address: 20 Dirk van den Berg Street, Modimolle, Limpopo, South Africa
• Email: Admin@ajauctions.co.za
• WhatsApp / telephone: 063 026 8817
• Website: ajauctions.co.za

AJ Auctions conducts timed online auctions of livestock, game, hunting packages and general goods. We act as auctioneer and agent for the seller. We do not own the lots offered unless a listing expressly says so.

2. Registration and verification

• Anyone may view the catalogue. Bidding requires a verified WhatsApp number.
• Before your first bid is accepted, a one-time code is sent to the number you provide and must be entered. This confirms the number belongs to you. Verification then stands on that device for 30 days.
• You must give your true name and contact details. Bidding under a false identity is a breach of these terms.
• We keep a record of every registered bidder and of every bid placed — the bidder, the amount and the time. This record is available for inspection in the event of a dispute.
• We may refuse a registration, decline a bid, or suspend a bidder where we reasonably suspect fraud, non-payment or abuse.

3. How the auction runs

• Bids are binding. Every bid is an irrevocable offer to purchase at that amount. Do not bid unless you intend to pay.
• Increments. Bids must meet the minimum advance shown on the lot and be in the round amounts the system accepts.
• Closing. The lot closes at the time shown. A bid placed in the final minute extends the closing time by two minutes, and this repeats, so that no lot can be taken by a last-second bid.
• Reserves. A lot may carry a confidential reserve. If the reserve is not reached the lot is not sold, though we may put the highest bid to the seller.
• The sale. The highest bid at or above the reserve at closing is the successful bid, and the lot is knocked down to that bidder.
• No false bidding. Sellers may not bid on their own lots, directly or through another person, and we do not place bids to lift the price. Any bid found to be of that kind will be cancelled.
• Our discretion. We may withdraw a lot before closing, correct an error in a listing, cancel a bid entered in error, or postpone or re-run an auction affected by a technical failure.

4. Payment and settlement

• What you pay. The purchase price is the hammer price, plus any buyer's premium and VAT shown on the lot. The full amount payable is sent to you on WhatsApp after the close.
• Pay AJ Auctions, not the seller. Payment is made by EFT into the AJ Auctions account given in those instructions, using the reference provided, within the period stated.
• We hold the money. Funds are held by AJ Auctions and are not released to the seller until the buyer has confirmed that the lot has been received and accepted. This protects the buyer against non-delivery and the seller against non-payment.
• Releasing funds early. Where a buyer cannot be reached to confirm within a reasonable period, or a dispute is settled between the parties, we may release the payout and will record the reason for doing so.
• Ownership and risk pass to the buyer once payment has cleared in full and the lot has been handed over.
• Non-payment. If the price is not paid in the period given, we may cancel the sale, re-offer the lot, and hold the defaulting bidder liable for any shortfall and reasonable costs. The bidder may also be blocked from future auctions.
• Sellers are paid the hammer price less commission at the agreed rate, with a statement of account.

5. VAT

AJ Auctions is not currently a registered VAT vendor. No VAT is charged by AJ Auctions on the hammer price, on its commission, or on any other amount it invoices, and no document issued by AJ Auctions is a tax invoice for VAT purposes.

Where a lot is offered by a seller who is a registered VAT vendor, VAT may form part of that lot's price. That VAT is charged by the seller, is shown on the listing and on the invoice together with the seller's VAT number, and is accounted for to SARS by that seller — not by AJ Auctions. Should AJ Auctions register for VAT in future, these terms and the invoices issued will be updated accordingly.

6. Condition of lots

• Lots are offered voetstoots — in the condition they are in at the time of sale. Descriptions, weights, measurements, ages and photographs are supplied by the seller and passed on in good faith. They are a guide and not a warranty.
• Bidders are responsible for satisfying themselves as to the condition and suitability of a lot before bidding, including by inspection or by asking us to put questions to the seller.
• Nothing in these terms excludes or limits any right you have under the Consumer Protection Act 68 of 2008 that cannot lawfully be excluded or limited. Where the Act applies to a sale, its provisions prevail over any inconsistent term here.
• Any complaint about the condition of a lot must be raised with us before the buyer confirms acceptance, and in any event within 48 hours of taking delivery.

7. Animals, permits and welfare

• Buyers are responsible for all veterinary requirements, health certificates, movement permits and game translocation permits applicable to a lot, and for the cost of them.
• Where a listing records veterinary certification or permit requirements, those documents are exchanged between buyer and seller at handover.
• Transport is arranged between buyer and seller, and must comply with the Animal Protection Act 71 of 1962 and applicable animal transport and disease-control legislation.
• All sales are subject to the legislation governing the movement and keeping of livestock and game in the relevant province.

8. Collection and delivery

• Collection or delivery is arranged directly between buyer and seller on the basis shown on the lot. AJ Auctions does not transport lots.
• Lots must be collected within 7 days of payment clearing, unless another arrangement is agreed in writing. Thereafter the buyer is responsible for the reasonable cost of keeping, feeding and caring for the lot.
• Inspect the lot at handover. Confirm receipt to AJ Auctions once you are satisfied — that confirmation releases payment to the seller.

9. Sellers' obligations

• The seller warrants that they own the lot or are authorised to sell it, that it is free of any lien or claim, and that the description supplied is accurate and complete.
• The seller must disclose any defect, illness, injury, temperament problem or restriction that a reasonable buyer would want to know about.
• The seller authorises AJ Auctions to sell as agent, to hold the proceeds, and to deduct commission and any agreed costs before payout.
• A seller who withdraws a lot after the auction has opened, or who fails to deliver a sold lot, may be held liable for commission and reasonable costs.

10. No cooling-off

Goods bought at auction are excluded from the seven-day cooling-off right in section 44 of the Electronic Communications and Transactions Act 25 of 2002. A successful bid cannot be withdrawn on that basis.

11. Liability

AJ Auctions acts as auctioneer and agent for the seller and is not the manufacturer, breeder or producer of any lot. To the fullest extent permitted by law, and subject to section 6 above, we are not liable for loss arising from the description or condition of a lot, from the conduct of a buyer or seller, from collection, transport or handling, or from interruptions to the website or the bidding process outside our reasonable control. Where we are found liable despite this, our liability is limited to the commission we earned on the sale in question.

12. Complaints and disputes

Raise any complaint with us first, on WhatsApp or at Admin@ajauctions.co.za. We keep a full record of each auction — every bid, the times, and the administrative actions taken — and will deal with the matter on that record. If we cannot resolve it, a consumer may refer the matter to the National Consumer Commission or an accredited consumer goods ombud. These terms are governed by South African law.

13. Changes to these terms

We may amend these terms. The version published here when you place a bid is the version that governs that bid, and the date at the top shows when it last changed.