1.1 We are Impulse Decisions, a company registered in England and Wales with company number 07246826 and registered address at 9 Cardale Court, Cardale Park, Harrogate, HG1 2PW (“we”, “our”, “us”).
1.2 We provide a service that enables you to purchase experiences (such as hospitality, fine dining and holidays) and merchandise either at an auction (that we hold on behalf of our clients) or directly from us after making an enquiry on our website.
1.3 The items we make available for purchase will be referred to as products in these terms.
1.4 Whether you buy the products at an auction or directly using our website, these terms will govern any purchases you make with us.
1.5 You will also need to review any terms relating to the products which third party suppliers have in relation to their product.
Where to find information
2.1 You can find everything you need to know about us on our website (www.impulsedecisions.com). Our phone number is 01423 531682 and our email address is: info@impulsedecisions.com. For bookings, our Bookings Team is available at bookings@impulsedecisions.com (“Bookings Team”).
2.2 You will find information about products available for purchase:
2.2.1 if you are participating in an auction, in the catalogue relating to that auction;
2.2.2 on our website, in all other cases.
2.3 Please make sure you read and check all the information carefully to ensure you are clear on what the product is and whether it meets your requirements as there may be limits on your ability to cancel (see below). You must check whether you qualify any specific requirements for use of the product and are aware of any restrictions relating to it e.g. age restriction and restrictions based on health.
2.4 If you are bidding at an in-person silent auction (public auction), please make sure you have read and checked all of the details in the catalogue before you place your bid as your bid constitutes an offer for purchase of the items, which cannot be retracted once the auction has started. Second-hand goods (such as memorabilia) sold at in-person auctions will be sold as seen and it will be your responsibility for checking the details of the product to ensure you are satisfied with its condition before making your bid.
2.5 Bearing in mind the pre-used nature of second-hand goods there may be damage to the product which you should check before you make your purchase.
Auction process
3.1 If you participate in a live or silent auction at any in-person event, you will be required to complete the bidding sheet and auction booklet (“Forms”) for the item(s) you wish to bid on. Should your bid(s) be successful, you will be asked to sign a Promissory Note which forms a legally binding contract committing you to purchase the products.
3.2 You acknowledge and agree memorabilia and second hand products are in their very nature not likely to be in a brand new condition and may contain blemishes and discrepancies.
3.3 All silent auctions take place on behalf of the event owner (i.e. the person that is organising the event at which the silent auction take place). We act as an agent on the event owner’s behalf in relation to the silent auction (unless we explicitly state we are the event owner) and all bids and promissory notes will be entered into on the event owner’s behalf. All payments will go to the event owner but please note that, where we are not the event owner, the event owner pays to us a commission in respect of our services of the holding of the silent auction. The ultimate beneficiary of the payment (e.g. the event owner or a charity) will be noted in the event or auction catalogue.
3.4 Where there is a reserve your bid must be equal to or exceed the listed ‘Reserve’ price otherwise it will be void.
3.5 You can bid as many times as you want but you may end up with more than one product if you do this if there are multiple quantities of such product.
3.6 A contract for the purchase of the item is formed:
3.6.1 We notify you that you are the winner of the auction;
3.6.2 You will be required to sign a Promissory Note and make the payment due as stated on the promissory note; and
3.6.3 We issue you with a voucher for the product by email (if the product comprises an experience or travel product), by post or in-hand, or we will deliver the product to you within 14 days of payment (if otherwise), in each case using the details you provide on the Promissory Note. Delivery charges will apply if you require delivery outside of the UK.
3.7 Please note that if you are successful in the auction you will be committed to making the purchase of the item. Notwithstanding the foregoing, you can retract your bid within 24 hours of our notification that you are the winner (“Retraction Period”). Sometimes you may be required to pay a deposit at the event and then the remaining amounts to be paid at a later date. All amounts are payable and non-refundable except that if you retract your bid within the Retraction Period we will retain the amount above the reserve amount which will be paid to the beneficiary and we will deduct from the remaining amount, any expenses and costs we incur as a consequence of the retraction including the Retraction Amounts (as applicable) (in each case, details of which will be provided to you). If you pay a deposit but fail to pay the remaining amounts for the product, we will pay 25% of this to the beneficiary of the event and retain the remaining amount. This clause does not affect your statutory rights. For the purpose of this clause, Retraction Amounts means: any card fees incurred; and either
3.7.1.1 £300 for a bid placed on an outside Europe Experience or;
3.7.1.2 £200 for a bid placed on a UK & European Experience or;
3.7.1.3 £200 for a bid placed on memorabilia.
3.8 If the product you have bid for includes Travel, please note that unless explicitly stated in the auction catalogue, no flights or transfers will be included and you will be responsible for organising you own flights and transfers.
Online purchases and process
4.1 Our website advertises products which you may be able to purchase from us. If you are interested in an item advertised, please complete the enquiry form on the website. We will then provide you with the details of the product. It is only when we confirm our acceptance in writing of the sale of any such product to you that a contract will come into existence for our supply of such product to you. Where the product is an experience or a Travel Product, we will confirm our acceptance when we issue you with a an email to confirm the booking.
4.2 We may not be able provide a product for example, because a product is unexpectedly out of stock, because we can’t verify your age (where the product is age-restricted), because you are located outside our delivery areas or because the product was mispriced by us. When this happens, we let you know as soon as possible when you make the enquiry.
Travel products
5.1 Travel products are transport, accommodation, vehicle rental and associated tourist services relating to tourism.
5.2 Where the product you have either won in an auction or which you have purchased from us directly involves travel, you will be responsible for:
5.2.1 Ensuring you have adequate travel insurance. It is a condition of your purchase that you have adequate insurance in place. If you do not have insurance we will not be able to supply the travel product to you.
5.2.2 Checking all entry, passport, visa, immigration requirements and safety and health formalities applicable to the destination and ensure that you meet those requirements.
5.2.3 Complying with the terms and conditions of the suppliers of the products themselves e.g. those of the transport, hotel, vehicle rental and tourist services you have purchased.
5.3 Where product is a travel package (which means we have organised two or more of the following: transport, accommodation or vehicle rental or one of the former together with other tourist service which accounts for 25% of the package and is an essential feature of the package) (“Packaged Travel”), we act as a “Package Organiser” and you will receive the rights and benefits under The Package Travel and Linked Travel Arrangements Regulations 2018 as amended by The Packaged Travel and Linked Travel Arrangements (Amendments) (EU Exit) Regulations 2018. (“PTLTAR”) which apply to these terms where Packaged Travel is purchased. You can request a copy of PTLTAR from our Bookings Team. PTLTAR does not apply where you have booked a package for less than 24 hours and which does not include overnight accommodation. The Association of Bonded Travel Organisers Trust Limited (“ABTOT”) provides financial protection under PTLTAR for Impulse Decisions Ltd 5629. We are responsible for the proper provision of the travel services specifically included in your package, as set out in your voucher, booking confirmation and/or the information we provided to you regarding the services prior to booking. Please note that we shall not be responsible for any additional services provided to you, whether provided by the travel service providers or otherwise, which are not set out in your voucher, booking confirmation and/or the information we provided to you regarding the services prior to booking In relation to Packaged Travel, your rights under PTLTAR include the following:
5.3.1 We will provide all of the essential information relevant to the package which you must read and check carefully before you commit to your booking.
5.3.2 If you have any queries regarding your package, including during emergencies you can contact the Booking Team.
5.3.3 After booking, you may transfer your package to another person but you may incur additional charges if you do so including an amendment fee of £100 per person and any charges imposed by any of the suppliers.
5.3.4 We may have to increase the price of packages if our costs increase including the costs of the carriage of passengers resulting from fuel prices or power sources, the level of fees or taxes on travel services imposed by third parties not directly involved in the performance of the package including tourist taxes, landing taxes, or embarkation or disembarkation fees at ports and airports and exchange rates relevant to a package (“Applicable Costs”),but only if this occurs not no later than 20 days before the start of the package. If any such price increase exceeds 8% of the package price you may terminate the contract. You have a right to a price reduction if any such costs above are decreased before the start of the package but once our contract is concluded (subject to deductions for our administrative expenses).
5.3.5 You may terminate the contract without paying a termination fee if any of the essential elements of the package, other than the price has changed significantly.
5.3.6 If before the start of the package we cancel the package and it is not due to unavoidable or extraordinary circumstances you may be entitled to a refund and compensation as set out in clause 3.10.
5.3.7 You may terminate the contract without paying a termination fee before the start of the package in the event of unavoidable and extraordinary circumstances, for instance if there are serious security problems at the destination which are likely to affect the package.
5.3.8 You may terminate the contract if before the start of the package upon the payment of a termination fee calculated as follows For ticketed events, hospitality and travel-related packages and experiences, a 100% termination fee would apply.
5.3.9 If after the start of the package significant elements of the package cannot be provided as agreed, we will provide you with suitable alternative arrangements at no extra cost. You may terminate the package without paying any termination fee where services are not performed in accordance with the contract and this substantially affects performance of the package and we fail to remedy the problem.
5.3.10 You are entitled to a price reduction or compensation for damages or both where travel services are not performed or are improperly performed. The amount of the price reduction shall be £25.00 per person.The amount of such compensation shall be limited as follows:
5.3.10.1 No compensation shall be payable where the lack of conformity is attributable to you or a traveller within the package, attributable to a third party who is unconnected with the travel services, included in the package and which is unforeseeable or unavoidable or is due to unavoidable and extraordinary circumstances.
5.3.10.2 In accordance with applicable international conventions.
5.3.10.3 To an amount which does not exceed 3 times the total price of the package.
5.3.10.4 But nothing in this clause shall limit our liability for death or personal injury caused by negligence or intentionally or any other liability that cannot be limited or excluded by law.
5.3.11 If you are in difficulty during travel you can contact our Bookings Team for assistance.
5.3.12 If we become insolvent payments will be refunded. If we become insolvent after the start of the package and if transport is included in the package, repatriation of travellers is secured. Our insolvency is secured by ABTOT. You may contact ABTOT in the event services are denied due to our insolvency on 01702 811397 .
5.3.13 We do not agree to meet any special requirement unless we have explicitly confirmed this in writing.
5.3.14 If you do not consider that the package confirms with the requirements of the package sold to you, you should contact the Bookings Team.
5.3.15 If the package involves the travel by an unaccompanied minor you may contact our Bookings Team for details as to where such minor may be contacted.
5.3.16 We may make insignificant changes to the package without any requirement to provide you with a refund or compensation, but we will provide notification of any such changes to you.
5.4 Where we act as an agent on behalf of a tour operator/airline/cruise company/accommodation provider (“Supplier”) (“Agent Package”) we will provide you with the terms of that Supplier which you will need to enter into to purchase the relevant items of your chosen Agent Package, as specified in your confirmation invoice. Please note in relation to such purchases:
5.4.1 you will need to deal with the Supplier in relation to any issues you have with the product in accordance with the terms of that Supplier;
5.4.2 you will need to check the Supplier’s terms in relation to making any changes or cancelling your product, which may be made or refused at their discretion and subject to additional charges including our administration charges for handling your request (see below for further details);
5.4.3 if a Supplier makes any changes to the product, we will notify you as soon as possible but we are not responsible for any such changes that they make and you should liaise with them directly in respect of any complaint that you have.
5.5 In relation to all travel products except Packaged Travel:
5.5.1 We will not refund any amounts paid by you for travel products where you have had to cancel or change your plans due to circumstances unconnected with us or a Supplier.
5.5.2 Accommodation ratings are provided by the Supplier and serve only as a guide and not a recommendation by us and we do not guarantee the accuracy of any such ratings.
5.5.3 We reserve the right to make changes to any bookings caused by any circumstances beyond our reasonable control as defined in clause 1.
5.5.4 You will be required to pay administration fees of £100 per change for any changes you wish to make to bookings plus any additional costs arising from such changes including suppliers charges and costs. We cannot guarantee that changes will be permitted in any given circumstances or that you will receive a refund of any amounts you have paid in such circumstance.
Price
6.1 In auction sales, there may be a reserve price on the product. Your bid will need to exceed the reserve bid to participate in the auction.
6.2 For products purchased directly from us via an enquiry on our website, the price for the product will be as quoted in writing to you once you have made an enquiry.
6.3 If you request additional goods and/or services to the product that has been advertised, there will be additional charges for those goods and/or services.
6.4 In addition to the price of the product we may charge delivery charges depending on where you are located.
6.5 Unless otherwise stated, a product price will be inclusive of VAT but not customs or duties or any other applicable taxes.
Payment terms
7.1 In auctions sales, payment must be received before you will receive your voucher for the product or before the product is delivered to you.
7.2 For travel products purchased out of auction, we must receive your payment by the due date notified to you.
7.3 Where we act as an agent, we will collect the payment on behalf of the relevant Supplier and pass on your payment to them.
7.4 It is important that you pay on time as:
7.4.1 In the case of auction sales, your bid may be voided.
7.4.2 In the case of Travel products, your Travel product may be cancelled and you may incur cancellation charges.
7.5 Without affecting our right to void or cancel your purchase, if we’re unable to collect any payment you owe us we may also charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.
7.6 If the rate of VAT changes between your order date and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
We’re not responsible for matters outside our control
8.1 If our supply of your product is prevented or delayed by an event outside our control (such as warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities including without limitation any lockdown and curfews, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside our or the Supplier’s control), we will contact you as soon as possible. We are not responsible for our failure or delay to provide you with a product in such circumstances.
Products can vary slightly from their pictures
9.1 Please note a product’s true colour may not exactly match that shown on your device or in our marketing or its packaging may be slightly different. If you are purchasing an item of signed memorabilia of which there are multiple copies, note that the signature may not be in the exact same position as that shown on the image as naturally the signatory will not sign in the exact same position each time.
We charge you if you don’t give us information we need
10.1 We may need to charge you additional sums if you don’t give us information we’ve asked for which is necessary for your product.
If you bought online you have a legal right to change your mind
11.1 Your legal right to change your mind. For certain products bought online, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. This is subject to some conditions, as set out below.
11.2 When you can’t change your mind. You can’t change your mind about an order for:
11.2.1 Products purchased at public auctions;
11.2.2 Packaged Travel;
11.2.3 Products that comprise accommodation, transport of goods, vehicle rental services, catering or services relating to leisure activities;
11.2.4 Products involving services, once these have been completed;
11.2.5 Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
11.2.6 Products that are made to your specifications or are clearly personalised; and
11.2.7 Products which become mixed inseparably with other items after their delivery.
11.3 The deadline for changing your mind. If you change your mind about a product you must let us know no later than 14 days after:
11.3.1 the day we deliver your product, if it is goods. If the goods are split into several deliveries over different days, the period runs from the day after the last delivery.
11.3.2 the day we confirm we have accepted your order, if it is for a service.
11.4 How to let us know. To let us know you want to change your mind, contact our Bookings Team at bookings@impulsedecisions.com.
11.5 You have to return the product at your own cost. If your product is goods, you have to return it to us within 14 days of your telling us you have changed your mind. Returns are at your own cost. You can:
11.5.1 send the product back to us, using an established delivery service. If you do this you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you don’t do this and we don’t receive the goods at all or within a reasonable time we won’t refund you the price. For help with returns, including our collection arrangements for goods which can’t be posted, see our Returns Process.
11.6 We only refund standard delivery costs. For example, we don’t refund any extra you have paid for express delivery or delivery at a particular time.
11.7 You have to pay for services you received before you change your mind. If you bought a service we don’t refund you for the time you were receiving it before you told us you’d changed your mind.
11.8 You cannot cancel Travel products. Generally you do not have a right to cancel for accommodation, transport of goods, vehicle rental services, catering or services relating to leisure activities and for Packaged Travel. In the event we do allow you to cancel, cancellation charges may apply which could include non-refundability of your booking fee, deposits and additional charges of the Supplier. Please see the Booking Conditions for further details relating to cancellations relating to Travel.
11.9 You cannot cancel if you purchase a product at a public auction. If you purchase your product at an in-person event during a silent auction, you cannot cancel your purchase if you are successful in the auction. However, you may be able to retract your bid if you notify us within 24 hours of our notification that you are the winner (“Retraction Period”).
11.10 You cannot cancel if you have purchased personalised or customised products. If the product you have purchased is personalised or customised for you, you will not have a right to cancel your contract.
11.11 We reduce your refund if you have used or damaged a product. If you handle the product in a way which would not be acceptable, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the product’s condition is not “as new”, tags and labels have been removed, the product-branded packaging is damaged or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due. can advise you on whether we’re likely to reduce your refund.
11.12 When and how we refund you. If your product is a service or goods that haven’t been delivered or that we’re collecting from you, we refund you as soon as possible and within 14 days of you telling us you’ve changed your mind. If your product is goods that you’re sending back to us, we refund you within 14 days of receiving them back from you (or receiving evidence you’ve sent them to us). We refund you by the method you used for payment. We don’t charge a fee for the refund.
11.13 You have rights if there is something wrong with your product
11.14 You must check the product within 14 days of delivery to you. If you think there is something wrong with your product, you must contact our Bookings Team within this period so that they can investigate the matter for you. We honour our legal duty to provide you with products that are as described to you in our written description in response to when you make an enquiry on our website or our catalogue at an auction, and that meet all the requirements imposed by law. Please note that second hand goods sold at public auctions (e.g. memorabilia) will be sold as seen and it is your responsibility to check the product for any issues. Remember too that You have several options for resolving disputes with us. Nothing in this clause affects your statutory rights.
We can change products and these terms
12.1 Changes we can always make. We can always change a product:
12.1.1 to reflect changes in relevant laws and regulatory requirements;
12.1.2 to make minor technical adjustments and improvements; or
12.1.3 to deal with any Supplier changes to the Product.
12.2 We might need to make Travel product changes. We may need to change the details of a Travel product due to changes in the suppliers we use or events beyond our reasonable control. To find out more details of potential changes and your rights in relation to them please see our Booking Conditions.
12.3 We can suspend supply (and you have rights if we do)
12.3.1 We can suspend the supply of a product. We do this to:
12.3.1.1 deal with technical problems or make minor technical changes;
12.3.2 update the product to reflect changes in relevant laws and regulatory requirements; or
12.4 We let you know. We contact you in advance to tell you we’re suspending supply, unless the problem is urgent or an emergency.
We can end our contract with you
13.1 We can end our contract with you for a product and claim any compensation due to us (including enforcement costs) if:
13.1.1 you don’t make any payment to us when it’s due;
13.1.2 you don’t, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product;
13.1.3 you don’t, within a reasonable time, either allow us to deliver the product to you or collect it from us.
We don’t compensate you for all losses caused by us or our products
14.1 We’re not responsible for losses you suffer caused by us breaking this contract if the loss is:
14.1.1 Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
14.1.3 Something you could have avoided by taking reasonable action.
14.2 To the extent that you use a product for the purposes of your trade, business, craft or profession then, save in respect of any liability which cannot legally be limited, our total liability to you for all losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to (a) twice the amount of commissions we receive, where we act as a travel agent; or (b) what you paid for the product in all other cases, and either event all claims for loss of profit, loss of revenue, loss of savings or indirect or consequential loss are wholly excluded.
We use your personal data as set out in our Privacy Notice
You have several options for resolving disputes with us
16.1 Our complaints policy. Our Bookings Team will do their best to resolve any problems you have with us or our products.
16.2 You can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.
Other important terms apply to our contract
17.1 We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We’ll contact you to let you know if we plan to do this. If you’re unhappy with the transfer you can contact our Bookings Team.
17.2 You can only transfer your contract with us to someone else if we agree to this.
17.3 Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
17.4 If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
17.5 Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.
COMPANY REGISTRATION: 07246826 | VAT NUMBER: 114601268
