Terms & Conditions

 

TERMS AND CONDITIONS FOR SELLERS:

  1. Interpretation. In these Terms the words 'you', 'yours', etc. refer to the Seller and if the consignment of goods to us is made by an agent we assume that the Seller has authorised the consignment and that the consignor has the Seller's authority to contract. The words 'we', 'us', etc. refer to the Auctioneers, Auctioneum Limited.
  2. Warranty. The Seller confirms that possession in the lots can be transferred to the Buyer with good and marketable title, free from any third party rights or encumbrances, claims or potential claims. You agree that you have provided all information concerning the item's ownership, condition and provenance, attribution, authenticity, import or export history and or any concerns expressed by third parties concerning the same (see 12).
  3. Terms of Sale. (i) The seller acknowledges that Lots are sold subject to the stipulations of these Conditions in their entirety and on the Terms of Consignment as notified to the consignor at the time of the entry of the Lot. (ii) We retain absolute discretion to divide any lot, to combine any two or more lots, to withdraw any lot or lots from the sale, to refuse bids, regulate bidding or cancel the sale without in any case giving any reason or without previous notice.
  4. Commission. (i) The seller shall pay a commission rate of 19% on the hammer price unless different commission rates are agreed at the time of consignment, plus VAT on the premium at the rate imposed by law (ii) You authorise us to conduct sale by private treaty or 'Sold After Sale' transactions within 14 business days of the date of the sale at our discretion.
  5. Removal. We can offer removal services to you but any removal not undertaken by us may be subject to charges and such charges and any liability incurred thereon are solely your responsibility. Items must be received by us in strict adherence with sale deadlines.
  6. Loss and Damage of Goods. Liability for consigned property is assumed at the lower pre-sale estimate until such time as the hammer falls, after which it is assumed at the hammer price.
  7. Illustrations. We will not charge for the cost of photography or online illustration, however we may charge for the inclusion of a specific Lot in the printed catalogue at your discretion. The copyright in respect of all printed or online illustration and text is held solely by us in perpetuity.
  8. Reserves. You are entitled to place a reserve on any lot consigned providing the lower estimate is over fifty pounds. By law no reserve may be set above the lower auction estimate. All reserves will be set with ten percent discretion as standard, unless agreed by prior arrangement. We reserve the right to withdraw any lot due to an unreasonable reserve. If any lots are unsold, reserves will be lowered or removed and the lot re-entered into a future sale.
  9. Auctioneers discretion. We reserve the right to sell any item below agreed reserves in which case we will account to you for the same sale proceeds you would have received had the reserve been the hammer price, unless discretion was agreed prior to the sale.
  10. Electrical items. Such items are subject to statutory safety controls. Following guidance from Trading Standards, any plugs will be removed prior to auction, unless the item has a current PAT Test label / certificate. Where we deem it necessary, you may be charged a nominal fee for the certification of electrical goods by an electrician. We reserve the right to return or dispose of unsafe goods at your own expense (The Torts (Interference with Goods) Act 1977, Schedule 1)
  11. Soft and upholstered furnishings. Such items are subject to fire safety regulations. We reserve the right to refuse or dispose of unsafe goods at your expense. (The Torts (Interference with Goods) Act 1977, Schedule 1)
  12. Catalogue descriptions. (i) We welcome your assistance in confirming descriptions and provenance for consigned items where relevant. We are limited by consumer legislation in the drafting of descriptions and in some cases responsibility for inaccurate descriptions will lie with you. (ii) We assume that you have approved of an item description unless otherwise informed by you in advance of the sale.
  13. Unsold items, withdrawn lots, cancellation & storage (i) Unsold items will be reoffered at a future sale, of which you will be notified by email. If you are notified that item(s) are deemed by us to be unsalable you must collect these items promptly or they will be disposed of / storage charges applied. These storage charges may be deducted from any monies owing to you from the sale of other items as detailed in line 14 of these conditions. (ii) Withdrawn items will be subject to fees totalling 19% of the lower auction estimate and VAT on this fee at the rate imposed by law. Should the item/s be already presented within a catalogue, then we reserve the right to charge our standard buyer's commission rate (plus VAT) on the low estimate (or 'current bid' price if bids have already been made), in addition to the standard withdrawal fee. (iii) Items lodged with us and that remain unconsigned and that are deemed unsuitable for sale must be collected promptly by you. We reserve the right to sell or dispose of any items uncollected by you after a period of three weeks.

In the event that a single-vendor sale or external auction event is cancelled by you, we reserve the right to recover any costs incurred, including - but not limited to - travel time, cataloguing fees, valuation fees, photography expenses, and any third party expenses (such as website hosting fees, courier costs etc). Standard withdrawal fees per lot will also apply to any lot already worked on. This is a minimum fee of two thousand pounds, plus VAT at the imposed rate. Auctioneum reserves the right to sell any items within their possession if the cancellation fees are not paid within 14 days of the event / auction being cancelled.

  1. Settlement. (i) The net total due to you will be paid no sooner than 28 days from the date of the auction, unless the buyer has not paid. In this case no settlement will be made and the item will be returned to you or reoffered under the same agreed conditions at your discretion. (ii) You authorise any sums owed by you to us to be deducted from the sale proceeds, including but not limited to disposal, storage, haulage or withdrawal fees or any other reasonable charges as outlined in these conditions. (iii) In the case of Artist Resale Right we will collect the required amount from the Buyer and remit to the appropriate collecting agent. If applicable you assume liability for settling any required amounts with the collecting agents if we are not made aware that such liability exists at the time of consignment. (iv) In the case of your VAT liability we will collect the applicable amount from the buyer and remit it to you for proper transmission to HM Revenue. (v) You consent to our right to retain beneficially the commission paid by the buyer and any interest earned thereon until the date of settlement. (vi) Settlement is available by Direct Bank Transfer by BACS (in accordance with condition 15 below).
  2. Communication. As part of the Antiques Are Green initiative we strive to reduce our consumption of unsustainable resources. All sale notifications and communications will therefore be conducted by email and telephone as far as possible, and you are strongly encouraged to keep all of your contact details with us current for these purposes.
  3. English Law. English law applies to the interpretation of these Conditions.
  4. Privacy Policy. We are committed to protecting and respecting your privacy. We will not provide your personal data to third party organisations to use for their own marketing purposes. We will retain your personal data for as long as we are providing you with the Services referred to in any contractual document, and for as long as is required for legal, regulatory, fraud prevention and our legitimate business purposes after the termination of your account/ agreement with us and it is deemed 'no longer useful.' You can request to have this data removed from our systems at any time via email, phone or in writing (some exclusions may apply). Our full privacy policy can be viewed on our website www.auctioneum.co.uk
  5. Anti-Money Laundering & Financial Checks. Auctioneum Ltd adheres strictly to all current Anti-Money Laundering, Terrorist Financing and Transfer Of Funds regulations and reserves the right to refuse the sale of any lot, should suspicion or evidence of regulation infringement arise. Transactions over €10,000 (or the sterling equivalent) will be subject to Anti-Money Laundering & other financial checks, and you will be required to supply the following: (for individuals) official photographic identification (passport, driving license or other government-issued identification) and proof of address (bank statement, utility bill, etc). For Corporate entities - the certificate of incorporation (or equivalent) with your official name, registered number (if any) and registered address, as well as details and ID documentation for directors and beneficial owners of 'the entity.' For Trusts and / or Estates - details of and identity documentation for executors / trustees and details of beneficiaries. We may ask for further information if we deem this necessary.