1. The following PFW Terms and Conditions relate separately, in each Part, to each aspect of the day to day business of P.F. Windibank Fine Art Auctioneers and Valuers including, but not limited to, the buying, selling and attendance at Auctions or the buying and selling through the Online Shop.
2. Each Part should be read carefully and may be updated from time to time.
3. If you are buying, attending an Auction or entering a Lot, or Lots, to be sold at Auction by PFW you will be legally bound by the relevant Part, or Parts, of the following Terms and Conditions.
4. S.J. Windibank is the sole proprietor and trades as P.F. Windibank Antique and Fine Art Auctioneers and Valuers.
5. PFW act as agent for the Seller of any Lot(s) both at Auction and through the Online Shop.
6. All parties, including but not limited to; PFW, Auction attendees, Bidders, Buyers and Sellers irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the PFW Terms and Conditions or its subject matter or formation.
7. The PFW Terms and Conditions, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales.
The following definitions should be read as incorporated into each Part of the Terms and Conditions set out below (Part 1 – Part 5) and any further Terms as listed on the P.F. Windibank Website:
“Attendance Conditions” means the Terms and Conditions of Auction Attendance as set out in Part 1 below.
The “Auction” means the day of the Antique and Fine Art Auction held as listed in the Website calendar.
“Auction Catalogue” means the directory of Lots to be sold at the Auction. A separate catalogue is available for each individual Auction.
The “Auctioneer” means the representative of PFW conducting the Auction.
The “Auction Room” means the relevant room located in the Dorking Halls in which the Auction is held by the Auctioneer.
“Bidder” means the individual or party placing a bid at an Auction or through the Online Shop
“Buyer” means the individual or party purchasing a Lot, or Lots, at an Auction or through the Online Shop
“Buyers Conditions” means the Buyers Terms and Conditions of Sale by Auction as set out in Part 2 below.
“Estimates” means the estimated sale price set out in the Auction Catalogue.
“Goods” means items intended to be sold at the Auction or through the Online Shop prior to PFW accepting the item and prior to allocation of a Lot number.
“Goods Conditions” means the Terms and Conditions of the Standard of Goods as set out in Part 4.
“High Value Lot(s)” any and all Lot(s) valued at or above £25,000.
“Lot”, “Lot(s)” or “Lots” means items for sale at an Auction or on the Online Shop, a Lot number is allocated for the item and they are listed in the Auction Catalogue.
The “Office” means the main office built into the front right hand corner of the Dorking Halls, Reigate Road, Dorking, Surrey, RH4 1SG.
“Online Shop” means the shop located on the ‘shop’ tab at www.windibank.co.uk or the relevant tab on the website of PFW if amended from time to time.
“Part” means each separate section of the PFW Terms and Conditions.
“PFW” P.F. Windibank Fine Art Auctioneers and Valuers
“PFW Premises” means any location in which PFW operate their business and includes, but is not limited to, the Office, the Showroom and the Auction Room.
“Seller” means the individual or party attempting to sell a Lot, or Lots, at an Auction or through the Online Shop
“Sellers Conditions” means the Sellers Terms and Conditions of Sale as set out in Part 3 below.
The “Showroom” means the viewing room located to the rear of the Dorking Halls, Reigate Road, Dorking, Surrey, RH4 1SG.
The “Website” means www.windibank.co.uk or the website of PFW if amended from time to time.
“Website Conditions” means the Terms and Conditions of the use of the Website and Online Shop, as set out in Part 5 below.
PART 1. TERMS AND CONDITIONS OF AUCTION ATTENDANCE
1. Scope of Part 1 – Attendance Conditions
1.1. The Attendance Conditions sets out the necessary terms for attending the Auction with or without an intention to purchase or sell.
1.2. The Attendance Conditions are in addition to all Parts of the Terms and Conditions as listed on the Website.
1.3. No clause in the Part 1 Attendance Conditions, will override the clauses set out in Parts 2 – 5 should they come into conflict with one another.
2.1. When attending an Auction with the intention to sell or purchase you will be asked to register your details in order to bid.
2.2. Registration can be completed prior to the Auction at the Office, or at the Showroom, both prior to the Auction and when attending the Auction.
2.3. Registration cannot take place in the Auction Room.
2.4. In order to register you will be asked to provide identification by way of photo ID (i.e. Driving License or Passport) and proof of address. Without providing this identification you will not be able to register.
3. Telephone Bids
3.1. Should you wish to bid via telephone you will be asked to register and provide the information as set out in 3.2 below.
3.2. To register you must provide your full name, permanent address, a telephone number and the debit card details you intend to use for the purchase.
3.3. The payment card provided for the telephone bid should be registered to the same address, as shown on the proof of address stated in Part 1, clause 2 above.
3.4. PFW staff will only ask you to supply your payment card security code when making payment and will not ask for this prior to payment.
3.5. You will not be able to bid via telephone bidding without supplying the information stated in these Attendance Conditions.
3.6. This service is subject to line availability and is at the Auctioneer’s absolute discretion.
3.7. A telephone line cannot be booked unless the Bidder is prepared to bid to a value exceeding £100.00.
4. Fire Precautions
The public attending the Auction are requested to leave gangways and the exit doors clear in case of emergency.
5. Damage to Lots
Any person causing damage to any Lot will be held responsible for such damage and the Auctioneer will be the sole judge in assessing the cost of the same.
PART 2. BUYERS TERMS AND CONDITIONS OF SALE BY AUCTION
1. Scope of Part 2 – Buyers Conditions
1.1. The following information is intended to assist Buyers and Bidders.
1.2. All sales are conducted under our Buyers Conditions, as follows, which are readily available for inspection and the PFW staff will be happy to assist should you require any further information.
1.3. The Buyers Conditions are in addition to all Parts of the Terms and Conditions as listed on the Website.
1.4. The Buyer agrees that all Lots will be purchased under the Buyers Conditions and the other Terms and Conditions listed on the Website, as updated from time to time.
2.1. PFW, unless specified otherwise, contracts and acts as agent for the Seller.
2.2. For reasons of confidentiality, the identity of the Seller will not be disclosed.
2.3. Accordingly, as a Buyer, your primary contract is with the Seller.
3.1. Estimates are provided as a guide to Bidders and Buyers as to the sum expected to be achieved at Auction for a particular Lot.
3.2. Estimates are made well before the Auction and may be altered at any time prior to the sale.
3.3. The Estimate represents an estimate of the hammer price and does not include the Buyer’s premium or VAT.
3.4. Estimates are in no sense definitive and are intended merely as a guide.
4. Faulty Goods
4.1. Where the letters “(a/f)” appear in our description of any Lot it means that the Lot is faulty.
4.2. Lots not being marked with “(a/f)” does not imply that this Lot(s) is without faults or defects.
4.3. All Lots are sold as seen and should be examined prior to sale.
5. Condition Reports
5.1. At the request of a Buyer who is unable to view Lot(s) prior to an Auction; PFW may be able to assist by providing a condition report.
5.2. Requests must be made in writing, including by email, in the week prior to an Auction.
5.3. Condition Reports are based solely on the own opinion of PFW and are for guidance only.
5.4. No responsibility is accepted for the accuracy of the Condition Report; potential Bidders are strongly recommended to view Lots.
6. Methods of Bidding
6.1. Bids may be made as follows:
6.1.1. in person with a bidding card;
6.1.2. by completing, and signing, the standard Bidding Form;
6.1.3. by e-mail received no later than 10am (UK time) on the morning of the Auction;
6.1.4. by telephone;
6.1.5. by prior booking of a telephone line to bid for a specific Lot. This service is subject to line availability and is at the Auctioneer’s absolute discretion. A telephone line cannot be booked unless the Bidder is prepared to bid to a value exceeding £100.00 and provided that the Bidder provides their full name, permanent address, telephone number and the debit card details they intend to use for the purchase; or
6.1.6. by bidding via our website. Please note, your bid will only have been accepted if you are registered on this website and you have received an automated response email stating the same.
6.2. PFW executes absentee bids (referenced in Part 2 clauses 6.1.2 to 6.1.6 above) as a convenience for Bidders and/or Buyers and accepts no responsibility for inadvertently failing to execute bids or for errors relating to the execution of the same.
6.3. Bidders attending in person for the first time must register prior to bidding, as per the Attendance Conditions set out above, and bring a form of photographic identification (i.e. driving license or passport) and proof of address.
6.4. You will be provided with a bidding paddle number which should be returned to a member of staff after the Auction.
6.5. You will only be required to register on your initial visit but on each subsequent visit you will be issued with a bidding number for that particular Auction.
7. High Value Lot(s)
7.1. On occasion, for High Value Lot(s), Bidder’s will be asked to place a deposit, calculated on a percentage of the value of the relevant Lot(s), in order to bid for the same.
8. Buyer’s Premium
A Buyer’s premium of 24% (inclusive of VAT) is charged on the hammer price of each Lot.
9. VAT – The Auctioneer’s Margin Scheme
9.1. VAT will be payable by the Buyer on the hammer price of any Lot when the Seller is a registered taxable person not selling within the Auctioneer’s Margin Scheme.
9.2. VAT is payable on any Lot(s) marked with a “(+)” in the catalogue.
10. Methods of Payment
10.1. Payment can be made as on the day of the Auction, at any time in accordance with Part 2 clause 11, in the Showroom.
10.2. Payment will be accepted via by debit card, cash, bank transfer or through our secure website.
10.3. Credit cards will not be accepted.
10.4. Payment made through our secure website cannot exceed £200.
10.5. Buyers who cannot make payment in person, should to so directly through our secure web site or by bank transfer (details will be set out at the bottom of the PFW invoice).
10.6. Card payments can only be made over the telephone for amounts up to £200 (unless previously agreed with the Auctioneer).
10.7. For payments made over the telephone, we will require proof of ID and production of payment card at the time of collection.
10.8. PFW staff will be able to inform you of what payment cards are accepted.
10.9. If you require clarification on any aspect of the above, please ask the Auctioneer or a member of his staff who will be happy to assist you.
11. Payment and Collection of Purchases
11.1. Lots can be paid for and collected during the Auction at the Showroom, approximately 30 minutes after the Lot is sold.
11.2. If there is an issue or dispute regarding the sale of the Lot or the Lots, you will not be able to collect these until the Auctioneer is available to settle the dispute or resolve the issue.
11.3. Only the Auctioneer has responsibility for resolution of any issue or dispute and no other member of PFW staff will be able to resolve these issues/disputes during or after the Auction.
11.4. The Auctioneer will be available at the specified lunch and post auction times as set out in the Auction Catalogue.
11.5. The available times as per Part 2 clause 11.4 above and stated in the Auction Catalogue are an estimate of the Auction timings and may not reflect the exact timings on the day.
11.6. Any Lots not paid for and collected on the day of the Auction should be paid for at the Showroom which is open on the Sunday immediately after each Auction from 8am to 12 noon and weekdays from 9am to 5pm.
11.7. All Lots must be paid for and collected within 10 days.
11.8. Any Lot(s) not collected within the 10-day period will incur storage charges of at least £2 per day.
11.9. Goods will not be released until payment has been received.
12. Postage and Packing
12.1. PFW will, if required, provide the Buyer with details of local carriers who will be able to assist with delivery. Any such arrangements must be made directly with the local carrier and the Auctioneer will not be responsible in any way.
12.2. PFW offer a packing and postage service for Lot(s) bought through our Auction but please note that PFW are not professional packers and whilst we will pack Lot(s) to the best of our ability we will not take any responsibility for loss or damage to Lot(s) packed by us once they have left our office.
12.3. Rough estimates of our standard charges are as follows:
12.3.1. £13 for Lot(s) under 1kg in a Jiffy bag;
12.3.2. from £18 for Lot(s) over 2kg; and
12.3.3. variable for Lot(s) posted to the Highlands and Islands and addresses outside the UK.
12.4. Goods paid for by telephone will only be posted to the address to which the payment card is registered and which accords with the address on our records.
13. Artists Re-Sale Rights
Under a European directive there is a resale royalty payable to some artists on works of art sold for 1,000 Euros or more. This will be charged to the Buyer and the amount will be based on the hammer price and exchange rate. This payment is passed on to the relevant Collecting Society without fee or VAT. The royalty charge is added to invoices and must be paid before purchases are removed. Buyers must satisfy themselves prior to bidding whether or not any Lot(s) will attract payment under the Artist’s Resale Right.
Further details can be found on the Intellectual Property Office website at www.ipo.gov.uk/businessguidance.pdf
PART 3. SELLERS TERMS AND CONDITIONS OF SALE BY AUCTION
1. Scope of Part 3 – Sellers Conditions
1.1. The following information is intended to assist Sellers.
1.2. All sales are conducted under our Sellers Conditions, as follows, which are readily available for inspection and the PFW staff will be happy to assist should you require any further information.
1.3. The Sellers Conditions are in addition to all Terms and Conditions as listed on the Website.
1.4. The Seller agrees that all Lots will be sold under the Sellers Conditions and the other Terms and Conditions listed on the Website, as updated from time to time.
2.1. All Goods delivered to the PFW Premises will be deemed to be delivered for sale by Auction unless otherwise previously stated in writing.
2.2. Goods will be catalogued and sold at PFW’s discretion and accepted by PFW subject to Part 4 – Goods Conditions.
2.3. By delivering the Goods to PFW for inclusion in their Auction sales each Seller acknowledges that he or she has accepted and agreed to be bound by each Parts 1, 3, 4 and 5 of the PFW Terms and Conditions.
3.1. Commission is charged to Sellers on the hammer price of each Lot at the rate of 15% up to, and including, £1,500.00.
3.2. Should the hammer price exceed £1,500.00, commission will be charged at 15% on the first £1,500.00 and 10% on any remaining balance of the hammer price. (i.e. if the hammer price is £2,000.00; £1,500.00 will be charged at 15% and remaining balance of £500 will be charged at 10%).
3.3. VAT is chargeable on the commission at the appropriate rate prevailing by law at the date of the sale. (Subject to a minimum charge of £6 + VAT per Lot)
4.1. All Lots stored on PFW’s Premises are insured against fire, theft or accidental damage while on PFW’s Premises.
4.2. Sellers are charged at the rate of 1% of the hammer price, plus VAT, or on the Auctioneer’s best estimate of what the hammer price would have been had the Lots sold.
5. Photographs and Illustrations
5.1. All Lots are photographed and the following fees are payable:
5.1.1. Website photographs - £5.00 plus VAT for each Lot sold at £50 or over (or not sold with a reserve above the lower Auction estimate).
5.1.2. Website Photographs - £2 plus VAT for each Lot sold for under £50 (or not sold with a reserve above the lower estimate).
5.1.3. 1 photograph in The Antique Trades Gazette or any other publication - £25.00 plus VAT
5.1.4. 1 photograph in the Sale Catalogue - £25.00 plus VAT.
6. Rights to Photographs and Illustrations
6.1. The Seller gives PFW full and absolute right to photograph and illustrate any Lot placed for sale by Auction and to use such images at PFW’s absolute discretion (whether or not in connection with the Auction).
6.2. The copyright in respect of such illustrations and the text in any catalogue or on the Website shall be the property of PFW.
7. Removal Costs
7.1. Any Lot(s) for sale must be delivered to PFW’s Premises at the Seller’s own expense and within the stated deadline.
7.2. PFW may be able to assist the Seller with this process through an independent carrier however, PFW does not accept any liability for any damage caused while Goods are in transit.
7.3. Any charges incurred in respect of the above, must be dealt with by the Seller directly with the carrier.
8. Withdrawn Lots
Where a Seller cancels instructions for sale or where a Lot is withdrawn for any reason other than misattribution or authenticity, PFW reserves the right to charge a fee equal to the Seller’s commission and Buyer’s premium calculated on the Auctioneer’s best estimate of what the hammer price would have been had the Goods sold, together with any VAT thereon and expenses incurred in relation to the Lot(s) to be sold (e.g. insurance, storage, photography, etc)
9. Collection of Unsold Lots
9.1. All Lots must be inspected by the Seller before recovering from PFW's Premises.
9.2. PFW will not be responsible for any damage to Lots once they have been removed or if they have not been collected within ten days of the sale.
10.1. All Lots will be sold without reserve except those Lots which the Seller indicates are to have a reserve by completing and returning the pre-sale advice form to PFW’s Premises.
10.2. The pre-sale advice form will be sent, or emailed, to each Seller at the beginning of the week of the Auction.
10.3. It is the Seller’s responsibility to notify PFW if they do not receive a pre-sale advice.
10.4. Failure to return the pre-sale advice form will result in the articles being sold to the highest Bidder and under no circumstances will PFW be liable for unsatisfactory results.
10.5. Reserves given by telephone are accepted only at the Seller’s risk and must be confirmed in writing prior to the commencement of the Auction.
10.6. The Seller is entitled to place a reserve on any Lot(s) in accordance with Part 3 clause 10.1 being the minimum hammer price at which the Lot may be sold.
10.7. If the Seller specifically gives the Auctioneer “discretion” when placing a reserve, the Auctioneer may accept a bid of up to 10% below the formal reserve.
10.8. In the event of any reserve not being reached at Auction, PFW is entitled to sell after the Auction, by private treaty, at not less than the reserve, as long as the Goods remain on PFW’s Premises.
11. Unsold Lots
11.1. Any Lot(s) which do not reach their reserve and have therefore not sold will be charged at the rate of 2% plus VAT on the reserve (except when the reserve is within the Auctioneer’s estimate), plus any other fees payable under the Conditions.
11.2. All unsold Lots must be removed from PFW’s Premises within ten days of the sale date. If collection exceeds ten days a storage fee of £2.00 per Lot per day plus VAT will be charged.
11.3. After 1 calendar month following the Auction, if the Lot(s) have not been collected PFW reserves the right to dispose of the Lot(s) to a charity shop or otherwise as deemed fit by the Auctioneer without reserve and all charges will be deducted from the sale of the Lot(s).
11.4. Unsold Lots can be added to the Online Shop if explicitly requested by the Seller.
12. Re-Entering Lots for Sale
It is not PFW’s practice to re-enter unsold Lots into future Auctions and any unsold Lots must be collected in accordance with Part 3, clause 11 above.
13. Warranty of Title and Availability
13.1. The Seller warrants to PFW and to the Buyer that he or she is the true owner of the property or is properly authorised by the true owner to sell the property and is able to transfer good and marketable title to the property free from any third party claims.
13.2. The Seller hereby undertakes to indemnify PFW and any Buyer or third party against any loss or damage suffered as a consequence of any breach of Part 3, clause 13.1.
14. After the Auction
Even if the Seller or the Seller’s agent was present at the Auction the Seller should contact PFW to clarify the sale results.
15. Payment of Sale Accounts
15.1. Provided that the Buyer has paid for the Lots, sale accounts are to be settled within 21 days after the sale
15.2. Sale proceeds will be paid, as directed by the Seller, either by electronic bank transfer or by cheque to the Seller at their own address.
15.3. PFW act as agents for the Seller only and as such PFW does not accept responsibility for default by either the Buyer or the Seller.
15.4. PFW will not send cheques to anyone other than the Seller at the Seller’s address unless instructed otherwise by the Seller in writing.
16. Lots which are unacceptable for Auction
16.1. Any Lot delivered to PFW but deemed unacceptable for sale by the Auctioneer can, at the request of the Seller, be placed in the hands of another party.
16.2. PFW will not be liable for such Lots once they have been passed to the other party and the Seller must deal directly with the other party henceforth.
The Seller shall duly indemnify PFW against any claims in connection with any Lots sold by PFW on behalf of the Seller.
18. VAT on Seller’s Commission and Sale Expenses
Seller’s commission and sale expenses such as insurance, illustration and advertising are subject to VAT at the appropriate rate prevailing by law at the date of the sale.
19. VAT under Auctioneer’s Margin Scheme
19.1. VAT will be payable by the Buyer on the hammer price of Lots when the Seller is a registered taxable person not selling within the Auctioneer’s Margin Scheme. VAT is payable on any Lot(s) marked with an asterisk (*) in the catalogue.
19.2. It is the responsibility of the Seller to notify PFW if selling outside the Auctioneer’s Margin Scheme where VAT will be payable.
PART 4. TERMS AND CONDITIONS OF THE STANDARD OF GOODS
1. Scope of Part 4 – Goods Conditions
1.1. The following information is intended to assist Buyers, Bidders and Sellers.
1.2. All Goods and Lots are subject to our Goods Conditions, as follows, which are readily available for inspection and the PFW staff will be happy to assist should you require any further information.
1.3. The Goods Conditions are in addition to all Terms and Conditions as listed on the Website.
2. Description and Condition
2.1 Whilst PFW make every effort to ensure the accuracy of the catalogue and the description of any Lot:
a. Each Lot as set out in the catalogue or as divided or combined with any other Lot or Lots is sold by the Seller with all faults, imperfections and errors of description;
b. PFW does not accept responsibility for the authenticity, attribution, genuineness, origin, authorship, date, age, period, condition or quality of any Lot unless it has been instructed in writing by the Seller so to certify and, in such case, PFW does so as agent of the Seller and is not itself responsible for such claims;
c. All statements, whether printed in the catalogue, on the Website or made verbally as to any of the matters set out in (b) above are statements of opinion only and are not to be taken as being or implying any warranties or representations of fact by PFW unless it has been instructed to do so as agent of the Seller and is not itself responsible for such claims; and
d. Any claim under any Statute must be received in writing by the Auctioneer within 14 days of the Auction.
3. The Buyer and Bidding Procedures
3.1 Bidders are required to register their particulars and provide the requested identification prior to bidding.
3.2 The highest Bidder shall be the Buyer except in the case of a dispute. If during an Auction the Auctioneer considers that a dispute has arisen, he has absolute discretion to settle it or to re-offer the Lot. The Auctioneer may at his sole discretion determine the bidding increments or refuse a bid.
3.3 Every Bidder shall be deemed to act as principal unless there is in force written acknowledgement by PFW that it acts as agent on behalf of a named principal.
4. The Auction
4.1 The Auctioneer has absolute discretion to divide any Lot, to combine any two or more Lots or 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. The Auctioneer may bid on behalf of the Seller for all Goods which are being offered subject to any reserve or at the Auctioneer’s discretion.
4.2 Each Lot is put up for sale subject to any reserve placed by the Seller.
4.3 All conditions, notices, description, statements and other matters in PFW’s catalogue and elsewhere concerning any Lot are subject to any statements modifying or affecting the same made by the Auctioneer from the rostrum prior to any bid being accepted for the Lot.
Notwithstanding any other terms of these Conditions, if within 14 days after the sale PFW has received from the Buyer of any Lot notice in writing that in his view the Lot is a deliberate forgery and within twenty-one days after such notification the Buyer returns the same to PFW in the same condition as at the time of sale and by producing evidence, the burden or proof to be upon the Buyer, satisfies PFW that considered in the light of the entry in the catalogue the Lot is a deliberate forgery, then the sale of the Lot will be rescinded and the purchase price of the same refunded.
6. Private Treaty Sales
In the event of a sale by private treaty both the Seller and the Buyer agree to be bound by the Conditions.
PFW disclaims responsibility for default by either the Buyer or the Seller because they act as agent for the Seller only and therefore do not pay out to the Seller until payment is received from the Buyer.
Each Buyer by making a bid for a Lot acknowledges that he has satisfied himself fully before bidding by inspection or otherwise as to all the Conditions, the physical condition of and description of the Lot including but not restricted to whether the Lot is damaged or has been repaired or restored.
Each Lot is at the sole risk of the Buyer from the fall of the hammer. Each Buyer shall forthwith give his full name and permanent address, landline and mobile telephone number and if called upon to do so by the Auctioneer shall forthwith pay to PFW such proportion of the purchase price as the Auctioneer may require. If the Buyer fails to do so, the Lot may at the Auctioneer’s sole discretion be put up again and resold.
10. Removal of Goods
10.1. No Lot shall be claimed or removed until it has been paid for and the sale has been concluded.
10.2. All Lots shall be paid for and removed at the Buyer’s risk and expense by the end of the tenth working day after the sale or upon the clearance of any cheque used for payment failing which the Auctioneer shall not be responsible for the same if lost, stolen, damaged or destroyed and all Lots not so removed shall remain at the risk of the Buyer and subject to a minimum storage charge of £2.00 (+ VAT) per Lot per day.
10.3. Lots not collected within 10 working days will be stored in a location of which the Auctioneers deem suitable.
10.4. The Buyer is responsible for collection of the Lot from the location as specified in Part 4, clause 10.3 above and payment of any reasonable storage fees. Collection of the same can only take place once the reasonable fees have been paid.
10.5. In the event of any failure of the Buyer to comply with any of the above conditions the damages recoverable by the Seller or PFW from the defaulter shall include any loss arising on any re-sale of the Lot, together with the charges and expenses of both sales, together with interest at 2% above Barclays Bank PLC base rate upon the price of any Lot which has not been paid for within 48 hours of the sale and any money deposited in part payment shall be held by PFW on account of any liability of the defaulter to them or the Seller.
10.6. PFW are able to accept payment from successful Bidders by cash, debit card, paying funds direct to our bank account (details at bottom of invoice). or paying though our secure web site
10.7. PFW reserves the right to resell at Auction, by private treaty or on the Online Shop, any Lot not paid for and not collected within 28 days of purchase at Auction.
10.8. PFW reserves the right to resell at Auction, by private treaty or on the Online Shop, any Lot paid for but not collected within 6 calendar months of purchase at Auction and to deduct all expenses due to PFW.
11. Purchase Price
11.1. The Buyer shall pay the hammer price together with a premium of 24% (inclusive of VAT) of the hammer price.
11.2. The premium attracts VAT (on the commission only) at the appropriate rate prevailing by law at the date of the sale and is payable by all Buyers.
12. Rights to Photograph and Illustrations
The Buyer gives PFW full and absolute right to use such photographs and illustrations of Lots sold at Auction at any time at its absolute discretion (whether or not in connection with the Auction).
13. Third Party Liability
Every person on PFW’s Premises at any time shall be deemed to be there at his or her own risk. He or she shall have no claim against PFW in respect of any accident which may occur or injury, damage or loss howsoever caused, save insofar as the injury, damage or loss shall be caused by the direct negligence of PFW employees.
14. Exchange Rate Information
14.1. The currency exchange rates are those prevailing on the date shown.
14.2. These exchange rates are for GUIDANCE only.
14.3. All bids submitted will be converted to GBP (£) based on this exchange rate and all bids will be executed in GBP (£).
14.4. The Buyer will receive an email confirming his bid in GBP (£) and if successful is liable to pay this in GBP (£) at the exchange rate prevailing when he settles his account.
PART 5. TERMS AND CONDITIONS OF THE WEBSITE AND THE ONLINE SHOP
1. Scope of Part 5 - Website Conditions
1.1. The following Website Conditions set out the legally binding Terms and Conditions for the use of the Website and the Online Shop.
1.2. The following information is intended to assist Buyers, Bidders and Sellers.
1.4. The Online Shop Conditions are in addition to all Terms and Conditions as listed on the Website.
1.5. This Agreement applies to all users of the Website including but not limited to users who are Sellers, Buyers, Bidders, customers, merchants and contributors of content, information and other materials or services on the Website.
1.6. The content of the pages of the Website is for your general information and use only. It is subject to change without notice.
1.7. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
1.8. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
1.9. All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
1.10. Unauthorised use of this website may give to a claim for damages and/or be a criminal offence.
1.11. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
2. The Online Shop and How it Works
2.1. Users of the Website have the opportunity to list and sell Lot(s) directly to other customers via the Online Shop.
2.2. An application for listing is sent to PFW by selecting the option to “add a Lot” after registering with the PFW Website.
2.3. Upon listing a Lot(s) you will be asked to enter a description and upload between 2 and 10 photographs of the Lot(s) for review by a member of the PFW team. At this point you will be asked to pay and entrance fee, as set out below in the “Entrance and Selling Fees” section of this Agreement.
2.4. For guidance on the writing of descriptions please see other Lot(s) listed on the PFW Website.
2.5. Multiple photographs of the Lot(s) should be sent to PFW in order to cut down on condition reports; these photographs must be taken within one month of the application for listing to ensure they resemble a true likeness of the Lot(s).
2.6. Should there be any change to the Lot(s) description or appearance it is the Sellers duty to alert PFW of these changes
2.7. Once a Lot(s) has been reviewed and deemed suitable for sale by a member of the PFW team it will be listed on the Online Shop for a 4-week period, i.e. 28 days.
2.8. The Online Shop is updated weekly by PFW; it is at this point that the 4-week period will begin.
2.9. If your Lot(s) is deemed unacceptable for listing the listing will be refused and a refund on the entrance fee will be given.
2.10. PFW withholds the right to deny the listing of any Lot(s) if it is deemed to be unacceptable for listing by a member of the PFW team
2.11. No monies will be paid to the Seller until the Lot(s) has been received and all descriptions are verified by PFW, or the Buyer, and all photographs deemed to have a true likeness to the Lot(s)
2.12. If items are unsold within the 4-week period, the Seller will be responsible for the collection of the Lots.
2.13. Unsold Lots should be collected within 5 days of the end of the 4-week period.
2.14. Any items not collected within 5 days will accrue storage charges of at least £2 per day, these reasonable charges are payable by the Seller.
2.15. Any items not collected within 28 days will be disposed of as the Auctioneer sees fit and no payment shall be due to the Seller.
3. Entrance Fees, Selling Fees and Other Charges
3.1. Listing Lot(s) on the Online Shop will incur entrance fees.
3.2. This fee will be charged at the time of application and will cover the 4 weeks, i.e. 28 days, listing as described in Part 5 clause 2 above.
3.2.1. £3 + VAT charge for a Lot advertised at up to £30
3.2.2. £5 + VAT charge for a Lot advertised at above £30
3.3. If sold, a fee of 10% (+ vat on charge) of the sale price will be incurred on all Lots
3.4. If unsold within the 4-week period, the Lots will be removed from the website but no refund on fees will be given
3.5. Should you wish to remove your Lot(s) from the Online Shop before the end of the 4-week period you must inform PFW as soon as possible and will be charged the 10% + VAT Sale Fee
4. Sage Pay and Card Payments
4.1. The maximum value for each separate transaction on the PFW Website cannot exceed £200.
4.2. PFW can only accept payment made directly into the PFW bank account through SagePay; you will be prompted to pay through this payment system once you have applied to list your Lot(s).
4.3. All payments made by the Buyer will be made directly to PFW through SagePay, PFW will then make payments directly into the Sellers bank account using bank details previously given through registration.
4.4. Whilst the use of a debit card in the online shop is free of charge, as per clause 4.1 above, there is a maximum transaction value of £200.
4.5. It is the responsibility of the Bidder/Buyer to confirm with the PFW staff what payment cards are accepted.
5. Content and Description of Lot(s)
5.1. The Seller is legally bound to give an accurate and true reflection of the Lot(s) being listed in the Online Shop.
5.2. As with all Lots within the Online Shop, whilst PFW makes every effort to ensure the accuracy of the Lots and the description of it through the application of listing process:
5.2.1. Each Lot(s) as set out in the Online Shop is sold by the Seller with all faults, imperfections and errors of description;
5.2.2. PFW does not accept responsibility for the authenticity, attribution, genuineness, origin, authorship, date, age, period, condition or quality of any Lot unless they have been instructed in writing by the Seller so to certify and, in such case, PFW do so as agent of the Seller and are not themselves responsible for such claims;
5.2.3. All statements, whether printed in the Online Shop, on the website or made orally as to any of the matters set out in (b) above are statements of opinion only and are not to be taken as being or implying any warranties or representations of fact by PFW unless they have been instructed to do so as agents of the Seller and are not themselves responsible for such claims;
5.2.4. Any claim under any Statute must be received in writing by the Auctioneer within ten days of the day of sale.
5.3. Where the letters “(a/f)” appear in our description of any Lot(s) it means that the Lot(s) is faulty but it does not imply that Lot(s) not so marked are without faults. PFW may be able to assist by providing a condition report but these are based solely on our own opinion and for guidance only and no responsibility is accepted for their accuracy.
5.4. Notwithstanding any other terms of these Conditions, if within 14 days after the sale PFW have received from the Buyer of any Lot(s) notice in writing that in his view the Lot(s) is a deliberate forgery and within 21 days after such notification the Buyer returns the same to PFW in the same condition as at the time of sale and by producing evidence, the burden of proof to be upon the Buyer, satisfies PFW that considered in the light of the entry in the shop the Lot(s) is a deliberate forgery, then the sale of the Lot(s) will be rescinded and the purchase price of the same refunded.
5.5. Unless stated in the description, all Lots are sold in working order.
5.6. Any Seller applying to sell Goods through the Online Shop warrants that:
5.6.1. They will not list Lots that will tie the Buyer into a contract of any type or form;
5.6.2. They are the owner of those Goods and have the authority to sell them; and
5.6.3. The Goods are listed and Lots are sold free from any encumbrances.
5.7. Any court proceedings arising from false descriptions, photographs or a non-compliance with PFW Terms and Conditions will be the sole responsibility of the Seller or Buyer
5.8. In accordance with Part 4, whilst PFW makes every effort to ensure the accuracy of the Lot(s) and the description of it:
5.8.1. Each Lot(s) as set out in the shop is sold by the Seller with all faults, imperfections and errors of description;
5.8.2. PFW do not accept responsibility for the authenticity, attribution, genuineness, origin, authorship, date, age, period, condition or quality of any Lot unless they have been instructed in writing by the Seller so to certify and, in such case, PFW do so as agent of the Seller and are not themselves responsible for such claims;
5.8.3. All statements, whether printed in the shop, on PFW’s website or made orally as to any of the matters set out in (b) above are statements of opinion only and are not to be taken as being or implying any warranties or representations of fact by PFW unless they have been instructed to do so as agents of the Seller and are not themselves responsible for such claims; and
5.8.4. Any claim under any Statute must be received in writing by the Auctioneer within 14 days of the day of sale.
6. Postage and Packaging
6.1. Postage and Packaging costs for the delivery of sold Lot(s) will be met by the Buyer.
6.2. PFW cannot receive Goods from or deliver Goods to any location outside of the United Kingdom
6.3. All Lot(s) should be sent to PFW either before sale or within 48 hours of sale, PFW will then deliver the Goods to the Buyer.
6.4. Once these Lot(s) are received by PFW there will be a 5-day lead time on Lot(s) being sent to the Buyer
6.5. Furniture can be arranged to be collected from the Seller, however, this must be noted in the description and PFW must be notified of this prior to the end of sale.
6.6. PFW will, if required, provide the Buyer with details of local carriers who will be able to assist with delivery. Any such arrangements must be made directly with the local carrier and P F Windibank will not be responsible in any way.
6.7. PFW offer a packing and postage service for Lot(s) bought through our shop but please note that P F Windibank are not professional packers and whilst we will pack Lot(s) to the best of our ability we will not take any responsibility for loss or damage to Lot(s) packed by us once they have left our office.
6.8. Rough estimates of our standard delivery charges are as follows:
6.8.1. £13 for Lot(s) under 1kg in a Jiffy bag;
6.8.2. from £18 for Lot(s) over 2kg; and
6.8.3. variable for Lot(s) posted to the Highlands and Islands and addresses outside the UK.
6.9. Goods paid for by telephone will only be posted to the address to which the payment card is registered and which accords with the address on our records.
6.10. The currency exchange rates are those prevailing on the date shown.
6.11. These exchange rates are for GUIDANCE only.
6.12. Any Lot(s) will be converted to GBP (£) based on this exchange rate and all Lot(s) will be executed in GBP (£).
7. Goods Deemed Unacceptable for Listing
7.1. Goods that may be deemed unacceptable for listing include but are not limited to the following. Please note that this list is not exclusive and PFW reserve the right to deem any Goods unacceptable for listing:
7.1.1. Electrical Goods with no wiring guarantee, please note electrical Goods with a wiring guarantee may still be acceptable for listing;
7.1.2. Upholstered Goods not meeting fire regulation;
7.1.3. Goods subject to trading restrictions;
7.1.4. Fake Goods or duplicates;
7.1.5. Any Goods deemed to be dangerous, flammable or poisonous; and
7.1.6. Any Goods that is not free from any encumbrance or form of contract or lease.
We are committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
We may change this policy from time to time by updating this page. You should check this page to ensure that you are happy with any changes.
1. What we collect
We may collect the following information:
• company name
• contact information including email address
• demographic information such as postcode, preferences and interests
• other information relevant to customer surveys and/or offers
2. What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
a) Internal record keeping.
b) We may use the information to improve our products and services.
c) We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
5. Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
6. Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways:
a) Whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes;
b) If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us, or clicking on the unsubscribe or opt-out link in our email marketing emails.
We will not sell, distribute or lease your personal information to third parties (unless we are required by law to do so). We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
You may request details of personal information which we hold about you under the Data Protection Act 1998.
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.
7. Shop Transactions and Security
Windibank.co.uk does not directly process your payment and debit card information will never be entered on our website. Your name, invoicing address, delivery address and contact details that are entered during the checkout process are encrypted (using SimpleXOR and Base64) and passed to SagePay (our chosen payment processing partner) for processing. SagePay then process your payment securely using their chosen security and encryption methods (please see www.sagepay.com for more details).