TERMS AND CONDITIONS OF SALE
PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY BEFORE PLACING A BID ONLINE.
This document sets out the terms and conditions on which we offer the lots listed in our catalogue for sale at auction. By registering to bid and/or by bidding online, you agree to these terms and conditions and they will become contractually binding on you. They also set out certain limitations and exclusions of liability for us and the seller as we act as agent for the seller.
Please ensure that you have understood all charges, fees and taxes and any other costs that may be applied to your bid or [buy-online price] before you place your bid.
These Terms and Conditions of Sale set out the terms on which Wotton Auction Rooms Ltd of Tabernacle Pitch, Wotton Under Edge, Gloucestershire GL12 7EB (referred to as "we", "us", "our" and "ourselves" in these Terms and Conditions of Sale) and the seller offer the lots for sale.
By registering and/or by bidding in an online auction, or where you (also referred to as the "buyer”, “bidder” and “your” in these Terms and Conditions of Sale) purchase a lot, you agree that these Terms and Conditions of Sale and the Sale Particulars shall be contractually binding on you.
The seller for the purposes of an auction, is the owner of the lot at the time the sale is completed.
We will be selling the lot as the agent of the seller. This means that we are providing services to the third party seller to help them sell their lot and that we are concluding the contract for the sale of the lot on behalf of that third party seller.
As the agent of the third party seller, the contract of sale which is created by any successful bid for a lot, will be directly between you and the third party seller, and not between you and us. However, even though the sale is by us on behalf of the third party seller, we give certain undertakings to you directly. These are further described below in these Terms and Conditions of Sale.
The words in bold below are definitions used throughout these Terms and Conditions of Sale.
auction: the online auction sale where the lots are sold.
auctioneer: the individual auctioneer.
Authorised User: an individual authorised to execute transactions on behalf of an entity which has a registered transactional account.
buyer’s premium: the charge the buyer pays us along with the hammer price (currently 21.6%).
condition: the physical condition of a lot.
consumer: an individual acting for purposes which are wholly or mainly outside that individual’s trade, business or profession.
due date: has the meaning given to it in clause 6.
estimate: the price range included in the catalogue or any sales particulars within which we believe a lot may sell. Low estimate means the lower figure in the range and high estimate means the higher figure. The mid estimate is the midpoint between the two.
hammer price: the amount of the highest bid the auctioneer accepts for the sale of a lot.
lot description: the description of a lot in the catalogue for the sale/sales particulars, as amended by any notice given to you during the auction or Buy-Now sale.
online-only sale: a sale of a lot which is conducted solely by means of our online-only service sale platform.
online-only service: a platform and associated technical services accessible solely by online means which enables you to bid for and buy lots through an auction.
other damages: any special, consequential, incidental or indirect damages of any kind or any damages which fall within the meanings of ‘special’, ‘incidental’ or ‘consequential’ under law.
our: Wotton Auction Rooms Limited and/or we/us.
purchase price: has the meaning given to it in clause 6.
provenance: the ownership history of a lot.
reserve: the amount below which we will not sell a lot.
Sale Particulars: the lot information (the online description of the lot or lots offered for sale together with other information on the sale website relating to a lot and the conduct of the sale); lot notes; payment information; any onscreen notices displayed as part of a sale; and any Special Conditions of Sale which apply to any lot or group of lots offered for sale at the same time.
saleroom: the premises where the auction is held.
saleroom notice: a written notice posted next to the lot in the saleroom and on our website www.wottonauctionrooms.co.uk, which is also read to prospective telephone bidders or an announcement made by the auctioneer either at the beginning of the sale, or before a particular lot is auctioned.
seller: the owner of a lot.
VAT: Value Added Tax which is paid in addition to the purchase price and the buyer’s premium.
warranty: a statement or representation in which the person making it guarantees that the facts set out in it are true, accurate and correct.
1. BEFORE THE AUCTION
(a) Our description of any lot in the catalogue/sales particulars, and any other statement made by us (whether orally or in writing) about any lot, including about its nature or condition, artist, period, materials, approximate dimensions or provenance are solely our opinion and not to be relied upon as a statement of fact. All dimensions and weights given in our descriptions are approximate only and should not be relied upon.
1.2 OUR RESPONSIBILITY FOR OUR DESCRIPTION OF LOTS
We do not provide any guarantees or warranties in relation to the nature, provenance, authenticity or condition of a lot.
(a) The condition of lots sold in our auctions can vary widely due to factors such as age, previous damage, restoration, repair and wear and tear. The nature of the lots means that they will rarely be in perfect or as new condition. Lots are sold as seen, in the condition they are in at the time of the sale, without any representation or warranty or assumption of liability of any kind as to condition by us or by the seller.
(b) Any reference to condition in a catalogue or sales particulars entry will not amount to a full description of condition, and images may not show a lot clearly. A Lot may look different in print or on screen to how they look on physical inspection.
(a) If you are planning to bid on a lot, you should inspect it personally or arrange for a suitably qualified representative to inspect on your behalf prior to the auction and before you make a bid to make sure that you accept the description and the condition of the lot. If in doubt as to the condition of a lot we recommend that you take advice from a restorer or other appropriate specialist prior to bidding.
(b) Pre-auction viewings are open to the public free of charge. We may be available to answer questions at pre-auction viewings or by appointment.
Estimates are just that, they are based on the condition, rarity, quality and provenance of the lots and on prices recently paid at auction for similar items. Estimates can change or vary. Neither you, nor anyone else, may rely on any estimates as a prediction or guarantee of the actual selling price of a lot or its value for any other purpose. Estimates do not include the buyer’s premium, VAT or any other applicable taxes.
We or the auctioneer may, at our own discretion, withdraw any lot at any time prior to or during the auction sale of the lot. Neither us nor the auctioneer have any liability to you for any decision to withdraw.
2.1 NEW BUYERS
(a) If you have not previously bid with us and do not have an account, you will need to create an account following the instructions provided at www.wottonauctionrooms.co.uk and provide any required information and/or complete any necessary forms. In order to register and bid in online-only sales you must be at least 18 years old. If you have an existing account, you can sign into the online-only sale with your existing username and password and then subsequently register for the sale (if you have multiple accounts, you will need to select the account under which you wish to transact).
(b) If you are a returning buyer who has not bought anything from any of our auctions in the last two years or if you want to spend more than on previous occasions, we may at our discretion ask you for updated information. If you have any questions, please contact us on Tel: 01453 844733.
(c) You will need to give us enough time to process and approve your registration. We may, at our option, decline to permit you to register as a bidder.
(d) Sanctions, Anti-Money Laundering (AML) and Counter-Terrorist Financing (CTF) Measures
We are committed to the fight against money laundering and terrorist financing and compliance with relevant sanctions laws. To this end, you undertake to comply with our request(s) for Know-Your-Client (KYC), source of funds, and other information and documentation fully, accurately, and promptly. We may require such information and/or documentation from you at our sole discretion in order for us to comply with our Sanctions, AML and CTF policies and our obligations under UK and international law.
If, in our absolute discretion, you do not satisfy our buyer identification and registration procedures, inclusive of, but not limited to (i) you being obstructive or misleading in response to our requests for KYC, source of funds, identification, registration or other information and/or documentation (ii) you failing to provide KYC, source of funds or other documentation requested by us at all or to the standard we require, to be determined at our sole discretion, and/or (iii) passing any sanctions and/or AML and/or CTF checks to our satisfaction, we may refuse to register you to bid, and if you make a successful bid, we may cancel the contract for sale between you and the seller.
(e) You must make all transport and shipping arrangements. We may suggest handlers, packers, transporters or experts if you ask us to do so. For more information, please contact us on Tel:- 01453 844733. However, if we recommend another company for any of these purposes, we are not responsible for their acts, failure to act or neglect.
2.2 FAILURE TO PROVDE THE RIGHT DOCUMENTS
If in our opinion you do not satisfy our buyer identification and registration procedures and KYC including, but not limited to completing any anti-money laundering and/or anti-terrorism financing checks we require to our satisfaction, then we may refuse to register you to bid, and if you make a successful bid, we may cancel the contract for sale between you and the seller.
2.3 REGISTERING AS AN INDIVIDUAL/ON BEHALF OF A COMPANY
(a) When registering to bid either as an individual or on behalf of an entity, you accept that in making a bid, you are accepting personal liability to pay the purchase price (as defined in clause 6), unless it has been explicitly agreed in writing with us before the commencement of the auction that the bidder is acting as agent on behalf of an identified third party acceptable to us and we will only look to the principal for payment. In order to register to bid, you are required to supply the information requested, including a valid debit or credit card in your name or other accepted payment information.
(b) If you are bidding on behalf of an entity as an Authorised User against an entity’s transactional account with us, you must select the appropriate account at time of sale registration. If you do not already have an account, you will first need to create one; similarly, if the entity does not have a transactional account it will need to create one. In either situation, we may require your entity to provide certain documents or meet certain qualifications as set out below. Please contact us on Tel: [01453 844733] to set up your account or entity transactional account.
(c) We will require you, or, if you are registering to bid on behalf of a company in accordance with clause 2.3(b), your company, to provide the following types of information and/or documentation: Confirmation of registration (including, but not limited to, a Certificate of Incorporation or Certificate of Formation); Confirmation of beneficial ownership (e.g. schedule of shareholders, articles of association); Confirmation of registered address (e.g. utility bill, bank statement or recent postal envelope, if the registered address is not listed on company documents); for individuals: Photographic identification (e.g. your current driving licence, national identity card or passport) and a separate proof of your current address (for example, a current utility bill or bank statement, not a mobile phone bill, in your name and not more than 3 months old).
(d) We may also require the production of bank or other financial references or that you meet certain qualifications. We may also require deposits of a portion of a placed bid to be made to us. In such event, should you not be the successful bidder, your deposit shall be promptly returned to you. If you are the successful bidder, any such deposit shall be used to offset the appropriate portion of the purchase price.
(e) As a successful bidder, if you registered as a company bidder, your company will need to pay for any purchases via a credit card issued to the company account or via a bank transfer from the company, and not a personal account.
2.4 BIDDING ON BEHALF OF ANOTHER PERSON
(a) As authorised bidder: If you are bidding on behalf of another person who will pay us directly, that person will need to complete the registration requirements above before you can bid, and supply a signed letter authorising you to bid for him/her.
(b) As agent for a principal: If you register in your own name but are acting as agent for someone else (the “ultimate buyer(s)”) who will put you in funds before you pay us, you accept personal liability to pay the purchase price and all other sums due. We will require you to disclose the identity of the ultimate buyer(s) and may require you to provide documents to verify their identity.
2.5 CREDIT LIMITS
Each bidder is subject to an aggregate bidding limit and you should be notified of this when registering for an online-only sale. Any such bidding limit will apply to all lots for sale in that particular online-only sale and to all lots you bid upon in aggregate, not on a per lot basis. The bidding limit is based upon the maximum bid you make as opposed to the actual bid amount that is accepted. We, in our sole discretion, may lower or rescind this limit and have the ability to contact you to request the production of documents or information in relation to such limit. A maximum bid on a lot is deducted against the aggregate bidding limit and the bidding limit will not be reset until bidding on that lot closes. If you should reach the aggregate bidding limit based on the bids you place (whether maximum bids or actual bid amounts), you will not be able to place any further bids on those lots or any additional bids on other lots. You may adjust (i.e. remove, lower or increase) a maximum bid on a lot as long as the bids accepted on such lot have not met or exceeded the maximum bid amount. Should you wish to bid beyond your bidding limit or if you have a question regarding your bidding limit, please contact us on Tel: 01453 844733.
3. DURING THE AUCTION
3.1 CONNECTIVITY AND TECHNICAL ISSUES
(a) Broadband or other internet capacity constraints, firewalls and other technical issues beyond our control may create difficulties for some bidders including (but not limited to) accessing auctions and maintaining continuity of such access.
(b) We will not be responsible to you for errors or failures to execute bids placed on the internet, website or on your mobile device, including, without limitation, errors or failures caused by:
(i) any loss of connection on our or your end to the online-only auction;
(ii) (ii) a breakdown or problems with the online bidding software; and/or
(iii) a breakdown or problems with any internet connection, computer, mobile device or system.
Execution of online and mobile internet bids is a free service and we do not accept liability for your or our failing to access the bidding site or to execute an online or mobile internet bid or for errors or omissions in connection with this activity. In addition, we will not be responsible for any errors that may occur in the quality of digital images.
3.2 AUCTIONEER DICRETION
(a) We reserve the right, in our absolute discretion:
(i) to reject your registration to bid;
(ii) to reject, revoke or refuse to accept any bid (even those that have been previously accepted);
(iii) to withdraw or divide any lot or combine any two or more lots;
(iv) whether during or after the sale, to restart or continue the bidding even if the bidding has finished;
(v) to re-offer the lot as a new lot at a fixed price; or
(vi) in the case of error or dispute and whether during or after the sale, to continue the bidding, determine the successful bidder, cancel the sale of the lot, or re-offer and re-sell any lot. If any dispute relating to bidding arises during or after the sale, our decision in exercise of this option is final.
(b) We reserve the right to disable or deactivate your account at any time during or following the auction.
3.3 ONLINE BIDDING PROCESS – BIDDING INCREMENTS
(a) Bids may only be submitted between the dates and times specified in the Catalogue/Sale Particulars for that lot.
(b) As soon as you place and confirm your bid amount, the bid is submitted (subject to the aggregate credit limit referred to in clause 2.5). You accept and agree that bids submitted in this way are final and that you may not, under any circumstances, amend, retract or revoke your bid. We are not responsible for any errors you make in bidding. Once you have made a bid, the next bidding increment is shown on screen.
(c) Bidding generally opens at or below the low estimate and increases in steps (bidding increments) to be determined in our sole discretion.
(a) All lots are subject to a reserve. The reserve cannot be more than the lot’s low estimate.
(b) We reserve the right, in our absolute discretion, to lower the reserve of any lot in an online-only sale prior to the end of the sale.
3.5 THE RECORD OF THE SALE
The record of sale (our records which relate to the sale) will be taken as absolute and final in all disputes. In the event of a discrepancy between any online records or messages provided to you and the record of sale, the record of sale will govern. The Auctioneer will use their discretion and their decision is final and binding.
3.6 WITHDRAWAL OF LOTS
We reserve the right, at our complete discretion, to withdraw any lot from the sale, whether prior to or during the auction and shall have no liability whatsoever with regard to such withdrawal. Auctioneer may withdraw lots at their absolute discretion.
3.7 SUCCESSFUL BIDS
The highest bid will be the successful bid when the lot closes, unless we decide to use our discretion as set out in clause 3.2. This means a contract for sale has been formed between the seller and the successful bidder. Successful bidders will receive an email notification of any successful bid. Bidders are also requested to log in as soon as possible after the sale to obtain details of the outcome of their successful bid by checking their online account. We do not accept responsibility for notifying you of the result of your bids unless you are successful and you should check as soon as possible after the auction to get details of the outcome of your bid.
The successful bidder will receive an invoice at the end of the sale confirming their successful bid and will also be notified via the bidding platform.
4. BUYER’S PREMIUM, VAT, TAXES AND ARTIST’S RESALE ROYALTY AND SHIPPING CHARGES
4.1 THE BUYER’S PREMIUM
We will charge you a buyer’s premium of 18% on the hammer price of each lot sold plus an additional online buying premium of the hammer price is payable on all lots purchased via online auction. Please refer to the website for the additional charges for online bidding.
4.2 TAXES AND VAT
You are responsible for all applicable tax including any VAT, sales or compensating use tax or equivalent tax wherever such taxes may arise on the hammer price and the buyer’s premium. VAT charges and refunds depend on your particular circumstances. It is your responsibility to ascertain and pay all taxes due. VAT is payable on the buyer’s premium and, for some lots, VAT is payable on the hammer price. Following the departure of the UK from the EU (Brexit), UK VAT and Customs rules will apply only.
The successful bidder is responsible for all applicable taxes including any VAT, sales or compensating use tax or equivalent tax wherever such taxes may arise on the hammer price, the buyer’s premium, and/or any other charges related to the lot.
4.3 ARTIST’S RESALE ROYALTY
In certain circumstances the artist or the artist’s estate are entitled to a royalty known as ‘artist’s resale right’ when any lot created by the artist is sold. We identify these lots in our catalogue. If artist resale rights apply to a lot, you must pay us an extra amount equal to the royalty. We will pay the royalty to the appropriate authority on the seller’s behalf.
The artist’s resale royalty applies if the hammer price of the lot is over €1,000. The total royalty for any lot cannot be more than €12,500. We work out the amount owed as follows:
Living artists and the descendants of artists deceased within 70 years are entitled to receive a resale royalty each time their work is bought. The right applies only when the sale price reaches or exceeds the sterling equivalent of €1000 and is calculated on a sliding scale. Please note ARR is calculated in Euros. Auctioneers will apply current exchange rates.
Resale Price Royalty
Up to €50,000 4%
From €50,001 to €200,000 3%
From €200,001 to €350,000 1%
From €350,001 to €500,000 0.5%
Over €500,001 0.25%
ARR ix exempt from VAT.
4.4 SHIPPING CHARGES
(a) We do not arrange shipping of lots, therefore it is your responsibility to obtain an estimate of the cost of shipping your lot before you make the purchase. The shipping charges will not include (i) any applicable local
taxes and handling fees; (ii) any customs duty, import tax and any local clearance fees applicable for your country.
(b) It is your responsibility to ascertain and pay any applicable international duties, custom charges, taxes, charges and tariffs owed to the appropriate government entity or that otherwise need to be paid prior to shipment and/or delivery including any third-party charges necessary to facilitate shipment as well as any necessary insurance charges.
5.1 SELLER’S WARRANTIES
For each lot, the seller gives a warranty that the seller:
(a) is the owner of the lot or a joint owner of the lot acting with the permission of the other co-owners or, if the seller is not the owner or joint-owner of the lot, has the permission of the owner to sell the lot, or the right to do so in law; and
(b) has the right to transfer ownership of the lot to the buyer without any restrictions or claims by anyone else.
If either of the above warranties are incorrect, the seller shall not have to pay more that the purchase price (as described in clause 6) paid by you to us. The seller will not be responsible to you for any reason for loss of profits or business, expected savings, loss of opportunity or interest, costs, other damages or expenses. The seller gives no warranty in relation to any lot other than as set out above and, as far as the seller is allowed by law, all warranties from the seller to you, and all other obligations upon the seller which may be added to these Terms and Conditions of Sale by law, are excluded.
5.2 DISCLAIMER OF ADDITIONAL WARRANTIES
(a) To the fullest extent permissible under applicable law, we and the seller disclaim and exclude any and all other warranties of any kind relating to the lots and the online-only service, whether express or implied by statute or common law or otherwise. This disclaimer and exclusion does not affect your statutory rights as a consumer, nor your rights under the warranties in clauses 5.1 and 5.4.
(b) We are not responsible to you for any reason (whether for breaking these Terms and Conditions of Sale or any other matter relating to your purchase of, or bid for, any lot) other than in the event of fraud or fraudulent misrepresentation by us or other than as expressly set out in these Terms and Conditions of Sale.
(c) We are not responsible to you for any reason to give any representation, warranty or guarantee or assume any liability of any kind in respect of any lot with regard to merchantability, fitness for a particular purpose, description, size, quality, condition, attribution, authenticity, rarity, importance, medium, provenance, exhibition history, literature, or historical relevance. Except as required by local law, any warranty of any kind is excluded by this paragraph.
(d) We have no responsibility to any person other than a buyer in connection with the purchase of any lot.
(e) If, in spite of the terms in this clause, we are found to be liable to you for any reason, we shall not have to pay more than the purchase price paid by you to us. We will not be responsible to you for any reason for any other damages or expenses.
5.3 BUYER’S WARRANTIES
(a) You warrant that the funds used for settlement are not connected with any criminal activity, including tax evasion, and you are neither under investigation, nor have you been charged with or convicted of money laundering, terrorist activities or other crimes.
(b) Where you are bidding as agent on behalf of any ultimate buyer(s) who will put you in funds before you pay us for the lot(s), you warrant that:
(i) you have conducted appropriate customer due diligence on the ultimate buyer(s) and have complied with all applicable anti-money laundering, counter terrorist financing and sanctions laws;
(ii) you will disclose to us the identity of the ultimate buyer(s) (including any officers and beneficial owner(s) of the ultimate buyer(s) and any persons acting on its behalf) and on our request, provide documents to verify their identity;
(iii) the arrangements between you and the ultimate buyer(s) in relation to the lot or otherwise do not, in whole or in part, facilitate tax crimes;
(iv) you do not know, and have no reason to suspect that the ultimate buyer(s) (or its officers, beneficial owners or any persons acting on its behalf) are on a sanctions list, are under investigation for, charged with or convicted of money laundering, terrorist activities or other crimes, or that the funds used for settlement are connected with the proceeds of any criminal activity, including tax evasion; and
(v) where you are a regulated person who is supervised for anti-money laundering purposes under the laws of the EEA or another jurisdiction with requirements equivalent to the EU 4th Money Laundering Directive, and we do not request documents to verify the ultimate buyer’s identity at the time of registration, you consent to us relying on your due diligence on the ultimate buyer, and will retain their identification and verification documents for a period of not less than 5 years from the date of the transaction. You will make such documentation available for immediate inspection on our request.
5.4 OUR LIABILITY TO YOU
(a) We give no warranty in relation to any statement made, or information given, by us or by our representatives or employees about any lot and as far as we are allowed by law, all warranties and other terms which may be added to these Terms and Conditions of Sale by law are excluded. The seller’s warranties in clause 5.1 or in relation to any terms which are implied into contracts by law are their own and we do not have any liability to you in relation to those warranties.
(i) are not responsible to you for any reason (whether for breaking these Terms and Conditions of Sale or any other matter relating to your purchase of, or bid for, any lot) other than in the event of fraud or fraudulent misrepresentation by us or other than as expressly set out in these Terms and Conditions of Sale; or
(ii) do not give any representation, warranty or guarantee or assume any liability of any kind in respect of any lot with regard to merchantability, fitness for a particular purpose, description, size, quality, condition, attribution, authenticity, rarity, importance, medium, provenance, exhibition history, literature, or historical relevance. Except as required by local law, any warranty of any kind is excluded by this paragraph.
(c) Please be aware that our online bidding service is a free service and we are not responsible to you for any error (human or otherwise), omission or breakdown in these services.
(d) We have no responsibility to any person other than a buyer in connection with the purchase of any lot.
(e) If, in spite of the terms in paragraphs (a) to (d) above, we are found to be liable to you for any reason, we shall not have to pay more than the purchase price paid by you to us. We will not be responsible to you for any reason for loss of profits or business, expected savings, loss of opportunity or interest, costs or for other damages.
6.1 PURCHASE PRICE AND HOW TO PAY
(a) You must pay the purchase price:
(i) in the case of online auctions, no later than midday Saturday following the sale and after the close of the online auction, or if later, the time specified in the Sale Particulars;
(both being the “due date”).
(b) The purchase price is the total of the following amounts:
(i) the hammer price and the buyer’s premium (in the case of a sale by auction) plus the associated online buying charges
(ii) any amounts due under clause 4.2 (tax & VAT) above; and
(iii) any applicable amounts under clause 4.5 (artist’s resale royalty).
(c) We will only accept payment from the registered bidder. Once issued, we cannot change the buyer’s name on an invoice or re-issue the invoice in a different name. You must pay within the timescales stated above
(d) You must pay for a lot in the currency of the sale (pounds sterling). You must pay for any lot bought via the online only sale by a permitted credit or debit card in your name or by bank transfer. We will only accept debit or credit cards with a MasterCard, Visa, American Express. If you registered and bid as a company, your company will need to pay for any purchases via a debit or credit card issued to the company account. Partial payment of a lot, or payment across multiple debit or credit cards for a single lot, will not be allowed.
(e) Payment information is collected and processed directly by a third party service provider (“Payment Service Provider”) and not by us. We do not have access to, or retain any credit card information.
(f) By making a payment online via credit or debit card, you: (i) warrant that you are the cardholder; and (ii) acknowledge that we have no liability for your payment not reaching us where, for example payment is refused or declined by your card supplier. It is your responsibility to check with us and/or your card supplier that the payment has been accepted.
(g) Please contact us on Tel:- 01453 844733 for any questions relating to payments.
6.2 TRANSFERRING OWNERSHIP TO YOU
You will not own the lot and ownership of the lot will not pass to you until: (i) we have confirmed that you have met all bidder identification and registration procedures; and (ii) we have received full, clear and undisputed payment of all amounts due, even in circumstances where we have released the lot to you.
6.3 TRANSFERRING RISK TO YOU
(a) The risk in and responsibility for the lot will transfer to you from whichever is the earlier of the following:
(i) when the lot comes into your physical possession or that of any person or carrier you authorise to take possession of the lot; or
(ii) when you collect the lot if collection is permitted (the Sale Particulars will state if collection is allowed).
(b) The lot is at your risk if you choose to exercise any right you may have to cancel the contract for the purchase of the lot and you are responsible for insuring the lot against loss or damage until it is returned to us.
6.4 WHAT HAPPENS IF YOU DO NOT PAY
(a) If you fail to pay us the purchase price in full by the due date, we will be entitled to do one or more of the following (as well as enforce our rights under these terms and conditions and any other rights or remedies we have by law):
(i) to charge interest from the due date at a rate of 8% a year above the Bank of England base rate from time to time on the unpaid amount due;
(ii) we can cancel the sale of the lot. If we do this, we may sell the lot again, publicly or privately on such terms we shall think necessary or appropriate, in which case you must pay us any shortfall between the purchase price and the proceeds from the resale. You must also pay all costs, expenses, losses, damages and legal fees we have to pay or may suffer and any shortfall in the seller’s commission on the resale;
(iii) we can pay the seller an amount up to the net proceeds payable in respect of the amount bid by your default in which case you acknowledge and understand that we will have all of the rights of the seller to pursue you for such amounts;
(iv) we can hold you legally responsible for the purchase price and may begin legal proceedings to recover it together with all other losses, including but not limited to interest, legal fees and costs as far as we are allowed by law;
(v) we can take what you owe us from any amounts which we may owe you (including any deposit or other part- payment which you have paid to us);
(vii) we can reject at any bids made by you or on your behalf at any future auctions or to obtain a deposit from you before accepting any bids;
(viii) to exercise all the rights and remedies of a person holding security over any property in our possession owned by you, whether by way of pledge, security interest or in any other way as permitted by the law of the place where such property is located. You will be deemed to have granted such security to us and we may retain such property as collateral security for your obligations to us; and
(ix) we can take any other action we deem necessary or appropriate.
(b) If you owe money to us we can use any amount you do pay, including any deposit or other part-payment you have made to us, or which we owe you, to pay off any amount you owe to us for any transaction.
(c) If you make payment in full after the due date, and we choose to accept such payment we may charge you storage and transport costs from the date that is 7 calendar days following the auction in accordance with clause 7.
6.5 KEEPING YOUR PROPERTY
If you owe money to us, as well as the rights set out in 6.4 above, we can use or deal with any of your property in any way we are allowed to by law. We will only release your property to you after you pay us or in full for what you owe.
However, if we choose, we can also sell your property in any way we think appropriate. We will use the proceeds of the sale against any amounts you owe us and we will pay any amount left from that sale to you. If there is a shortfall, you must pay us any difference between the amount we have received from the sale and the amount you owe us.
(a) Provided that your purchased lots are paid for in full and clear funds by the payment deadline, we will store your purchased lots free of charge until shipment, which must be by mid-day the Saturday following the sale, at which time the purchases will be shipped at your expense in accordance with clause 7.
(b) We reserve the right in its sole discretion to charge storage fees on non-collected property following 7 days of receipt of payment by us if: (i) full and clear payment for your purchases has not been made in funds cleared by the payment deadline; (ii) we have permitted payment of your lot after the due date; or (iii) collection of your lot is permitted and you do not collect it within the period agreed.
(c) Please note that if collection of your lot is permitted and you fail to collect it within the period agreed by us, we reserve the right to move your lot to one of our other storage facilities and charge our storage rates at £2 per lot per day.
7. TRANSPORT AND SHIPPING
7.1 TRANSPORT AND SHIPPING
You must make all transport and shipping arrangements. We may suggest handlers, packers, transporters or experts if you ask us to do so. For more information, please contact us on Tel:- 01453 844733. However, if we recommend another company for any of these purposes, we are not responsible for their acts, failure to act or neglect.
7.2 EXPORT AND IMPORT
Any lot sold at auction may be affected by laws on exports from the country in which it is sold and the import restrictions of other countries. Many countries require a declaration of export for property leaving the country and/or an import declaration on entry of property into the country. Local laws may prevent you from importing a lot or may prevent you selling a lot in the country you import it into. We will not be obliged to cancel your purchase and refund the purchase price if your lot may not be exported, imported or it is seized for any reason by a government authority. It is your responsibility to determine and satisfy the requirements of any applicable laws or regulations relating to the export or import of any lot you purchase.
(a) You alone are responsible for getting advice about and meeting the requirements of any laws or regulations which apply to exporting or importing any lot prior to bidding. If you are refused a licence or there is a delay in getting one, you must still pay us in full for the lot.
(b) You alone are responsible for any applicable taxes, tariffs or other government-imposed charges relating to the export or import of the lot.
8. GENERAL TERMS
8.1 YOUR LEGAL RIGHTS
(a) Right to cancel the purchase of a lot.
(i) If the seller is a trader and not a consumer (as identified in the Sale Particulars) and you are a consumer you may have the right to cancel a purchase of the lot(s) from the date of the online auction until the date that is 14 days after the day you or your agent, other than a third party carrier, took possession of the lot(s) (“the Cancellation Period”). So for example, if the auction took place on the 1st January and the lot(s) were collected by you on 10th January you may notify us that you wish to cancel the purchase up to the end of the 24th January.
(ii) To exercise the right to cancel you must inform us, as we are offering to sell the lot either as agent for the seller, of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the model cancellation form set out in paragraph (c) below, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
(b) Effects of cancellation
(i) If you cancel the contract in accordance with the provisions set out 8.1 (a) (i-ii) above, we will reimburse to you all payments received from you to us, including the costs of delivery but not any extra costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us; or any import duties we incur as a result of you returning the lot to us.
(ii) We may make a deduction from the reimbursement for loss in value of any lots supplied, if the loss is the result of unnecessary handling by you.
(iii) We will make the reimbursement without undue delay, and not later than: (aa) 14 calendar days after the day we receive back from you any lot supplied; or (bb) (if earlier) 14 calendar days after the day you provide evidence that you have returned the lot.
(iv) We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the lot back or you have supplied evidence of having sent back the lot, whichever is earliest.
(v) You shall send back the lot or return it over to us at such address as we may specify for the purpose, without undue delay and in any event not later than 14 calendar days from the day after on which you communicate your cancellation from these Terms and Conditions of Sale to us. The deadline is met if you send back the lot before the period of 14 calendar days has expired. You will have to bear the direct costs of returning the lot. If we arranged for the lot to be delivered we estimate that the cost returning the lot by the same means is likely to be similar to the cost of delivery, but it is not possible for us to be more accurate as to this cost due to the many variables involved in our worldwide business model and the means by which a return might be made. You are only liable for any diminished value of the lot resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the lot.
(c) Model form of cancellation – Purchase of the Lot
To: Wotton Auctions Rooms Ltd, Tabernacle Pitch, Wotton Under Edge, Gloucestershire GL12 7EB, United Kingdom
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*], Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper), Date
[*] Delete as appropriate
8.2 EVENTS OUTSIDE OUR CONTROL
Neither we, you, nor the seller will be responsible for any failure to meet any obligation which we, you or the seller has under these Terms and Conditions of Sale or under the Sale Particulars which is caused by circumstances beyond our, your or the seller’s reasonable control. This includes, but is not limited to strikes, lock-outs, fire, flood, natural disasters, war, armed conflict, terrorist attack and nuclear and chemical contamination, pandemic, epidemic.
8.3 OUR ABILITY TO CANCEL
In addition to the other rights of cancellation contained in these Terms and Conditions of Sale, we can cancel a sale of a lot if (i) any of your warranties in clause 5.2 are not correct; (ii) we reasonably believe that completing the transaction is or may be unlawful or (iii) we reasonably believe that the sale places us or the seller under any liability to anyone else or may damage our reputation.
If a court finds that any part of these Terms and Conditions of Sale are not valid, or is illegal or impossible to enforce, that part of these Terms and Conditions of Sale will be treated as being deleted, and the rest of these Terms and Conditions of Sale will not be affected.
8.5 TRANSFERRING YOUR RIGHTS AND RESPONSIBILITIES
You may not grant a security over or transfer your rights or responsibilities under these Terms and Conditions of Sale on the contract of sale unless we have given our written permission. These Terms and Conditions of Sale will be binding on your successors, estate and anyone who takes over your rights and responsibilities.
8.6 PERSONAL INFORMATION
(b) Card and other payment information is collected and processed directly by a third party service provider (“Payment Service Provider”) and not by us. We provide the following information to the Payment Service Provider to enable payment to be processed: (i) name; (ii) billing address; and (iii) transaction amount. The Payment Service Provider may undertake fraud prevention reviews prior to processing any payment or as part of the payment process. Payment specific information which is submitted to the Payment Service Provider is processed on PCI compliant secure servers. The information submitted and used for processing payments is as below:
- Name and contact details including shipping and billing addresses
- Credit or Debit Card information
- Total transaction value
- Your IP Address from which you are checking out from
No failure or delay to exercise any right or remedy provided under these Terms and Conditions of Sale shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
8.8 LAW AND DISPUTES
This agreement, and any contractual or non-contractual dispute arising out of or in connection with this agreement, will be governed by English law. Before either you or we start any court proceedings and if you and we agree, you and we will try to settle the dispute by mediation in accordance with the CEDR Model Mediation Procedure. If the dispute is not settled by mediation, you agree for our benefit that the dispute will be referred to and dealt with exclusively in the courts of England and Wales.