Conditions of Sale
1. The highest accepted bidder for each lot shall be, subject to the Vendor’s reserve (if any), the purchaser thereof. If any dispute shall arise as to any bidding the lot in dispute shall be immediately put up for sale again at the last undisputed bidding, or the dispute may be determined by the Auctioneers. The Auctioneers reserve the right of bidding for, withdrawing from, consolidating or dividing any lots, or varying the order of the sale.
2. No person shall advance less at a bid than a sum to be named from time to time by the Auctioneers and no bid shall be retracted. The Auctioneers may, without giving any reason therefore, refuse to accept the bidding of any person or persons.
3. The purchaser of each lot shall give their name and address and shall (if required) pay the Auctioneers 25 per cent of the purchase money as earnest and in part payment. If any purchaser fails to comply with any of these conditions the lot or lots in question may, if the Auctioneers think fit, be put up again and resold. If upon resale a lower price is obtained for any lots than were obtained from the first sale the difference in price shall be a debt due from the defaulter at the first sale.
4. Every care is taken to ensure accuracy concerning authorship, origin, age, condition, etc., but all such statements represent opinion and are not to be taken as statements or representations of fact. The Auctioneers reserve the right in forming their opinion to consult and rely upon any expert or authority reasonably considered by them to be reliable.
5. Although every effort has been made to ensure accuracy, as stated in paragraph 4 above, no warranty is given with any lots and the Auctioneers are not responsible for the correct description, genuineness or sufficiency of, or any fault or defect in any lot. Any purchaser (home or overseas) who is represented by an Agent in the room and who feels dissatisfied with purchase(s) shall claim against his agent and shall have no claim whatsoever upon the Auctioneers. No sale shall be invalidated by reason of any defect or faults in any of the lots by reason of the lots being incorrectly described in the catalogue, and no compensation shall be paid in respect of any faults or errors of description.
6. Notwithstanding the preceding condition, if within seven days of the receipt of any lot the buyer gives notice in writing to the Auctioneer that the lot sold is a forgery and he returns the lot (within 48 hours, overseas 7 days) in the same condition as it was at the time of the sale to the premises of the Auctioneer and there shows that considered in the light of the terms of the catalogue the lot sold is a forgery, the Auctioneers are authorised to, and will rescind the sale and approach the vendor (if already paid) for the return of the proceeds.
Please note: Third Reich German Items – it becomes increasingly difficult to ascertain the authenticity of certain pieces. We catalogue all Third Reich items as seen and offer no guarantee to their authenticity. In view of this Third Reich items purchased are sold and not returnable under this notice.
7. Each lot shall be at the Purchaser’s risk from the fall of the hammer, and except in the case of postal bidders shall be cleared away by the purchaser at his or her own expense. Each lot must be paid in full before delivery and in the event of any person purchasing more than one lot the whole must be paid for in full before delivery of any part thereof. No lot shall be removed without a delivery order signed by the Auctioneers or their Clerk. On no account will the assignment or transfer of any lot by the purchaser there be allowed.
7a. Legal title to any lot shall not pass to the purchaser until payment in full of all sums due has been received by the Auctioneers.
8. Purchasers shall be answerable for any damage or loss occasioned by the removal of their respective lots either to the lots or the premises, the amounts of such damage to be assessed by the Auctioneers. After the conclusion of the sale the Auctioneers will not hold themselves responsible if the lots be lost, stolen, damaged or destroyed, but they will be left at the sole risk of the purchasers. Purchased lots that have been paid for may be cleared during the auction.
9. Upon failure of any purchaser to comply with any of the above conditions any money deposited by him or her in part payments shall be forfeited to the owner of the lot, he paying there out all expenses. Any lot not paid for within seven days of the purchase date shall be resold by public auction or private contract and the deficiency (if any) arising from such a resale together with all expenses attending the same shall be made good by the defaulter at this sale who shall have no claim to any surplus which may arise on a resale.
10. The Auctioneers’ description of conditions of antique and modern firearms is for guidance as collectors’ pieces only and does not refer to their suitability for use. It is recommended that any firearms purchased with a view to being used should first be checked by a competent gunsmith. The Auctioneers can accept no responsibility if these weapons are fired.
11. The above applies to all commission bidders, and where an agent purchases on behalf of an undisclosed client such an agent shall be personally liable for payment of the purchase price to the Auctioneers and for safe delivery of the lot to the said client.
12. Vendors who send for sale by auction any goods that are an asset of their business must inform the Auctioneers if they are registered for VAT purposes and, if so, the registration number must be given.
13. Bids are accepted on the understanding that a 24% plus VAT buying premium will be added to the purchase price and the Auctioneers are NOT responsible for any bids submitted which may inadvertently include this 24% plus VAT buying premium. The buying premium is subject to VAT at the current rate. Live online bidding by easyliveAuction.com will incur an extra 3% plus VAT to this standard charge of 24% plus VAT unless selecting the £3 Flat Fee option. Bidding via thesaleroom.com shall incur an extra 4.95% fee plus VAT in addition to the standard 24% plus VAT commission charged by Wallis & Wallis.
14. Wallis & Wallis reserve the right, if necessary, to delay payment to the Vendors, pending receipt of moneys to complete overseas and home transactions.
15. All lots are insured by the Auctioneers while in their custody at their premises, subject to the terms, conditions, and exclusions of the Auctioneers’ insurers. Such insurance does not necessarily cover the full value of the lot and is for the benefit of the Auctioneers only. Once dispatched or collected, lots are no longer the responsibility of the Auctioneers.
16. Purchased lots must be collected within twenty-one (21) calendar days of the sale date. Lots not collected within this period may be subject to a storage charge of £2 per lot per day plus VAT. The Auctioneers reserve the right to move or store lots at the purchaser’s expense and to resell lots without reserve to recover storage charges and associated costs.
17. Important Notice to our U.K. Clients.
If you intend to purchase collectible bladed weapons, obsolete weapons, or de-activated weapons from our Auctions, you must be over 18 years of age and proof will be required prior to shipping or collection. If you do purchase an item from our Auctions you also confirm that under Section 21 of the 1968 Firearms Act, you are of legal age and are NOT a prohibited person who has been convicted of a firearms or criminal offence.
17a. Bladed Items (Overseas Buyers)
Due to updated regulations imposed by many International postal services, bladed items must now be sent using approved specialist couriers. Shipment is only possible where such items are legally permitted to be imported into the destination country. Please be aware that specialist courier services are costly. Wallis & Wallis LTD will only release swords or daggers once valid photographic identification confirming the buyer is aged 18 or over has been provided.
18. It is the responsibility of the bidder to ensure that all absentee bids are submitted to Wallis & Wallis no later than 24 hours prior to the start of the auction.
19. Please note we do not accept credit cards.
20. The auctioneer has the legal right to re-open any lot in the auction, even if the hammer has come down.
21. It is the sole responsibility of the purchaser to ensure that any lot purchased may be lawfully exported, imported, possessed, or owned in their jurisdiction. Any licences, permits, or authorisations required are the responsibility of the purchaser.
22. Nothing in these Conditions shall affect the statutory rights of a consumer as defined by the Consumer Rights Act 2015.
23. Personal data supplied by bidders and vendors will be processed by the Auctioneers in accordance with applicable data protection legislation, including the UK General Data Protection Regulation and the Data Protection Act 2018, and in accordance with the Auctioneers’ Privacy Policy.
24. These Conditions of Sale and all contracts arising from them shall be governed by and construed in accordance with the laws of England and Wales, and the parties submit to the exclusive jurisdiction of the English courts.
