Introduction & Agency Status
By signing a consignment document or registering to bid, you agree that all items (lots) are submitted for sale or purchased subject to these standard terms and conditions. Our full terms are always available to view at hartwellauctions.com, and printed copies are available upon request.
Hartwell Auctions Ltd (hereinafter referred to as "Hartwells") acts solely as agent for the Seller, unless expressly stated otherwise in writing or within the official catalogue description. The contract of sale for any given Lot is concluded directly between the Seller and the Buyer. Consequently, Hartwells, its employees, and its agents assume no liability or responsibility whatsoever for any default, breach of contract, or tortious act committed by either the Seller or the Buyer.
Terms & Definitions
In these Conditions of Sale, the following definitions shall apply:
Seller: The person, firm, or company offering the Lot for sale, who warrants that they are the legitimate owner or are expressly authorised by the legitimate owner to sell the Lot with full title guarantee.
Buyer: The person, firm, or company who places the highest bid accepted by the Auctioneer at the fall of the hammer or the closing of a digital lot.
Lot: Any item or items deposited with Hartwells with a view to its or their sale at public or digital auction.
Hammer Price: The price in pounds sterling (£) at which a Lot is knocked down by the Auctioneer to the Buyer, or the final closing bid recorded on a digital timed auction platform.
Buyer’s Premium: The percentage commission payable directly to Hartwells by the Buyer on the Hammer Price for Hartwells' own absolute benefit.
Balance Due: The total outstanding sum payable by the Buyer to Hartwells, comprising the Hammer Price, the Buyer’s Premium, any applicable Value Added Tax (VAT), and any supplemental storage, insurance, packing, or shipping charges.
Sale Proceeds: The net sum due to the Seller, being the Hammer Price less the Seller’s agreed commission, expenses, VAT, and any other sums legally owed by the Seller to Hartwells.
Auctioneer: The representative of Hartwells conducting the auction sale or overseeing the digital platform.
SECTION A: CONDITIONS FOR SELLERS (CONSIGNORS)
A1. Before the Sale: Reserves & Cataloguing
Reserve Prices: All items are sold without reserve unless specified on your consignment note, or emailed to us at hello@hartwellauctions.com at least 5 days prior to the auction.
Minimum Reserve: Our minimum acceptable reserve is £25. Any item submitted with a requested reserve below £25 will be offered without a reserve.
Auctioneer’s Discretion: We operate with a standard 10% discretion on all reserves. The auctioneer is authorised to sell an item if the highest bid falls within 10% of the agreed reserve price.
Catalogue Confirmation: Once our auction catalogue is finalised, we will email you a formal advice notice confirming your entries. We will assume all entries are acceptable unless we hear from you at hello@hartwellauctions.com at least 5 days prior to the auction.
A2. Seller Fees and Commissions
All seller commissions are subject to VAT at the prevailing rate.
General Live Sale (Sold items): 15% (excluding VAT)
Specialist Timed Auction (Sold items): 15% (excluding VAT)
Item Withdrawal (Before the sale): 30% of the agreed reserve price (or mid-estimate if there is no reserve)
Unsold Items (With agreed reserve): No charge
Unsold Items (With unagreed reserve): 10% of the requested reserve price
A3. After the Sale: Results & Payouts
Notification: We will email you the official results of your items after the auction ends.
Payment: Your Sale Proceeds payout will be sent via bank transfer within 30 days of the sale, provided we have successfully collected payment from the buyer.
A4. Unsold Items & Storage
Collection Window: All unsold items must be collected within 14 days of the auction.
Storage Fees: If you arrange to collect your items after this 14-day window, a daily storage fee will apply (as detailed in our main notices), unless a prior extension is agreed in writing.
Disposal & Re-entry: If items are left uncollected after 14 days, you authorise the auctioneer to take one of the following actions at their sole discretion:
Re-enter the item into a future auction with the reserve price reduced by 20%.
Re-enter the item into a future auction with no reserve if it falls under the £25 minimum after the 20% reduction.
Re-enter the item into a future auction with our originally suggested reserve if unsold at an unagreed reserve.
Dispose of the item (uncollected items that we deem unsaleable will be disposed of at our discretion).
SECTION B: CONDITIONS FOR BUYERS
1. Before the Sale: Inspection and Due Diligence
1.1 Catalogue Descriptions: All statements contained in any catalogue, advertisement, website, or invoice concerning ownership, attribution, genuineness, origin, date, age, provenance, condition, or estimated selling price are statements of opinion only. Hartwells reserves the right to change its opinions at any time. Neither Hartwells nor its servants or agents are responsible for the correctness of such opinions, and no warranty is given regarding the factual accuracy of descriptions.
1.2 Buyer’s Responsibility: Prospective Buyers are strongly advised and expected to examine any Lot in person prior to bidding. The Buyer must completely satisfy themselves as to the accuracy of the catalogue description, alongside the physical condition, state, authenticity, and nature of the Lot before bidding.
1.3 Condition of Goods: All Lots are sold second-hand, strictly as seen, and with all faults, imperfections, and errors of description (if any). The absence of any reference to prior restorations, alterations, or defects in the description does not imply that the Lot is free from them. Illustrations, digital renderings, and photographs are for guidance and identification purposes only and must not be relied upon to accurately depict the tone, precise colour, or overall physical condition of a Lot. Hartwells provides designated physical viewing days at its premises prior to both Live Auctions and Timed Auctions; because the opportunity for comprehensive in-person inspection is expressly provided, all statutory implied terms as to quality, fitness for purpose, and description are excluded to the maximum extent permitted by law pursuant to the Consumer Rights Act 2015.
1.4 Condition Reports: Any written or verbal condition report provided by Hartwells or its staff is given purely as a courtesy and a statement of opinion. It does not constitute a legal warranty or representation of fact and carries no contractual weight. Hartwells accepts no liability for any omissions or errors within a condition report. No refunds or rescissions will be issued on the grounds that a Lot is incomplete, non-working, or altered.
1.5 Measurements: All dimensions, weights, capacities, and quantities stated in the catalogue or condition reports are approximate and provided solely for guidance.
1.6 Catalogue Amendments: Descriptions and estimates may be amended prior to the auction by way of notices posted in the saleroom, announcements made verbally by the Auctioneer, or digital updates to the online catalogue. It remains the Bidder's sole responsibility to check for updates prior to placing a bid.
1.7 Electrical Goods: Lots comprising electrical or electronic items are sold strictly as antique items, curiosities, or historical specimens for display purposes only. They have not been tested for safety compliance and are legally deemed unsafe for connection to a mains electricity supply. Hartwells strongly advises that any such Lot be inspected and certified by a qualified electrician prior to any attempt at operation.
1.8 Estimates: Any estimates provided represent Hartwells’ subjective opinion of the likely Hammer Price range and must not be relied upon as a formal valuation or a guarantee of the eventual sale price. Goods may frequently sell above or below printed estimates.
1.9 Reserves: Lots may be subject to a confidential minimum price (the "Reserve"). The minimum acceptable reserve is £25. The Auctioneer operates with a standard 10% discretion on all reserves, meaning the Auctioneer is authorised to sell an item if the highest bid falls within 10% of the agreed reserve price. The Reserve will never exceed the low estimate printed in the catalogue. Pursuant to Section 58 of the Sale of Goods Act 1979, the Seller expressly reserves the right to bid, and Hartwells reserves the right to execute bids on behalf of the Seller up to the value of the Reserve.
1.10 Liability for Damage: Any person who causes physical damage to a Lot whilst on Hartwells' premises shall be fully liable to indemnify Hartwells against all resulting losses. This includes, at Hartwells’ absolute discretion, the cost of professional repair, or the low estimate price of the Lot plus the applicable Buyer's Premium and VAT.
2. Registration and Bidding (Live vs. Timed Auctions)
2.1 Registration Requirements: All prospective Bidders must register with Hartwells prior to participating in any auction. New Bidders must complete registration at least 24 hours before the auction commences (48 hours for international Bidders). Anonymous bidding or registration under aliases is strictly prohibited.
2.2 Proof of Identity: To successfully register, Bidders not previously known to Hartwells must provide: valid, unexpired official photo identification (e.g., a photocard driving licence); proof of address issued within the last three months; a valid telephone number and email address; and valid debit or credit card details to be held securely on file. Corporate clients must additionally provide a valid Certificate of Incorporation, proof of registered address, and photo identification for the authorised representative.
2.3 Bidding Deposits: Hartwells reserves the absolute right to require the payment of a financial deposit or a pre-authorisation hold on a registered card prior to allowing a Bidder to participate in any auction. Any such deposit will be refunded without interest if the Bidder is unsuccessful, or applied directly against the Balance Due if successful.
2.4 In-Person Bidding: Bidders attending in person must register at the reception desk to secure a physical bidding paddle. Bidding paddles are non-transferable. The registered Bidder accepts full personal liability for all bids recorded under their assigned paddle number.
2.5 Absentee (Commission) Bids: As a courtesy, Hartwells will execute written commission bids on behalf of clients at the lowest possible price. Commission bids must be submitted in writing at least 24 hours prior to the auction.
2.6 Remote Bidding Framework & Statutory Cancellation Positions:
2.6(a) Live Auctions: Live auctions are public sales. Pursuant to Regulation 28(1)(bb) of the Consumer Contracts Regulations 2013, the statutory 14-day right to cancel or return goods does not apply to purchases made at a Live Auction, including remote bids.
2.6(b) Timed Auctions (Private): Timed auctions are Distance Contracts. Lots are presumed consigned by private Sellers unless marked with a Trade Symbol [T]. Where consigned by a private individual, the statutory 14-day cooling-off period does not apply, and sales are final.
2.6(c) Trade Consignments within Timed Auctions: Where a consumer Buyer purchases a Lot designated with a Trade Symbol [T] within a Timed Auction, they possess a statutory 14-day right to cancel, provided they issue written notice within 14 days, return the Lot at their own expense via tracked/insured carrier within 14 days of notice, and accept liability for any diminished value.
2.7 Technical Disclaimer: Hartwells accepts no responsibility or liability for any interruption, delay, electronic lag, server failure, or error occurring during online registration, live audio/video streaming, or bid transmission across any third-party digital platforms.
2.8 Proxy Bidding: A Buyer may authorise a third party to bid on their behalf, provided comprehensive proof of identity and a signed mandate are received prior to the sale.
2.9 Right of Refusal: Hartwells retains absolute discretion to refuse registration, reject bids without assigning a reason, and deny admission to the premises.
3. During the Sale: Contract Formation
3.1 Formation of Contract: The contract of sale between the Seller and the Buyer is deemed complete and legally binding at the fall of the Auctioneer’s hammer or the automated closing of a digital lot.
3.2 Dispute Resolution: The Auctioneer acts as the sole arbitrator during the sale. Any dispute shall be settled immediately at the Auctioneer’s absolute discretion. A sale cannot be cancelled or challenged by a Bidder after the conclusion of the lot.
3.3 Auctioneer's Discretionary Powers: The Auctioneer retains the absolute right to refuse any bid, determine bidding increments, withdraw Lots, divide or consolidate Lots, and re-offer any Lot in the event of a dispute.
3.4 Rescission of Sale: Hartwells reserves the right to rescind and cancel the sale of any Lot at any time up to six months post-sale if Hartwells becomes aware of proven fraud, material breach, or a legitimate third-party title dispute. Hartwells' sole liability shall be the return of the Balance Due actually paid.
4. After the Sale: Payment Methods and Deadlines
4.1 Payment Deadline: All purchased Lots must be paid for in full, in pounds sterling (£), by the close of business on the working day immediately following the auction. Lots will not be released until Hartwells is in receipt of cleared funds. Remote transactions exceeding £5,000 require direct Bank Transfer.
4.2 In-Person Payment Limits: Banknotes accepted up to £500 per auction sale; Debit Cards up to £5,000. Credit cards and cheques are not accepted for in-person payments.
4.3 Card-Not-Present (Telephone) Payments: Subject to a £5,000 limit. UK registered cards only with full AVS match. If collected by a third-party courier, strict written authorisation and verification rules apply.
4.4 Online Payments: Subject to the platform’s secure processing limits.
4.5 Third-Party Payments: All payments must originate from the bank account or card of the registered Bidder. Third-party payments will be rejected.
4.6 Regulatory Compliance: Hartwells operates in strict compliance with the Money Laundering Regulations 2017.
5. Buyer Charges
5.1 Buyer’s Premium: A Buyer’s Premium of 25% including VAT (calculated as 20.83% plus VAT at the prevailing UK rate) of the Hammer Price is payable by the Buyer on all purchased Lots.
5.2 Online Bidding Surcharges: Bidders utilising Easy Live Auction agree to pay either a £3.00 flat fee or a 3% surcharge on the Hammer Price plus VAT.
5.3 Value Added Tax (VAT): Lots marked with an asterisk (*) are subject to VAT on the Hammer Price itself.
5.4 VAT Refunds for Overseas Trade Clients: Non-UK trade clients independently arranging export may apply for a VAT refund within 90 days, subject to a £35 administrative fee.
5.5 VAT Removal Alternative: VAT may be removed prior to settlement if using Hartwells' recommended shipper, Mailboxes, subject to direct export confirmation.
5.6 Artist’s Resale Right (ARR): Lots marked "ARR" may be subject to a royalty levy.
6. Remedies for Non-Payment or Failure to Collect
6.1 Breach of Contract: If the Buyer fails to pay the Balance Due or collect the Lot, Hartwells shall, at its discretion, be entitled to: terminate the contract; sue for damages; charge 4% interest above the Bank of England base rate; resell the Lot (holding the Buyer liable for any shortfall and costs); apply other funds held toward the debt; exercise a lien; or reject future registrations.
7. Buyer Post-Sale Logistics
7.1 Transfer of Title and Risk: Legal title shall not pass until the Balance Due is paid in full. Risk of loss or damage passes to the Buyer upon collection or handover to a commercial carrier.
7.2 Collection Deadline: All purchased standard Lots must be collected by prior appointment no later than five working days following the auction date. Lots designated as "Group X (Collection Only)" must be collected no later than seven calendar days following the auction.
7.3 Storage and The Right of Disposal: Free storage is provided to Buyers for five working days following the auction (seven calendar days for Group X). Thereafter, a storage fee of £1.50 plus VAT per Lot per calendar day applies. If uncollected for 28 days, Hartwells may issue a 14-day written notice and subsequently resell the Lot to cover fees.
7.4 Carriage Expenses: All transit and shipping costs are the sole responsibility of the Buyer.
7.5 Postage, Packing & Shipping Framework: In-house packing is a discretionary courtesy utilising Royal Mail. We strictly prohibit the shipping of weapons, firearms, or bladed products. Fragile items (ceramics, glass, paintings) are "Group X" or "Group Z" and require independent specialist carriers.
7.6 Limitation of Post-Sale Liability: Hartwells assumes no liability for loss or damage after free storage windows expire or while a Lot is in transit. Once a parcel has left our physical custody and been transferred to Royal Mail or any independent agent/courier authorised by the Buyer, all liability terminates.
8. Warranties, Authenticity, and Special Categories
8.1 Disclaimer of Warranties: Hartwells gives no guarantees regarding the age, quality, condition, or historical accuracy of any Lot.
8.2 Authenticity Warranty (Deliberate Forgeries): If proven to be a "deliberate forgery" within 28 days by a mutually agreed expert, Hartwells will rescind the sale, subject to specific exclusions regarding available scholarly opinion, scientific testing methods, and the return condition of the Lot.
8.3 Export and Import Restrictions: The Buyer is solely responsible for obtaining any necessary UK export licences or international import permits.
8.4 CITES Regulations: Lots containing ivory, tortoiseshell, horn, etc., are heavily regulated. Bidders are responsible for CITES permits.
9. Special Category Information
9.1 Jewellery and Gemstones: Assumed to have been treated. Certificates are statements of opinion only.
9.2 Clocks and Mechanical Items: Sold "as seen" and not guaranteed in working order.
9.3 Weapons and Bladed Products: Strict 'Challenge 25' policy. No weapons posted to UK residential addresses.
9.4 Antiquities: May require export licences from Arts Council England.
9.5 Chinese Paintings: Authenticity Warranty heavily restricted due to copying traditions; requires absolute proof within 28 days.
9.6 Books and Manuscripts: Returnable only if genuinely defective in text/illustration. Incomplete or "w.a.f." items are non-returnable.
10. Legal Framework
10.1 Intellectual Property: Hartwells retains copyright in all images and catalogue text.
10.2 Data Protection: Processed in compliance with UK GDPR and the Data Protection Act 2018.
10.3 Governing Law: Governed by the laws of England and Wales. Exclusive jurisdiction of the courts of England and Wales.
10.4 Limitation of Liability:
(a) Liability for death/personal injury from negligence or fraud is not limited.
(b) Total aggregate liability to the Buyer is strictly capped at the Balance Due actually paid for that specific Lot.
(c) Hartwells is not liable for loss of profit, business revenue, opportunity, or indirect/consequential losses.
