333
LOT 333 IS A NO LOT
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Bids do not include VAT, buyer’s premium or delivery.
By confirming your bid, you agree that you have read and accepted the-saleroom.com and the auctioneer's terms and conditions. Confirming your bid is a legally binding obligation to purchase and pay for the lot should your bid be successful.
Autumn Sale - Antiques, Fine Art & Collectables
Sale Date(s)
Venue Address
COLLECTION – Collection can be done at our offices at Quarry Farm in person by appointment. Please also note that we do not have in house postage and packaging facilities and therefore recommend the use of our local branch of Mailboxes Etc., Van4us or Jentel Packing. Their details are listed below:
MBE – Tunbridge Wells
01892 510155
Jentel Packing
01268 776777
Van4us
0845 2240225
PLEASE CONSIDER THE COST OF P&P BEFORE BIDDING
WE STRONGLY RECOMMEND YOU OBTAIN A QUOTE FOR SHIPPING PRIOR TO THE SALE IF YOU ARE NOT ABLE TO COLLECT IN PERSON. SHIPPING COSTS MAY AFFECT YOUR DECISION TO BID
If your purchase is small enough and is suitable to be posted in a small jiffy style bag or similar we offer limited P&P at our discretion, for postage within the UK via Royal Mail Special Delivery for which we charge a MINIMUM of £25. Please contact us if you would like to request this service.
Important Information
BUYER'S PREMIUM - 20% INCLUSIVE (We are not registered for VAT)
VIEWING – Viewing can take place by appointment at our offices at Quarry Farm from Tuesday 12th November - Thursday 21st November. Please notify us in advance of the lots you wish to view and they will be made available to you. There is no viewing on sale day.
SALE DAY – The auction will be held at an offsite venue: Court Lodge Farm, Bodiam, East Sussex, TN32 5UJ. This is a five minutes drive from our offices. The items will be viewed on a screen during the sale. Bidding can take place in person (registration is required prior to saleday), via commission bids left with the auctioneer, via our website (an additional 3.6 % online bidding fee will be incurred, which is charged by the platform provider), via The Saleroom (an additional 5.94% fee will be incurred charged by the platform provider) and one other online bidding platform (please see our website for details)
POST SALE (SALEDAY) – After the sale has finished on the Saturday, we will return to our offices at Quarry Farm and be open for collection between 4pm - 5pm. REMOTE PAYMENT ONLY - WE DO NOT TAKE IN-PERSON PAYMENT BY CASH, CARD OR CHEQUE, OR PAYMENT MADE BY CARD OVER THE PHONE. Therefore payment by bank transfer is required or via an electronic link which will be sent to you via email with you invoice using the debit card you registerd to bid with if bidding via The Saleroom or our website. Payment must be made prior to collection For more information please see our website
OFFICE HOURS – Following the saleday our offices will be open for collection by appointment between the hours of 10am and 3pm Monday 25th November – Friday 29th November Following on from this our office hours will vary. Appointments are required at all times.
PAYMENT – Payment is required by BANK TRANSFER or via the electronic link sent to you via email along with your invoice using the debit card you registered to bid with if bidding via The Saleroom or our website. We do not take in-person payments or payments made via card over the phone. Our bank details are listed on all invoices. It is important to understand that if you are not able to make payment via the methods stated you should not bid in our auction.
All lots must be paid for by 3pm Friday 29th November.
COLLECTION – Collection can be done at our offices at Quarry Farm in person by appointment. Please also note that we do not have in house postage and packaging facilities and therefore recommend the use of our local branch of Mailboxes Etc., Van4us or Jentel Packing. Their details are listed below:
MBE – Tunbridge Wells
01892 510155
Jentel Packing
01268 776777
Van4us
0845 2240225
PLEASE CONSIDER THE COST OF P&P BEFORE BIDDING
WE STRONGLY RECOMMEND YOU OBTAIN A QUOTE FOR SHIPPING PRIOR TO THE SALE IF YOU ARE NOT ABLE TO COLLECT IN PERSON. SHIPPING COSTS MAY AFFECT YOUR DECISION TO BID
If your purchase is small enough and is suitable to be posted in a small jiffy style bag or similar we offer limited P&P at our discretion, for postage within the UK via Royal Mail Special Delivery for which we charge a MINIMUM of £25. Please contact us if you would like to request this service.
Terms & Conditions
Terms and conditions:
Philippa H Deeley Ltd t/a Pippa Deeley Auctions
Terms of Business
CONDITIONS OF SALE
Philippa H Deeley Ltd (‘Pippa Deeley Auctions’) carries on business with Bidders, Buyers and Sellers on
the following Conditions of Sale, the Terms of Consignment for Sellers, the Information for Buyers and on such other terms, conditions and notices as may be referred to herein or that may be amended by way of notices posted in the saleroom or by way of announcements made by the Auctioneer.
1. DEFINITIONS
In these Conditions:
"Auctioneer" means Pippa Deeley Auctions or its authorised auctioneer, as appropriate.
"Bidder" means the person considering, making or attempting to make a bid on a lot, in person or by any other means, including the Buyer.
"Buyer" means the Bidder who makes the highest bid accepted by the Auctioneer.
"Buyer's Premium" means additional payment on the Hammer Price of each lot purchased, payable to Pippa Deeley Auctions by the Buyer.
“Client” means an individual who may be either the Bidder, Buyer or Seller depending on the context.
"Deliberate Forgery" means an imitation made with the intention of deceiving as to authorship, origin, date, age, period, culture or source but which is unequivocally described in the catalogue as being the work of a particular creator and which at the date of the sale had a materially lesser value than it would have had if it had been in accordance with the catalogue description.
"Hammer Price" means the highest bid reached (at or above any reserve) and accepted by the Auctioneer when the Auctioneer brings down the hammer and the sale of the lot is final.
"Purchase Price" means the Hammer Price in respect of the lot sold, together with any Buyer's Premium, and any additional charges payable by a Buyer in accordance with these Conditions.
"Seller" means the legal owner of the lot offering it for sale, including their agents (other than Pippa Deeley Auctions), executors or personal representatives.
"Terms of Consignment" means the stipulated terms and rates of commission on which Pippa Deeley Auctions accepts instructions from Sellers or their agents and which form part of these Conditions of Business. The singular includes the plural and vice versa as appropriate.
2. BIDDING
2.1 Bidders are required to register their details before bidding and to supply any information or references required by Pippa Deeley Auctions before entering the auction room to bid or before Pippa Deeley Auctions will accept any other form of bid, whether by commission, telephone or otherwise. Proof of the Bidder's identification (photo identification and proof of current address) will be required at the time of registration.
2.2 The Bidder with the highest bid accepted by the Auctioneer conducting the sale shall be the Buyer at the Hammer Price.
2.3 Bidders shall be deemed to act as principals and require Pippa Deeley Auction’s written consent at the time of Bidder registration to bid as agent for another party. Bidders are personally liable for their bid and jointly and severally liable with their principal if bidding as agent (whether or not Pippa Deeley Auctions has consented to the Bidder acting as agent).
2.4 Lots will only be invoiced to the name and address of the Bidder on the bid registration form and cannot be transferred to another name and address. Pippa Deeley Auctions can only accept payment for the lot from the registered Bidder.
2.5 Pippa Deeley Auctions expressly reserves the right to bid on behalf of the Seller up to the amount of any reserve. The Auctioneer has discretion to refuse any bid from any Bidder, and to withdraw or re-offer any lot if the Auctioneer believes there has been an error or dispute. Any dispute about a bid shall be settled at the Auctioneer's absolute discretion, the Auctioneer acting reasonably at all times.
2.6 All lots (unless otherwise specified) are offered subject to a confidential reserve price agreed between Pippa Deeley Auctions and the Seller below which Pippa Deeley Auctions may not sell the lot. The reserve price shall be no higher than the low pre-sale estimate of the lot at the time of auction.
2.7 Bidding increments shall be at the Auctioneer’s sole discretion with the minimum bid being £20.
2.8 Pippa Deeley Auctions’ knowledge in relation to any lot is dependent on information provided by the Seller of the lot. Pippa Deeley Auctions is not able to and does not carry out exhaustive due diligence on each lot. Bidders acknowledge this fact and accept responsibility for carrying out inspections and investigations to satisfy themselves as to the lots on which they bid.
2.9 Each lot offered for sale at Pippa Deeley Auctions is available for inspection by Bidders prior to the auction. Pippa Deeley Auctions accepts bids on the basis that Bidders (and/or independent advisors acting on the Bidder's behalf) have fully inspected the lot prior to bidding and have satisfied themselves prior to bidding as to both the condition of the lot and the accuracy of its description. All lots are offered for sale in the condition they are in at the time of the auction.
2.10 Catalogue descriptions, illustrations and condition reports provided by Pippa Deeley Auctions are for information purposes only and do not necessarily convey the full information regarding any lot. Information provided to Bidders or their advisors prior to the sale in respect of any lot, whether written or oral and including any information in the sale catalogue or condition or other report, is a statement of opinion honestly held by Pippa Deeley Auctions and is not a statement of fact.
2.11 Subject to the conditions of paragraphs 2.8-2.11, Pippa Deeley Auctions exercises reasonable care when making statements of opinion consistent with its role as a provincial auction house, on the basis of information provided by the Seller, available scholarship, and the generally accepted opinions of relevant experts (at the time any such expert expressly states such opinion). Pippa Deeley Auctions is in no way required to seek the opinion of any expert outside Pippa Deeley Auctions.
2.12 A sale contract is made directly between the Buyer and the Seller on the fall of the Auctioneer's hammer, following which the Buyer becomes liable to pay the Purchase Price.
3. OTHER TYPES OF BIDS
3.1 Subject to the conditions set out in paragraph 2, Pippa Deeley Auctions will, if so instructed by a Bidder clearly in writing not less than 24 hours prior to auction, execute bids on the Bidder's behalf by commission bid, or the Bidder can register not less than 24 hours prior to auction to bid during the auction online. Neither the Auctioneer nor its employees or agents shall be responsible for any failure to execute any instructions to bid for any reason, including but not limited to technical failures of online connection.
3.2 Where applicable, if two Bidders submit identical bids, the Auctioneer will endeavour to ensure the first bid received has priority.
4. VALUE ADDED TAX
Value Added Tax on the Hammer Price is imposed by the laws of England and Wales on all items, that are sold by a VAT registered seller and are identified with an a plus symbol (+). Value Added Tax is charged at the appropriate rate in accordance with legislation in force at the date of sale and is payable by Buyers of relevant lots. Pippa Deeley Auctions is not VAT registered.
5. PAYMENT
5.1 Unless otherwise agreed with Pippa Deeley Auctions, the Buyer will pay to Pippa Deeley Auctions the Purchase Price immediately following the sale of any lot.
5.2 Any payments by the Buyer to Pippa Deeley Auctions may be applied by Pippa Deeley Auctions towards any sums owing from the Buyer to Pippa Deeley Auctions on any account whatever without regard to any directions of the Buyer, whether express or implied.
5.3 Title in a purchased lot will not pass to the Buyer until Pippa Deeley Auctions has received the Purchase Price of the lot in full and cleared funds. Pippa Deeley Auctions will not release any lot to the Buyer for collection until payment of the Purchase Price and any additional charges to the Buyer (as set out below in clause 7.2) is received.
6. COLLECTION OF LOTS
6.1 The Buyer shall at their own risk and expense collect any lots for which the Buyer has paid in full from Pippa Deeley Auctions premises not later than six weeks following the date of the relevant auction.
6.2 The Buyer shall be required to show proof of purchase and identification prior to the lot being released. Any packers or shippers acting on the Buyer's behalf will require written authorisation by the Buyer before Pippa Deeley Auctions will release any purchased lot to them.
6.3 All packing and handling of lots will be at the Buyer's sole risk. Pippa Deeley Auctions will not be responsible for any acts or omissions of third-party packers or shippers.
7. FAILURE TO COLLECT PURCHASES
7.1 If the Buyer pays the Purchase Price and any related expenses but fails to collect a purchased lot within six weeks following the date of the relevant auction, the lot will be stored at the Buyer's expense and risk, at the offices of Pippa Deeley Auctions or with a third party.
7.2 From that point the Buyer shall be required to pay all additional expenses, including but not limited to handling and storage charged at £2 per day, incurred for failing to collect a purchased lot before the lot is released to the Buyer for collection.
8. REMEDIES FOR NON-PAYMENT
8.1 If any lot is not paid for in full and collected in accordance with these Conditions or if there is any other breach of these Conditions, Pippa Deeley Auctions, as agent for the Seller and on its own behalf, shall at its absolute discretion and without prejudice to any other rights Pippa Deeley Auctions or the Seller may have, be entitled to exercise one or more of the following rights and remedies:
(a) to commence legal proceedings against the Buyer to recover the Purchase Price and any related expenses for that lot, together with interest and costs of such proceedings on a full indemnity basis;
(b) to cancel the sale of that lot and/or any other lots sold by Pippa Deeley Auctions to the Buyer;
(c) to resell the lot (by auction or private treaty) with estimates and reserves at Pippa Deeley Auctions’ sole discretion. The Buyer shall be responsible for payment of any resulting shortfall in the total amount due (after crediting any part payment and adding any resale costs);
(d) to remove, store and insure the lot at the Buyer's sole risk and expense and, in the case of storage, either at Pippa Deeley Auctions' premises or elsewhere;
(e) to charge interest at a rate not exceeding 1.5% per month on the total amount due from the Buyer to the extent it remains unpaid for more than 14 days after the sale until such time as all payments are received in full and cleared funds;
(f) to retain the lot or any other lot sold to the Buyer until the Buyer pays the total amount due and to exercise a lien over any of the Buyer's property in Pippa Deeley Auctions’ possession for any purpose until the debt due is satisfied;
(g) to reject or ignore bids from the Buyer or the Buyer's agent at future auctions or to impose conditions before any such bids shall be accepted;
(h) to apply any proceeds of sale of other lots due or in future becoming due to the Buyer towards the settlement of the total amount due; and/or
(i) to release the name and address of the Buyer to the Seller to enable the Seller to commence legal proceedings to recover the amounts due and legal costs. Pippa Deeley Auctions will take reasonable measures to notify the Buyer prior to releasing such details to the Seller.
8.2 We shall, as agent for the Seller and on our own behalf pursue these rights and remedies only so far as we deem at our sole discretion is reasonable to make appropriate recovery in respect of breach of these Conditions of Business. We are in no way obligated to exercise any of the above rights or remedies.
9. WARRANTIES AND LIMITATION OF LIABILITY
9.1 The Seller warrants to the Bidder that it is the legal owner of the property consigned for sale, or is properly authorised by the legal owner to consign it for sale, and is able to transfer good and marketable title to the property free from any third party claims.
9.2 Subject to paragraph 9.1, neither Pippa Deeley Auctions nor the Seller is liable for any errors or omissions provided to Bidders by Pippa Deeley Auctions, whether orally or in writing, where negligent or otherwise, except as set out in paragraph 2.11.
9.3 Subject to paragraphs 9.6 and 10, neither Pippa Deeley Auctions nor the Seller gives any guarantee or warranty to the Bidder. Any implied warranties and conditions are excluded (except where such warranties and conditions cannot be excluded by law), other than the express warranties given by the Seller to the Buyer in the Terms of Consignment for Sellers.
9.4 Neither Pippa Deeley Auctions nor the Seller accepts responsibility to any Bidder for acts or omissions (whether negligent or otherwise) by Pippa Deeley Auctions in relation to the conduct of any auction.
9.5 Any claim by a Bidder or a Buyer against Pippa Deeley Auction or the Seller is limited to the Purchase Price in respect of the relevant lot and shall not include under any circumstances indirect or consequential losses.
9.6 This paragraph 9 shall not exclude or limit Pippa Deeley Auctions' liability in respect of any fraudulent misrepresentation made by Pippa Deeley Auctions or the Seller.
10. DELIBERATE FORGERIES
10.1 Notwithstanding the conditions in paragraph 9, any lot which proves to be a Deliberate Forgery (as defined in paragraph 1) may be returned to Pippa Deeley Auctions by the Buyer within 21 days of the relevant auction, provided it is in the same condition as when bought, and is accompanied by particulars identifying it from the relevant catalogue description and a written statement of defects. If Pippa Deeley Auctions is satisfied at its sole discretion that the above criteria have been met and that the lot is a Deliberate Forgery, the sale will be cancelled and Pippa Deeley Auctions shall refund the money paid by the Buyer for the lot including any Buyer's Premium.
10.2 Paragraph 10.1 shall not apply if either: (1) the catalogue description reflected the generally accepted view of scholars and experts as at the date of sale, or the catalogue description indicated that there was a conflict of opinion; or (2) the only method of establishing at the date of sale that the item was a Deliberate Forgery would have been not then generally available or accepted, unreasonably expensive or impractical to use, or likely to have caused damage or loss of value (in Pippa Deeley Auctions' reasonable opinion) of the lot; or (3) there has been no material loss in value of the lot from its value had it been in accordance with its description.
10.3 If the Buyer is not personally able to transfer a good and marketable title to Pippa Deeley Auctions, then the Buyer shall have no rights under this paragraph 10. The right of return provided by this paragraph 10 is additional to any right or remedy provided by law or by these Conditions of Sale.
10.4 Pippa Deeley Auctions may require the Buyer to obtain at the Buyer's expense the reports of up to two independent and recognised experts in the field, mutually acceptable to Pippa Deeley Auctions and to the Buyer. Pippa Deeley Auctions shall not be bound by any reports produced by the Buyer, and reserves the right to seek additional expert advice at its own expense.
11. EXPORT AND LICENCING
11.1 It is the Buyer's sole responsibility to identify and obtain any necessary licences for a lot, including but not limited to export, import, or endangered species. Pippa Deeley Auctions and the Seller make no representations or warranties as to whether any lot is or is not subject to export or import restrictions. The denial of any licence or permit shall not entitle the Buyer to cancel the sale contract or delay payment of the lot.
12. ARTIST'S RESALE RIGHTS
12.1 In addition to the Purchase Price, lots indicated with this symbol (†) may qualify for and be subject to payment by the Buyer of the Artist's Resale Right at a percentage of the Hammer Price calculated as follows:
Portion of the Hammer Price
Percentage rate
From €1,000 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%
Exceeding €500,000 0.25%
The total amount payable will be the aggregate of the sum payable under each of the above rate bands, up to a maximum total amount of €12,500 for any single lot.
12.2 Any Artist's Resale Rights royalties will be calculated on the pound sterling/Euro exchange rate quoted on the date of the sale by the European Central Bank.
13. DATA PROTECTION
13.1 Pippa Deeley Auctions will request and use personal information from Clients and, where that personal information is considered to be ‘personal data’ as defined in the General Data Protection (EU) Regulation 2016/679 (the ‘GDPR’), that personal data will be processed according to this clause 13 and our full privacy policy (‘Privacy Policy’), a copy of which is available on the Pippa Deeley Auctions website at www.pippadeeley.com. In respect of the personal data of Clients processed according to this clause 13, Pippa Deeley Auctions will act as a controller.
13.2 The personal information collected by Pippa Deeley Auctions from a Client may include the Client’s name, proof of identity and financial information. Pippa Deeley Auctions does not envisage that it will collect ‘sensitive personal data’ but will seek the Client’s consent before it does so.
13.3 The legal basis on which Pippa Deeley Auctions will process personal data will usually be that the processing of personal data is necessary for the performance of a contract to which the Client is a party or in order to take steps at the Client’s request prior to entering into a contract. In certain circumstances, Pippa Deeley Auctions may also rely on certain other legal justifications for processing personal data, such as consent to the processing (where that consent has been obtained lawfully from the Client), where the processing is necessary for the purposes of the legitimate interests pursued by Pippa Deeley Auctions (which will be explained to the Client) or where the processing is necessary for compliance with a legal obligation to which Pippa Deeley Auctions is subject.
13.4 Personal data collected from a Client according to this clause 13 may be used for the following purposes: the provision of auction-related services; client administration; marketing; the supply of Client services; or as required by law.
13.5 Pippa Deeley Auctions may send marketing material about its services to the Client where it has obtained the consent of the Client to do so or if the services are similar to those which Pippa Deeley Auctions has previously provided to the Client and the Client has been given the opportunity to opt-out of future marketing at the time of the collection of that personal data. On sending the Client electronic marketing material, Pippa Deeley Auctions will offer the Client the option of opting out of receiving further electronic marketing material with each such communication. The Client may opt out of receiving marketing material by post by contacting Pippa Deeley Auctions’ Compliance Officer.
13.6 For the purposes of providing the services to the Client, Pippa Deeley Auctions may share the Client’s personal data with third parties, including but not restricted to: the Buyer or Seller following an auction; to our partners who provide third party support for our auctions services, to our other service providers, such as credit and reference providers, to help prevent dishonesty, for administrative and accounting purposes, or for occasional debt tracing and fraud prevention; and to relevant solicitors. For further details please contact the Compliance Officer at Pippa Deeley Auctions.
13.7 Pippa Deeley Auctions may be required to share personal data with organisations that are outside of the European Economic Area. Where Pippa Deeley Auctions shares personal data in this way it will either do this in order to conclude or perform a contract to which the Client is a party or it will take other appropriate safeguards to protect that personal data. For further information of the appropriate safeguards referred to in this clause please contact the Compliance Officer at Pippa Deeley Auctions.
13.8 The Client has a number of rights under the GDPR, including being able to request a copy of the personal data held about him/her (a ‘right of access’). A right of access can usually be exercised without a charge being paid by the Client, unless the requests from the Client are manifestly unfounded or excessive. To exercise the right of access the Client should contact the Compliance Officer at Pippa Deeley Auctions. For further details of the rights available to him/her under the GDPR, the Client should refer to the full Privacy Policy.
13.9 Further details of the processing of the Client’s personal data can be found in the full Privacy Policy. 13.10 Further details about the processing of personal data can be obtained from, and queries should be directed to, the Compliance Officer at Pippa Deeley Auctions, whose telephone number is 01580830568 and whose email address is info@pippadeeley.com
14. ANTI-MONEY LAUNDERING
14.1 The Client acknowledges that due to The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, Pippa Deeley Auctions and any person acting on behalf of Pippa Deeley Auctions may require further documentation verifying the identity of the Client. The Client further agrees to provide Pippa Deeley Auctions with any information as Pippa Deeley Auctions determines to be necessary and appropriate to verify compliance with The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 and anti-money laundering regulations of any applicable jurisdiction or to respond to requests for information concerning the identity of the Client from any governmental authority, self-regulatory organisation or financial institution in connection with its anti-money laundering compliance procedures, and to update such information as necessary. We may not be able to tell you if a disclosure has been made to the relevant authorities and, if this is the case, we will not be liable for any loss, damage or expense as a result of any delay or otherwise caused by us when complying with our statutory obligations.
14.2 We may not be able to provide services to the Client if we do not receive information as required by this clause 14.
15. AGENCY
15.1 The Auctioneer acts as agent only and disclaims any responsibility for default in relation to any of these Conditions of Business by Sellers or by Buyers.
16. THIRD PARTY LIABILITY
16.1 All members of the public on Pippa Deeley Auctions' premises are there at their own risk and must note the lay-out of the building and any security arrangements. Accordingly, neither the Auctioneer nor its employees or agents shall incur liability for death or personal injury (except as required by law) or similarly for the safety of the property of persons visiting the premises.
17. GENERAL
17.1 Pippa Deeley Auctions reserves the right to alter these Conditions of Business at any time.
17.2 Pippa Deeley Auctions shall have the right in its absolute discretion to refuse admission to its premises or attendance at its auctions by any person
17.3 Special terminology may be used in catalogue descriptions of particular types of goods, and the descriptions should be interpreted in accordance with any glossary appearing in the sale catalogue.
17.4 All images and other materials produced for the auction are the copyright of Pippa Deeley Auctions for use at Pippa Deeley Auctions' discretion.
17.5 Any notice to any Buyer, Seller or Bidder will be given by email, unless otherwise requested and in which case second class mail to the last address of which Pippa Deeley Auctions has been formally notified, and shall be deemed to have been received immediately or if sent by post by the addressee 72 hours after posting. Any notice to Pippa Deeley Auctions by the Bidder, Buyer or Seller should be in writing.
17.6 Any extension or waiver of any provision of these Conditions of Business that may be granted to Bidders, Buyers or Sellers by Pippa Deeley Auctions for a specific lot shall not have any consequence on the enforceability of these Conditions and in all other respects these Conditions shall remain in full force and effect. Should any provision of these Conditions of Business be deemed unenforceable for any reason, the remaining provisions shall remain in full force and effect.
17.7 These Conditions of Business are not assignable by any Buyer or Seller without Pippa Deeley Auctions' prior written consent but are binding on the Buyer's and the Seller's respective successors, assigns and representatives. No act, omission or delay by Pippa Deeley Auctions shall be deemed a waiver or release of any of its rights.
17.8 The Contracts (Rights of Third Parties) Act 1999 is excluded by these Conditions and shall not apply to any contract made pursuant to them.
17.9 The Conditions of Sale, the Terms of Consignment for Sellers, the Information for Buyers, and any additional notices issued by Pippa Deeley Auctions form the entire agreement between the parties. It is agreed that no party has entered into any contract pursuant to these terms in reliance on any representation, warranty or undertaking not expressly referred to in these documents (save in respect of liability for fraudulent misrepresentation).
17.10 These Conditions of Business, including the Information for Buyers and the Terms of Consignment for Sellers, and all transactions or disputes to which they relate, are governed by the laws of England and Wales. The Buyer and the Seller agree that the Courts of England and Wales shall have exclusive jurisdiction in relation to any dispute arising.
Philippa H Deeley Ltd t/a Pippa Deeley Auctions
Terms of Business
INFORMATION FOR BUYERS
1. Introduction
The following informative notes are intended to assist Bidders and Buyers and form part of our Terms of Business. All sales are governed by our printed Terms of Business, including the Information for Buyers,
Conditions of Sale, and the Terms of Consignment for Sellers, which are readily available for inspection on our website and at our offices. Buyers should carefully read the Conditions of Sale and Terms of Consignment for Sellers prior to bidding at auction, as Bidders and Buyers will be deemed to have accepted these terms and conditions once a bid has been placed. Our staff will be happy to help you if there is anything you do not fully understand. Please refer to clause 1 of the Conditions of Sale if you are unsure about the meaning of a defined term.
2. Agency
As auctioneers we act as agent for the Seller whose identity, for reasons of confidentiality, is not normally disclosed to the Buyer. If a Buyer purchases at auction, the contract of sale is made directly between the Buyer and the Seller.
3. Pre-sale Estimates
Pre-sale estimates are intended as a guide to help Buyers gauge approximate prices for the purchase of a particular lot. The actual Hammer Price realised at auction may be higher or lower than the pre-sale estimate. The lower estimate may represent a reserve price which we have agreed with the Seller. Pre-sale estimates do not include the Buyer’s Premium or VAT. Estimates printed in the sale catalogue are prepared some time before the sale and may be altered by announcement prior to the auction. It is advisable for the Buyer to consult us nearer the time of the auction for any updates or revisions to pre-sale estimates.
4. Buyer's Premium
A Buyer's Premium on the Hammer Price of each lot purchased is payable to us by the Buyer and will consist of 20% of the hammer price.
5. VAT
Our catalogues include guidance in relation to the VAT implications of purchasing particular lots. Please note that this is general guidance only and is subject to relevant tax legislation in force at the time of sale. Buyers should seek independent advice from a tax advisor. The plus symbol (+) indicates a lot on which VAT is payable by the Buyer at the standard rate (presently 20%) on the Hammer Price. The wavy symbol (~) indicates that the lot has been imported from outside the European Union and is currently liable to a reduced rate of VAT (5%) on the hammer price. Pippa Deeley Auctions is not registered for VAT. Lots which appear without either of the above symbols indicate that no VAT is payable on the Hammer Price. When a Buyer is located outside of the UK, VAT will not be charged, providing their invoice address is also outside of the UK.
6. Description and Condition of Lots
As agents for the Seller, we are primarily dependent on information provided by the Seller, and any statement made by us in respect of any lot, as to authorship, genuineness, origin, date, age, provenance, condition or estimated selling price, including condition reports that may be provided at the Buyer's request, is a statement of opinion honestly held by us. It is recommended that prospective Buyers inspect the lots on which they intend to bid at pre-sale viewings by appointment at our offices. Accordingly, we accept bids from potential Buyers on the basis that Buyers (or their advisors) have fully inspected the lot prior to bidding and have satisfied themselves prior to bidding in relation to the condition and accuracy of the description of the lot. The nature of the lots sold at auction is such that they will rarely be in perfect condition and are likely, due to their nature and their age, to show signs of wear and tear, damage, or other imperfections, restoration or repair. Any reference to condition by Pippa Deeley Auctions will not amount to a full description of condition. Photographs included in our online catalogues are not representative of the condition of any lot. We draw the Buyer's attention to the exclusion of liability for the condition of lots contained in the Conditions of Sale. Neither the Seller nor we, as the auctioneers, accept any responsibility for the condition of any lot. In certain specified circumstances, lots that are misdescribed, because they are deliberate forgeries, may be returned by the Buyer and repayment made by the Seller. There is a 21 day limit from the date of the relevant sale, for a Buyer to return a lot on this basis (please see the Conditions of Sale for the definition of "Deliberate Forgery").
7. Electrical and Mechanical Goods
All electrical and mechanical goods are sold for their decorative and artistic value, are sold on a spares and repairs basis and are not guaranteed to be in working order.
8. Soft Furnishings
Soft furnishings sold at auction may not comply with statutory safety and fire regulations. Prior to use, it is the Buyer's responsibility to ensure that such goods are reupholstered, restuffed and/or recovered as appropriate in order that they comply with safety regulations.
9. Endangered Species
Property sold at auction may incorporate endangered or other species of wildlife and plant life, for example ivory, tortoiseshell, crocodile skin, whale bone, ebony or rosewood. Several countries restrict or prohibit the import or export of objects containing these materials or require a permit for their movement (for example, a CITES licence). Prior to bidding on an item which may include these or similar organic materials, Buyers should familiarise themselves with the relevant customs laws and regulations if they intend to move the property to another country.
10. Jewellery
Gemstones are often treated to enhance their colour and improve their appearance. They may be heated or treated by oil or resin to intensify colour and transparency. Other techniques such as dyeing, irradiation, coating and impregnation may also be used. Buyers should be aware that unless the catalogue description specifically states that the stone is natural, Pippa Deeley Auctions has assumed that the stone may have received treatment, that the treatment may not be permanent, and that special care of the stone may be needed in the future.
11. Bidding
Bidders will be required to register before a sale commences in order to place a bid on any lot. Proof of identification (photo identification and proof of current address) will be required at the time of registration if the Bidder is unknown to us. It is therefore advisable to do this in advance of the sale day. Lots will only be invoiced to the name and address on the bid registration form and cannot be transferred to another name and address. We can only accept payment for the lot from the registered Bidder.
12. Other Ways to Bid
Commission bidding and internet bidding are alternative methods to bidding in person in the room. Commission bids may be left with the Auctioneer by a Bidder indicating the maximum amount to be bid (excluding Buyer's Premium, ARR and any other charges that may apply, and bidders will be required to register with us in the same manner as listed in point 11.) Subject to the reserve price of the lot and any other bids received, the sale may be concluded for less than the maximum bid. Bids must be received, and Bidders registered by 5pm the day before the sale to enable us to process your registration and acknowledge your bids. If two Bidders submit identical bids, the Auctioneer will endeavour to ensure the first bid received has priority. Bidders may also register to bid online via our website (which incurs an additional 3% of the hammer price plus VAT bidding fee from the platform provider), via The Saleroom (which incurs a 4.95% of the hammer price plus VAT for live sales and 3% of the hammer price plus VAT for timed auctions from the platform provider, or via Easylive Auction (Which incurs a which incurs an additional 3% of the hammer
13. Payment
Payment is due immediately after the auction. We accept the following methods of payment:
Bank Transfer - Our bank details are:
HSBC Bank Plc, 4 Robertson Street, Hastings, East Sussex, TN34 1HW
Account Name – Philippa H Deeley Ltd – Clients Deposit Account
Sort Code – 40 23 18
Account Number – 33665097
Swift Code – MIDLGB22
IBAN – GB72MIDL40231833665097
Secure Online Gateway – An electronic invoice will be provided to the Buyer via email which contains a payment request link for online payment by debit card. We do not accept credit card payments.
• WE DO NOT ACCEPT IN PERSON PAYMENTS INCLUDING CARD PAYMENTS, CASH OR CHEQUES
14. Export of Goods
Any lot purchased at auction may be subject to export restrictions or may require a licence for export out of the United Kingdom, for example depending on the age and value of the lot or if the lot contains organic or endangered materials that are restricted from export (as discussed in point 9). The Buyer is responsible for obtaining any licences that may be required (including any licence that may be required for import into the destination country). The delay or denial of any such licence will not be grounds for the Buyer to cancel any purchase.
15. Collection and storage
Please note that all lots must be paid for within 5 working days of the sale. Lots cannot be released until payment (including Buyer's Premium and other charges where applicable) has been received by us in full and cleared funds. Any delay of payment may involve the Buyer in incurring storage charges. All lots must be collected within six weeks of the sale. Any packers or shippers acting on the Buyer's behalf will require written authorisation by the Buyer before Pippa Deeley Auctions will release any purchased lot to them. All packing and handling of lots will be at the Buyer's sole risk. Pippa Deeley Auctions will not be responsible for any acts or omissions of third-party packers or shippers.
16. Failure to Collect Purchases
If the Buyer pays the Purchase Price and any related expenses but fails to collect a purchased lot within six weeks following the date of the relevant auction, the lot will be stored at the Buyer's expense and risk, at the offices of Pippa Deeley Auctions or with a third party. From that point the Buyer shall be required to pay all additional expenses, including but not limited to handling and storage charged at £2 per day, incurred for failing to collect a purchased lot, before the lot is released to the Buyer for collection.
Collection of lots is the Buyer's sole responsibility, unless arrangements have been made directly with the auctioneer. Buyers may be required to produce proof of identity on collection of the lot. If a Buyer arranges for a third party to collect a sold lot on the Buyer's behalf, we will require from the Buyer written evidence of the third party's authority to collect the lot in advance of releasing it. Pippa Deeley Auctions accepts no liability for loss or damage to any lot once it has been collected. Failure by the Buyer or their authorised representative to collect within the specified timeframe may lead to removal of the lot to offsite storage for which the Buyer will be charged removal and storage.