STYLISH 20thC FRENCH SILVER & GOLD PLATED 'SHOTGUN' SMOKING SET, HERMES c.1960

ONLINE BIDDING

We partner with third-party online bidding platforms, including The Saleroom. These platforms can be used to place bids at our auctions. Please see below for more information on the associated fees for online bidding.

The Saleroom (www.the-saleroom.com) attracts an additional charge of 3.6% (incl. VAT) on the hammer price of each lot purchased. 

 

BEFORE THE SALE

1.1 Agent for the Seller

The Auctioneer, PUSHKIN AUCTIONEERS & VALUERS LTD, hereafter referred to as Pushkin’s, acts as an agent for the seller. The contract for the sale of property is therefore made between the Seller and the Buyer, and as such, Pushkin’s is not responsible for any default by the Seller or Buyer. 

1.2 Definitions

For the purposes of these Terms and Conditions:

• The Seller shall be defined as the owner of the Goods. It is implied that the Seller is the legitimate owner and is authorised to sell the Lot.

• The Bidder is any registered person participating in the auction.

• The Buyer is the successful Bidder for a particular Lot.

• The Lot means the item(s) put up for sale by Pushkin’s and to which these Terms and Conditions apply.

• Hammer Price is the price at which a lot is knocked down by the Auctioneer to the Buyer.

• Balance Due is the hammer price in respect of the lot sold together with any premium, value-added tax chargeable, and additional charges and expenses (e.g., storage charges and insurance), in pounds sterling.

• Sale Proceeds is the net amount due to the Seller, being the hammer price of the lot sold less commission at the stated rate, expenses, and any other amounts due to the Auctioneer from the Seller. 

1.3 Catalogue Descriptions 

Pushkin’s provides catalogue descriptions as statements of opinion only, regarding ownership, attribution, authenticity, origin, age, provenance, condition, or estimated selling price. Pushkin’s, its employees, and agents accept no liability for the accuracy of such opinions.

• Prospective Buyers are advised to independently verify the accuracy of the catalogue description before bidding.
• The omission of any mention of prior restorations does not imply the Lot is free from restoration work.
• Photographs of Lots are provided for illustrative purposes only and may not accurately reflect the actual item.
• Buyers are encouraged to seek independent expert advice to confirm the authenticity and condition of any Lot.
• Pushkin’s reserves the right to reproduce Lot images and publish sale results.

1.4 Inspection

Prospective Buyers are strongly encouraged to inspect items in person before the auction to ensure the Lot meets their expectations. 

1.5 Condition Report 

All goods are sold “as is,” with any faults, imperfections, or discrepancies in description. Catalogue images and other visual materials are for identification purposes only, and colors or appearances may vary due to technical limitations. While we make every effort to provide accurate photographs, slight variations may occur.

• Pushkin’s makes every effort to provide accurate and reliable information regarding attribution, age, origin, provenance, and condition. However, unless verified by documentary evidence, such statements are considered opinions only. 
• While some descriptions may include condition details, the absence of such information does not guarantee the Lot is free from defects, restoration, or alterations. Buyers are responsible for personally examining the Lot prior to bidding. For those unable to inspect the Lot in person, our team can provide condition reports upon request. 
• Condition reports are intended as a general guide and do not guarantee the Lot’s precise condition. Buyers are strongly encouraged to inspect the Lot in person to ensure its condition meets their expectations. Pushkin’s does not accept liability for inaccuracies in the Condition Report and will not issue refunds based on claims that the Lot is “not in working order,” “incomplete,” or “not original.”
• Condition Reports are provided as an aid and may not account for all imperfections or defects. Buyers are advised to make their own assessment of the Lot’s condition, completeness, and originality before bidding.
• Pushkin’s, the Seller, and their agents disclaim any responsibility for errors in description or assertions of authenticity. No warranties, expressed or implied, are given regarding any Lot unless explicitly stated.
• Measurements: All weights and dimensions provided in Lot descriptions are approximate and should be treated as estimates.

1.6 Catalogue Amendments

Prospective bidders are advised to review the most up-to-date version of the catalogue prior to the sale, as amendments may be made that could affect the Lots they intend to bid on.

1.7 Electrical Goods 

Goods previously operated by electricity may not meet current statutory requirements. Such items are sold for display or historical research purposes only and are not suitable for direct connection to a mains electricity supply. Buyers intending to use these goods for their original purpose must have them inspected and certified by a qualified electrician before use. 

1.8 Estimates

Estimates are indicative figures based on market conditions at the time of the sale and factors such as condition, rarity, and quality. These estimates represent the opinion of Pushkin’s and do not constitute a guarantee of value. Items may sell for amounts higher or lower than the estimated range.

1.9 Reserves

Lots in this sale may be subject to reserve prices. A reserve is a confidential minimum price agreed upon with the seller, which will never exceed the low estimate stated in the catalogue. Pushkin’s may place bids on behalf of the seller up to the reserve price. This can be done either by bidding in response to other bidders or by placing consecutive bids until the reserve is met. 

1.10 Registration to the Sale

New bidders must register prior to the sale, and it is strongly recommended that registration be completed at least 24 hours before the auction. Registrations made less than 24 hours before the sale are subject to the auctioneer’s discretion.

• International bidders may be required to register 48 hours in advance and provide bank details.
• A deposit may be requested before each sale.
• Failure to register will prevent the bidder from purchasing a Lot. 

1.11 Proof of Identity 

Bidders who are not previously known to Pushkin’s must provide:

• Official Proof of Identity: A valid passport or photocard driving licence. No other forms of ID are accepted.
• Proof of Address: Official documents displaying the bidder’s name and address (e.g., utility bill or bank statement).
• Contact Details: Both landline and mobile telephone numbers.
• Bank Reference: A reference may be required for foreign bidders.
• Corporate Clients: A certificate of incorporation must be provided, along with the representative’s ID as specified above.
• Payment Security: Valid debit or credit card details.

Bidders whose identity does not match the information provided during registration will not be permitted to purchase during the auction.

1.12 Damage

If a member of the public damages a Lot or part of a Lot, Pushkin’s reserves the right to:

1. Sell the Lot without reserve and hold the individual liable for the difference between the hammer price and the reserve or lower estimate, whichever is higher;

2. Hold the individual liable for the cost of restoration, if applicable;

3. Hold the individual liable for the full amount of the reserve or lower estimate, whichever is higher.

Note: Until full payment has been made under Condition 4, title to the Lot will remain with the Seller.

DURING THE SALE:

2.5 Internet Bids

Some sales may allow internet bidding in addition to in-person attendance. Pushkin’s accepts no responsibility for issues affecting internet connections during the bidding process.

In addition to our in-house online bidding platform, sales are also accessible via third-party platforms:

• The Saleroom (www.the-saleroom.com), which charges an additional 5.5% plus VAT on the hammer price of each lot purchased.

Pushkin’s is not liable for any issues that may arise during registration or use of these platforms. Prospective bidders are encouraged to bid directly via Pushkin’s website or through traditional in-house methods wherever possible.

2.6 Bidding on Behalf of Someone

A Buyer may bid by proxy. Proof of identity for both the Buyer and the proxy must be submitted to Pushkin’s prior to the sale, along with a copy of the mandate authorising the proxy to bid.

2.7 Bidding on an Item

Bidding increments are set at the sole discretion of the Auctioneer.

2.8 Video Transmission

During the auction, Lots may be displayed via video transmission. Pushkin’s is not responsible for any issues arising from transmission errors or failures during the sale.

2.9 Online-Only Auctions

Some auctions may be conducted exclusively through an online platform. In such cases, Buyers have a 14-day period from the receipt of goods to withdraw from the sale, in accordance with EU Consumer Law. This returns policy applies only to Lots where no opportunity for physical viewing prior to the sale is provided by Pushkin’s.

2.10 Dispute Resolution During the Auction

In the event of a dispute during the auction, the Auctioneer has absolute discretion to resolve the matter. Sales will not be cancelled after the fall of the hammer except at the Auctioneer’s sole discretion.

3 CONTRACT FORMATION AND EFFECTS 

3.1 Contract of Sale

The contract of sale is between the Buyer and the Seller.

• The Buyer is the highest bidder at the fall of the hammer. The sale is deemed complete once the auctioneer announces its conclusion with the fall of the hammer, and the contract becomes binding between the Buyer, the Seller, and Pushkin’s.
• When a Buyer purchases multiple Lots, each Lot constitutes a separate contract of sale.

3.2 Transfer of Property

Ownership of a purchased Lot will not pass to the Buyer until the full payment of the “total amount due” has been made to Pushkin’s. This includes any fees related to storage, administrative costs, or other applicable charges.

3.3 Transfer of Risks

Responsibility for risk, loss, or damage to a Lot transfers to the Buyer at the fall of the hammer, or, for private purchases, on the date the contract is made. Pushkin’s is not liable for any loss or damage to a Lot during clearing.

Buyers may request assistance from Pushkin’s staff during clearing; however, any loss or damage incurred will remain at the Buyer’s risk. 

3.4 Cancellation of the Sale

At the fall of the hammer, the contract between the Buyer and Pushkin’s is binding.

• The Buyer cannot cancel the sale under any circumstances.

• The Auctioneer reserves the right, at their sole discretion and without providing a reason, to refuse any bid, advance bidding as deemed appropriate, withdraw or divide Lots, combine two or more Lots, or re-offer any Lot in the case of a dispute.

Pushkin’s may, at its sole discretion, cancel the sale of a Lot during or after the auction, re-offer, or resell the Lot if an error, dispute, or issue arises. This can occur even if the title has already passed to the Buyer and may take place up to six months after the original sale.

Grounds for cancellation may include, but are not limited to:

• Disputes over attribution or provenance of the Lot, ownership, or title.

• Evidence of fraud or deceit.

• Lack of necessary licenses or certificates.

• Changes in domestic or international laws that restrict the sale or export of the Lot.

For internet-only auctions (where no physical viewing opportunities are offered), Buyers have a 14-day right to retract their purchase under EU Consumer Law, starting from the date they receive the Lot. Public auctions do not provide this right to retract.

AFTER THE SALE

4. AFTER THE SALE

4.1 Payment

All purchased Lots must be paid for on the day of the auction. Commission bids must be paid no later than the day after the auction. If payment is not received within this period, Pushkin’s reserves the right to cancel the sale or re-offer the Lot in a future auction without reserve. The original bidder will be liable for any shortfall between the re-offer selling price, plus associated expenses, and the total amount due on their unpaid account.

• Payment by Card: Debit cards with “VISA,” “V PAY,” “MasterCard,” “Maestro,” or “Discover” symbols are accepted.

• Online Payments: Debit Card, Credit Card, and Bank Transfers are accepted for online payments.

Pushkin’s complies strictly with anti-money laundering regulations and reserves the right to refuse payment or cancel transactions if there is suspicion of non-compliance. Payments exceeding €10,000 may require additional information sharing under EU regulations.

Important: Payments must be made in one transaction from the account registered to the bidder. Third-party payments are not accepted.

4.2 Buyer’s Premium

A Buyer’s Premium of 24% (incl. VAT) applies to the hammer price for all auctions, including Country Home and Contemporary Auctions, Fine Art Auctions, and Specialist Auctions. The VAT rate is subject to change and will be applied at the prevailing rate.

For Fine Art, Single Owner, and Specialist Auctions, a minimum charge of £10 + VAT per Lot applies. Lots marked with an asterisk (*) are subject to VAT on the hammer price at the applicable rate.

4.3 Online Bidding Surcharges

• Pushkin’s Auction Website: No additional surcharge beyond the Buyer’s Premium and VAT.

• Third-Party Platform (e.g., The Saleroom): A surcharge of 3.6% (incl. VAT) on the hammer price applies in addition to the Buyer’s Premium for timed auctions.

4.4 Taxes

VAT is payable on the Buyer’s Premium and, for some Lots, on the hammer price. Buyers are responsible for any applicable VAT, sales tax, or equivalent taxes.

• Non-UK Buyers:

• Private individuals outside the UK will be charged VAT at the applicable rate, with no option for a refund.

• Trade clients outside the UK arranging their own shipping can reclaim VAT if:

1. They register with a non-UK address.

2. Provide proof of export within 90 days of the auction date.

A £35 administrative fee applies to VAT refunds, which must be over £70 to be processed.

• Shipping with Pushkin’s Recommended Partner: Trade clients using Mailboxes can have VAT removed before payment by confirming shipping details. Changes or cancellations to shipping will result in a revised invoice including VAT.

4.5 Artist Resale Rights (ARR)

Lots marked with “ARR” may be subject to Droit de Suite, a royalty payable to the artist or their heirs for works resold during the artist’s lifetime and up to 70 years after their death.

• Royalties:

• Up to €50,000: 4%

• €50,000.01–€200,000: 3%

• €200,000.01–€350,000: 1%

• €350,000.01–€500,000: 0.5%

• Over €500,000: 0.25%

Royalties are calculated on the hammer price, excluding the Buyer’s Premium, and do not apply to Lots sold below €1,000. The maximum royalty payable per Lot is €12,500.

4.6 Remedies for Non-Payment

If the Buyer fails to pay in full within the specified time, Pushkin’s reserves the right to:

1. Cancel the sale.

2. Resell the Lot by auction or otherwise, at the Buyer’s expense, including legal fees, and hold the Buyer liable for any shortfall.

3. Offset the unpaid amount against any sums owed by Pushkin’s Auction to the Buyer.

4. Refuse future bids or require a deposit for participation.

5. Retain the Buyer’s property as collateral until outstanding sums are cleared.

6. Pursue legal proceedings for recovery of the amount due, along with interest and costs.

7. Take any other action permitted by law.

4.7 Collection

Buyers must collect purchased Lots or arrange for collection by a third-party carrier. Lots can be collected after the sale or within five working days between 10:00 AM and 5:00 PM. After this time, Pushkin’s insurance no longer applies.

Delays in collection must be communicated to Pushkin’s before the deadline. Additional charges may apply for late collection at Pushkin’s discretion.

4.8 Storage

Pushkin’s provides free storage for all purchased Lots for five working days following the sale. After this period, a storage and handling charge will apply:

• £5.00 plus VAT per Lot per day for small, single Lots.

• £10.00 plus VAT per Lot per day for larger items or Lots with multiple items.

Uncollected Lots will be moved to storage facilities after five working days and will incur the above charges. No Lots will be released until all storage and carriage charges have been paid in full. These charges will appear as amounts due on your invoice. 

In accordance with the law, Pushkin’s reserves the right to sell uncollected Lots to recover outstanding storage charges. Any proceeds exceeding these charges will be held for the Buyer’s account.

4.9 Carriage

All carriage costs following the sale are the Buyer’s responsibility.

• Pushkin’s does not provide a carriage service but can recommend third-party carriers to assist.

Postage & Packing:

• Pushkin’s does not provide a packing service for buyers’ own couriers.

Recommended packing and postage services include Mailboxes and Charterwells. For furniture and larger items, a list of recommended carriers is available upon request. 

No Lots will be released to a third-party carrier without prior full payment.

4.10 Loss or Damage

Pushkin’s Auction accepts no liability for loss or damage to Lots after the sale. While reasonable care will be taken when handling Lots, any loss or damage during collection or in third-party care is at the Buyer’s risk. 

4.11 Export Restrictions

Certain Lots may be subject to export regulations. Buyers are responsible for understanding these restrictions and obtaining any necessary licenses.

Pushkin’s cannot be held liable if an export permit is denied. Sales will not be canceled or rescinded as a result of unsuccessful export applications.

4.12 CITES

Items made from materials subject to CITES regulations (e.g., ivory, rosewood) require specific permits for export or import.

• Appendix I species also require prior import permits for the destination country before applying for export permits.
• Items made before 1947 may be exempt for intra-EU trade but still require export permits for non-EU destinations.

It is the Buyer’s responsibility to comply with all relevant regulations. Pushkin’s Auction accepts no liability for unsuccessful permit applications. 

4.13 Limitation of Liability Regarding CITES Export Licenses

Pushkin’s Auction cannot be held liable for unsuccessful CITES export license applications. Sales will not be canceled or rescinded on these grounds.

4.14 Warranties

Pushkin’s does not provide warranties on any Lot, except as required by law.

4.15 Authenticity Warranty

If a Lot is sold as authentic and later found to be otherwise, Pushkin’s will refund the purchase price, provided:

• The Buyer notifies Pushkin’s within 28 days of discovering grounds for suspecting inauthenticity.
• The claim is made within one year of the sale.

Authenticity is defined as the Lot being genuine and not a forgery or copy. Evidence must include a recognised expert’s written report or test results. 

5. Antiquities and Tribal Art

• Items over 100 years old may require EU or UK export licenses.

• Archaeological goods found in UK territorial waters and over 50 years old require specific licenses.

It is the Buyer’s responsibility to obtain these permits. Sales cannot be canceled due to license refusal. 

6. Jewellery

• Gemstones: Many may have undergone treatments (e.g., heat, oil, resin). Certificates provided by sellers reflect opinions, not guarantees.
• Estimated Weights: Approximate weights are assessed in settings and are not precise unless explicitly stated.
• Signatures: Descriptions reflect Pushkin’s opinion and may include components not original to the piece.

Some jewellery may contain materials subject to CITES restrictions

7. Clocks & Watches

• All Lots are sold “as is” and are not guaranteed to be in working condition.

• Repairs or replacements may have been made, and original parts may be missing.

• Import restrictions apply for certain brands (e.g., Rolex, Corum) in specific countries.

8. Furniture

• Upholstered furniture made after January 1, 1950, is sold as decorative only unless it meets UK fire safety regulations.

9. Glossary of Picture Cataloguing Terms

Descriptions regarding attribution, date, and provenance are opinions and not facts. Buyers should rely on their own research.

10. Asian Arts

Import and export restrictions apply to items such as ivory and exotic woods. Buyers are responsible for compliance with CITES and other regulations.

11. Books and Manuscripts

• Incomplete books and manuscripts are non-returnable.
• Refunds apply only to defects in text or illustrations, excluding ads or bindings.

12. Wines and Spirits

• Fill levels are accounted for in estimates.

• No guarantees are provided for drinkability due to age, storage, or oxidation risks. 

13. Copyright

Pushkin’s retains copyright over all materials it produces, including catalogues. Buyers cannot reproduce these materials without permission.

14. Data Protection

Pushkin’s ensures personal data is used only for business or legal purposes and will not sell or trade personal information.

15. Severability

If any term violates applicable laws, it will be enforced to the extent allowed without invalidating other terms.

16. Amendments

Pushkin’s reserves the right to amend these Terms and Conditions at any time.

17. Law and Jurisdiction

These Terms are governed by the laws of England and Wales. Disputes will be resolved in English courts, though Pushkin’s Auction may pursue claims in other jurisdictions.