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Conditions of Sale for Buyers at Public Auctions

 

The following document details the terms and conditions between us, RWB Auctions Ltd, and you as a Buyer or potential buyer at our auctions.

 

It sets out our principle fee levels of 20% Buyer’s Premium and also describes how and when you may become liable to pay other fees and costs (all fees are subject to VAT). These terms and conditions also cover issues such as your responsibility relating to payment for and collection of your lots and insurance obligations.

 

It is important that you read and understand these terms and conditions as they form the basis of the contract between us. 

 

RWB Auctions carries on business with bidders, buyers and all those present in the auction room prior to (or in connection with) a sale by auction at our salerooms. All bidders, buyers and others participating in our public auction accept our terms and conditions listed below and that these terms apply to the exclusion of any other.

 

Any auction and any lot may be subject to different, unique or additional terms which will be published in our online auction catalogue. Please note that our Auction Terms and Conditions including these conditions relate to auctions held in one of our salerooms or at any other location.  Separate terms and conditions apply for our online auctions.

 

In order to bid with RWB Auctions you must register with us. In doing so you agree to comply with our terms and conditions to the exclusion of any other terms 

 

DEFINITIONS In these Conditions:

 

(a) “auctioneer” means the firm of RWB Auctions Ltd or its authorised auctioneer, as appropriate; The registered address is: 144 High Street,Royal Wootton Bassett, SN4 7AB. Registration no: 13454223

 

(b) “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 value materially less than it would have had if it had been in accordance with the description 

 

(c) “hammer price” means the level of bidding reached (at or above any reserve) when the auctioneer brings down the hammer;

 

(d) “total amount due” means the hammer price in respect of the lot sold together with any premium, Value Added Tax chargeable and any additional charges payable by a defaulting buyer under these Conditions;

 

(e) “sale proceeds” means the net amount due to the seller, being the hammer price of the lot sold less commission at the stated rate, Value Added Tax chargeable and any other amounts due to us by the seller in whatever capacity and however arising;

 

(f) “bidder” means the person who places a bid on items at auction irrespective of whether they win the lot or not.

 

(g) “buyer” is the person who offers the highest bid on an item and thus secures it.

 

(h) “reserve” means the minimum price we are allowed to sell the item for.

 

(i) “consumer” means any individual who is purchasing the item for use outside of their business or profession.

 

(j) “seller” means the legal owner of the item who is selling the item via RWB Auctions.

 

(k) “VAT” means Value Added Tax.

 

(l) “premium” is the fee charged to the buyer by RWB Auctions on the sale of the item.

 

(m) “trader” is a person purchasing an item for use as part of their business or profession or on behalf of another.

 

(n) “You”, “Your”, etc. refer to the Buyer as identified in Condition 2 and the terms “You”, “Your” etc and “the Buyer” are interchangeable.

 

(o) The singular includes the plural and vice versa as appropriate.

 

 

 

2.  BIDDING PROCEDURES AND THE BUYER

 

(a) Bidders are required to register their particulars before bidding by completing a sale registration form and to satisfy any security arrangements before entering the auction room to view or bid; 

 

(b) Under the money laundering regulations in force we are required to verify the identity of all customers we transact with as well as any beneficiaries on behalf of whom they may transact. Customers who are unable to or refuse to supply required identification documents and proof of address will not be able to bid in our auctions. Copies of customer due diligence checks will be stored for as long as it is necessary to satisfy legal requirements in an appropriate storage facility which for the avoidance of doubt may include storage solely in electronic form;

 

(c) the maker of the highest bid accepted by the auctioneer conducting the sale shall be the buyer and that highest bid shall be the hammer price. Any dispute about a bid shall be settled at the auctioneer’s absolute discretion by re-offering the Lot during the course of the auction or otherwise. The auctioneer shall act reasonably in exercising this discretion.

 

(d) Bidders shall be deemed to act as principals.

 

(e) Our right to bid on behalf of the seller is expressly reserved up to one bid below any reserve and the right to refuse any bid is also reserved.

 

3. INCREMENTS. Bidding increments shall be at the auctioneer’s sole discretion. 

 

4. THE PURCHASE PRICE. The buyer shall pay the hammer price together with a premium thereon of 20% (or possibly more in specialist coin and other sales) of the hammer price plus VAT on the premium at the rate imposed by law. The buyer will also be liable for any royalties payable under Artist’s Resale Rights (ARR) as set out under Information for Buyers.

 

5. VALUE ADDED TAX. Where Value Added Tax on the hammer price is imposed by law it will be charged at the appropriate rate prevailing by law at the date of sale and is payable by buyers of relevant Lots. (Please refer to “Information for Buyers” for a brief explanation of the VAT position). VAT on books and unframed maps will not be charged.

 

6. PAYMENT.

 

(a) The Buyer of a lot is legally bound to complete the purchase upon the fall of the gavel. Within five working days of the relevant sale, Buyers will give to us, if requested, proof of identity, and pay the total amount due. 

 

(b) Any payments by the Buyer to us may be applied by us towards any sums owing from you to us on any account whatever without regard to any directions of you or your agent, whether expressed or implied.

 

(c) In order to comply with money laundering regulations we reserve the right to require proof of source of funds and/or confirmation of the nature and source of wealth for all receipts of monies paid. Lots will only be released once we have completed the necessary checks under the current Money Laundering Regulations.

 

(d) You warrant that the funds you (or the person you are bidding on behalf of) are not connected with any criminal activity or tax evasion schemes. 

 

(e) We accept credit and debit cards, bank transfers and cash up to £5,000. We do not accept cheques.

 

7. TITLE AND COLLECTION OF PURCHASES.

 

(a) At the fall of the hammer the Buyer will have entered into an irrevocable contract to purchase the relevant Lot and shall be responsible for insuring that Lot against damage or loss. The ownership of any Lots purchased shall not pass to the Buyer until they have made payment in full to us for the total amount due. We have the right to cancel the sale of any item if you are found to be in breach of our terms and conditions.

 

(b) The Buyer shall, at their own risk and expense, take away any lots they have purchased and paid for not later than 7 working days following the sale. All items not collected within 7 days will be automatically removed to storage and subject to a minimum storage charge of £20 (plus VAT) per lot and to a further storage charge of £5 (plus VAT) per lot per day or part thereof until collected. These charges will be the sole liability of the purchaser and will be billed directly to them by RWB Auctions. Adjustment of these charges might be possible if we are instructed by the purchaser to deliver to them.

 

Items which have not been collected within three calendar months of the date of sale will become the property of RWB Auctions who will dispose of them in any manner deemed appropriate by us. The proceeds of such disposal will belong to RWB Auctions and will not be set off against any outstanding moneys owed by the purchaser to RWB Auctions.

 

(c) No purchase can be claimed or removed until it has been paid for and we have completed necessary checks under the current Money Laundering Regulations.

 

(d) If you have requested a third party to collect your item for you we must have received written confirmation from you first. We will not release any items where formal confirmation has not been provided.

 

8. REMEDIES FOR NON-PAYMENT OR FAILURE TO COLLECT PURCHASES.If any Lot is not paid for in full and taken away in accordance with our Conditions or if there is any other breach of these Conditions, we, as agent for the seller and on our own behalf, shall be entitled to proceed against the Buyer for damages for breach of contract. RWB Auctions will be able to rescind the sale of that Lot and/or any other Lots sold by us to the Buyer or where appropriate to resell the Lot (by auction or private treaty). In this case the Buyer shall be responsible for any resulting deficiency in the total amount due (after crediting any part payment and adding any resale costs). Any surplus generated after our fees are paid will belong to the seller. We will remove, store and insure these Lots at the Buyer’s expense and, in the case of storage, either at our premises or elsewhere.We will charge interest at a rate not exceeding 1.5% per month on the total amount due to the extent it remains unpaid for more than 3 working days after the sale. RWB Auctions will retain that or any other Lot sold to the Buyer until they pay the total amount due. We retain the right under our sole discretion to reject or ignore bids from the Buyer or their agent at future auctions or to impose conditions before any such bids shall be accepted.We will 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 to exercise a lien (that is a right to retain possession of) any of your property in our possession for any purpose until the debt due is satisfied.We shall, as agent for the seller and on our own behalf pursue these rights and remedies only so far as is reasonable to make appropriate recovery in respect of breach of these conditions. Only bid if you intend to purchase the item because if you win the lot you will be liable to our terms and conditions.

 

9. THIRD PARTY LIABILITY. All bidders, buyers and other members of the public on our premises are there at their own risk and must note the lay-out of the accommodation and security arrangements. Accordingly neither the auctioneer nor our employees or agents shall incur liability for death or personal injury or for the safety of the property of persons visiting prior to or at a sale (except in each case as may be required by law by reason of our negligence)

 

10. COMMISSION BIDS. Whilst prospective buyers are strongly advised to attend the auction and are always responsible for any decision to bid for a particular Lot and shall be assumed to have carefully inspected and satisfied themselves as to its condition, we will if so instructed clearly and in writing, via telephone or our Website execute bids on their behalf. Neither the auctioneer nor our employees or agents shall be responsible for any failure to inspect.

 

Where two or more commission bids at the same level are recorded we reserve the right in our absolute discretion to prefer the first bid so made.

 

11. WARRANTY OF TITLE AND AVAILABILITY. The seller warrants to the auctioneer and you that the seller is the true owner of the property consigned or is properly authorised by the true owner to consign for sale and is able to transfer good and marketable title to the property free from any third party claims.

 

Save as expressly set out above, all other warranties, conditions or other terms which might have effect between the Seller and you, or us and you, or be implied or incorporated by statute, common law or otherwise are excluded to the fullest extent permitted by law.

 

As far as the seller is aware all details of the lot as laid out in the catalogue are correct. 

 

12. AGENCY. The auctioneer normally acts as agent only and disclaims any responsibility for default by sellers or buyers.

 

13. TERMS OF SALE. The seller acknowledges that Lots are sold subject to the stipulations of these Conditions in their entirety and on the Terms of Consignment for Public Auctions as notified to the consignor at the time of the entry of the Lot.

 

14. DESCRIPTIONS AND CONDITION. Whilst we seek to describe lots accurately, it may be impractical for us to carry out exhaustive due diligence on each lot. Most lots are second hand so are unlikely to be in perfect condition. Prospective buyers are given ample opportunities to view and inspect before any sale and they (and any independent experts on their behalf) must satisfy themselves as to the accuracy of any description applied to a lot.  

 

Prospective buyers bid on the understanding that, inevitably, representations or statements by us as to authorship, genuineness, origin, date, age, provenance, condition or estimated selling price involve matters of opinion. We undertake that any such opinion shall be honestly and reasonably held and accept liability for opinions given negligently or fraudulently. Subject to the foregoing neither we the auctioneer nor our employees or agents nor the seller accept liability for the correctness of such opinions and all conditions and warranties, whether relating to description, condition or quality of lots, express, implied or statutory, are hereby excluded. 

 

RWB Auctions is not liable for damage to gilded picture frames, plaster picture frames or picture frame glass; if the Lot is or becomes dangerous, we may dispose of it without notice to you in advance in any manner we see fit and will be under no liability for doing so.

 

Private treaty sales made under these Conditions are deemed to be sales by auction for purposes of consumer legislation.

 

15. FORGERIES. Notwithstanding the preceding, any Lot which proves to be a deliberate forgery (as defined) may be returned to us by you within 12 months of the 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 we are satisfied from the evidence presented that the Lot is a deliberate forgery we shall refund the money paid by you for the Lot including any buyer’s premium +VAT provided that the catalogue description reflected the accepted view of scholars and experts as at the date of sale.If you are personally not able to transfer a good and marketable title to us, you shall have no rights under this condition.

 

The right of return provided by this Condition is additional to any right or remedy provided by law or by these Conditions of Sale. We can only refund the amount you paid for the item irrespective of any other form of valuation.

 

16. PRIVACY NOTICE. We will hold and process any personal data in relation to you in accordance with our current privacy policy, a copy of which is available on our website RWB Auctions.

 

17. ADMISSION. We have the right at our discretion (and without need of an explanation) to refuse admission to our premises or attendance at our auctions by any person.

 

18. COMPENSATION. Any right to compensation for losses, liabilities and expenses incurred in respect of and as a result of any breach of these Conditions and any exclusions provided by them shall be available to the seller and/or the auctioneer as appropriate. Such rights and exclusions shall extend to and be deemed to be for the benefit of employees and agents of the seller and/or the auctioneer who may themselves enforce them. 

 

19. NOTICES. Any notice to any buyer, seller, bidder or viewer may be given by first class mail, or email in which case it shall be deemed to have been received by the addressee 48 hours after posting.

 

20. LANGUAGE. Special terms may be used in catalogue descriptions of particular classes of items in which case the descriptions must be interpreted in accordance with any glossary appearing at the commencement of the catalogue.

 

21. FAIRNESS. Any indulgence extended to bidders, buyers or sellers by us notwithstanding the strict terms of these Conditions or of the Terms of Consignment shall affect the position at the relevant time only and in respect of that particular concession only; in all other respects these Conditions shall be construed as having full force and effect.

 

22. LIABILITY. We are not liable to you for any loss of opportunity or disappointment caused by participating in our Auctions, nor will we be liable for any unforeseen loss or damage which occurs while complying with the Conditions of Business. If we are found to be negligent or in breech of contract our liability will be limited solely to the Proceeds due for the sold goods or the minimum reserve if unsold.

 

23. NOTICES. All notices issued between us and yourself regarding the terms of Consignment must be submitted either via email or in writing and delivered by hand or registered post. Emails must be submitted to office@RWBAuctions.com.

 

24. CHANGES. We reserve the right to change our Terms of Consignment without notice and each clause should be seen to operate separately. These terms are between you and us exclusively and are governed in accordance with the laws of England and the jurisdiction of the English courts only.

 

25. DATA PROTECTION & PRIVACY. If you have actively consented we might send you marketing material which we feel may be of relevance to you. You can unsubscribe at any time by emailing office@RWBAuctions.com. We do not share your personal data except with transport and courier companies as applicable.

 

Extra Information for Buyers:

 

Jewellery & Gemstones

 

Coloured Gemstones

 

Purchasers are advised that whilst great care has been taken in the examination of gemstones, it is not possible to test gemstones outside of laboratory conditions. Any gemstone not provided with a laboratory report has been assessed by RWB Auctions within the limitations of any mounting and an opinion has been given where possible.

 

Many coloured gemstones have been subjected to a variety of treatments designed to enhance their appearance. Certain enhancement methods, such as heating, are routinely used to alter aspects of rubies, sapphires, and other gemstones. Oiling is often undertaken to enhance the clarity of emeralds. The international jewellery trade has generally accepted these and other enhancement methods. Some treatments are permanent whereas others may only be semi-permanent, possibly requiring further re-treatment in order to retain their appearance.

 

Because of the widespread variety of treatments within the jewellery industry, prospective purchasers should assume that all gemstones will have been treated unless statements are made to the contrary. Gemmological reports from internationally recognised Gemmological Laboratories will be noted in the item description where available.

 

Diamonds

 

Advancements in technology have led to some diamonds being treated in a number of ways, all designed to improve their appearance or alter their colour. Processes include but are not necessarily limited to: fracture filling, laser drilling, a combination of drilling and filling, HPHT treatment, irradiation and various coatings. Buyers are also alerted to the fact that synthetic diamonds are now produced in large quantities. Whilst every effort is made to identify or disclose treated and synthetic goods, it is not possible for RWB Auctions to guarantee that all diamond set lots do not contain such material.

 

RWB Auctions do not knowingly offer treated diamonds for sale, unless a gemmological opinion disclosing the type of treatment has been obtained and the treatment would be stated within the item description.

 

Pearls

 

All lots containing pearls are untested and unwarranted as natural pearls 

 

Weights and Measures

 

Estimated diamond weights, colours and clarities are given by RWB Auctions are intended as guides for prospective purchasers, with the given limitations of mounts and settings, and are opinions only, not guaranteed by RWB Auctions.

 

Weights of coloured gemstones offered are extrapolated on the estimated dimensions, using trade standard formulae. Due to the traditional cutting techniques for coloured gemstones it is possible there may be discrepancy between the stated estimate and the unmounted weight.

 

RWB Auctions do not guarantee the standard of gold, silver or platinum unless an item is hallmarked. Results from electronically tested items should only be used as a guide and with caution, as false readings are possible.

 

Lengths and weights provided are estimates only.

 

Short Glossary of Terminology used:

 

John Smith: in our opinion a work by the artist.

 

Attributed to John Smith: in our opinion a work of the period, which may be in the whole, or in part, the work of the artist.

 

Studio of John Smith: in our opinion a work by an unknown hand, which may have been executed in the studio of the artist.

 

Circle of John Smith: in our opinion a work from the period of the artist and showing his influence.

 

Follower of John Smith: in our opinion a work executed in the style of the artist, but not necessarily by a pupil.

 

Manner of John Smith: in our opinion a work executed in the style of the artist, but at a later date.

 

After John Smith: in our opinion a copy of any date after a work by the artist.

 

Signed / Inscribed / Dated John Smith: in our opinion the work has been signed / inscribed / dated by the artist.

 

Bears signature / inscription / date of John Smith: in our opinion the signature / inscription / date are probably not by the hand of the artist.

 

Any item that may qualify for Artist’s Resale Rights (ARR) royalty charges will be appropriately marked in the catalogue. This payment is calculated on qualifying works of art which are sold for a hammer price more than the UK sterling equivalent of EURO 1,000.

 

Condition. is not specified within the catalogue descriptions; please request a condition report for further advice.

 

Terms of Sale for Online Auctions 

 

The following terms apply to sales conducted online only and should be used alongside and not entirely exclusive to our buyers conditions of sale.

 

(a) If you are a consumer resident living within the European Union you have the right to cancel any online only transaction from us (for any reason) provided the claim is made within 14 calendar days of receipt of the item. We will require written notification of your intent within this 14 day time period via letter or email in order to process your return and may require proof of delivery date. 

 

(b) The 14 days begins on the first day the item is received by you or a nominated person on your behalf and does not include receipt or holding by shipping companies.

 

(c) Upon return receipt of the item RWB Auctions will refund the buyer within 10 days  provided we are happy that the item arrived in the condition it was expected to arrive in. We refund buyers the full cost of the item including auction fees and initial postage cost but any return costs are the sole responsibility of the buyer. The refund will be given using the same method as the item was paid for.

 

(d) Where damage has occurred in transit we will require photographic proof of the item and any packaging to assist us with any third compensation claims.

 

(e) Please note RWB Auctions accepts no financial responsibility for items sent via a third party shipping company. Where compensation has been taken out this is at the sole request of the buyer and is the liability of the relevant shipping firm.

 

(f) RWB Auctions nor the seller will be liable for any difficulty in executing bids due to but not exclusively caused by internet connection, bidding software, computer or phone errors.