Chateau Gloria, 2019 [6 x 75cl] , Bordeaux

Terms & Conditions

Useful Information:

Online Platform

      Tavershams Limited offers an online auction platform via auctions.tavershams.com and through our iOS & Android mobile & tablet Apps.

      Please go to auctions.tavershams.com or download our App to register.

      At times, online bidding will be available via the saleroom.com - there will be a link from our website www.tavershams.com and this is where to find the auction on Saleroom:

https://www.the-saleroom.com/en-gb/auction-catalogues/tavershams

Fees:

All Lots purchased will be subject to a Buyer’s Premium being an additional charge plus Value Added Tax (+VAT) at the rate imposed on the hammer price, as follows:

      Buyer’s premium 15.5% (+VAT)

      If Buyer’s are using the saleroom.com facility for bidding, there will be an additional commission charge of 4.95% for live auctions and 3% for timed auctions (+VAT)

UK Customs and Excise Duty:

      Unless otherwise stated as ‘In-Bond’, all Lots will have UK Duty at the current rate included in the Hammer price.

      Lots marked as [IB] are stored ‘In Bond’ with no Duty and VAT paid on them. When In Bond they can be bought, sold, and delivered to other Bonded warehouses.  If they are to go out of Bond to a private address, Duty and VAT must be paid at the prevailing rates.

      Lots marked as [DP] are Duty Paid and liable for VAT on the Hammer Price.

Abbreviations Used:

      OWC (Original Wooden Case): may not have been opened nor the contents inspected.

      OC (Original Carton): may not have been opened nor the contents inspected.

      HF (High Fill); IN (Into Neck); VTS (Very Top Shoulder).

      TS (Top Shoulder); US (Upper Shoulder); MS: (Mid Shoulder); LS (Low Shoulder).

      (SL) STL: ((Slight) Stained Label);  DSL: (Damp Stained Label);  DIS (Disintegrated).

      FOIL (Foil/capsule damaged).

      OT (Original Tissue).

      BS (Bin Soiled).

      REM (tissue Remnants).

      CDL (Cellar Damaged Label).

      EU Shipped (coming from EU with excellent provenance)

      RH&D (Receipt, Handling and Despatch)

Shipping and Delivery:

      This is not included in the Hammer Price and details are set out below in 4(d) Handling, Packaging, Collection, Delivery and Shipping. 

      Buyers can arrange their own collection – please contact us, giving at least 48 hours’ notice, and ensure we have received payment so we can release the Lot(s) on your behalf.

      For mainland UK addresses, we will instruct a third-party courier to deliver on behalf of the Buyer.  This will either be an additional charge on our invoice, or you will be invoiced direct by Auction Logistics (third-party courier). 

      For Lots held outside the UK, indicated as ‘EU Shipped’, third-party couriers and shippers will be instructed to move the Lot(s) to UK which will take time and incur costs. 

Payment:

      All purchases to be paid in full on receipt of invoice and, at latest, within seven days of the sale.

      Payment may be made by: Bank Transfer (BACS) or on Credit/Debit card (Visa and Mastercard) up to a maximum of £5,000. 

BUYERS MUST ENSURE THEY READ & ACCEPT ALL TERMS AND CONDITIONS OF SALE, BEFORE BIDDING.

The conditions set out below are the terms on which we contract, as auctioneers, with Sellers and, as agent acting on behalf of Sellers, with Buyers. Buyers and Sellers should read the conditions carefully. Buyers’ attention is drawn in particular to Clause 16 which limits our liability.

For ease of reference, the Conditions are divided into sections:

      Section A gives a background to some of the terms used in the Conditions;

      Section B is of particular relevance to Buyers;

      Section C to Sellers; and

      Section D to both Sellers and Buyers.

SECTION A: BACKGROUND TO TERMS USED IN THESE CONDITIONS

In the conditions set out below, some terms are used regularly that need explanation. They are as follows:

      “the Buyer” means the person with the highest bid accepted by the auctioneer.

      “the Lot” means any item deposited with us for sale at auction and, in particular, the item or items described against any lot number in any catalogue.

      “the Hammer Price” means the amount of the highest bid accepted by the auctioneer in relation to a Lot.

      ”the Buyer’s premium” means the charge payable by the Buyer as a percentage of the Hammer Price, at the rates set out in Clause 5(a) in Section B.

      ”the Reserve” means the amount below which we agree with the Seller that the Lot cannot be sold.

      “Forgery” means a Lot constituting an imitation originally conceived and executed as a whole with a fraudulent intention to deceive as to authorship, origin, age, period, culture or source where the correct description as to such matters is not reflected by the description in the catalogue and which at the date of the auction had a value materially less than it would have had if it had been in accordance with the description in the catalogue. Accordingly, no Lot shall be capable of being a Forgery by reason of any damage and/or restoration work of any kind. (For more information on Forgery, see 12(c) and Clause 16 below.)

      “The Insured Value” means the amount that Tavershams Limited in its absolute discretion from time to time shall consider to be the value for which a Lot should be covered by insurance (whether or not insurance is arranged by us).

      “In Bond” means the wine is currently held in a bonded warehouse and no UK Duty and VAT has been paid on them. When In Bond they can be bought, sold, and delivered to other Bonded warehouses. If they are to go out of Bond to a private address, Duty and VAT must be paid at the prevailing rates.

      “Live Auction” is where the auction takes place at a pre-defined time and bids are taken in a live online environment.

      “Timed Auction” is where the auction is online only. Bids can be placed anytime within an advertised specified period at any point until the specific Lots has ended.

SECTION B: BUYERS

1. 1.    Tavershams Limited as Agent

As auctioneers, we act as agent for the Seller. Unless otherwise agreed sales of goods at our auctions result in contracts made between the Seller, through our agency, with the Buyer.

1. 2.    Before the Sale

(a) Examination of goods

Prospective buyers are strongly advised to view any goods in which they are interested before the auction takes place. Condition reports are usually available on request. We provide no guarantee to the Buyer other than in relation to Forgeries, as explained in Clause 16 of these Conditions.

(b) Catalogue descriptions

Statements by us in the catalogue or condition report, or made orally or in writing elsewhere, regarding the authorship, origin, date, age, size, medium, attribution, genuineness, provenance, condition or estimated selling price of any Lot are merely statements of opinion and are not to be relied on as statements of definitive fact. Catalogue illustrations are for guidance only and should not be relied on either to determine the tone or colour of any item or to reveal imperfections. Estimates of the selling price should not be relied on as a statement that this price is either the price at which the Lot will sell or its value for any other purpose.

Many items are of an age or nature which precludes their being in perfect condition and some descriptions in the catalogue or given by way of condition report make reference to damage and/or re-conditioning. We provide this information for guidance only and the absence of such a reference does not imply that an item is free from defects nor does a reference to particular defects imply the absence of any others.

All purchases “as is” and no returns will be accepted.

Label images online are meant to be representative of the item only – they do not depict the actual lot for sale.

(c) Buyer’s Responsibility

Buyers are responsible for satisfying themselves concerning the condition of the goods and the matters referred to in the catalogue description. All lots are offered for sale in the condition they are in at the time of the auction (whether or not Bidders are in attendance at the auction).

(d) Importation into a Buyer’s destination country

The purchaser’s inability to import any item into his destination country as a result of Government economic sanctions or other restrictions shall not justify cancellation or rescission of the sale or any delay in payment. Please satisfy yourself before bidding as to whether a lot is subject to such import restrictions, or any other restrictions on importation or exportation.

3. At the Sale

a) Refusal of admission

Our sales take place online. We have full control over buyer registrations for the sale and we have the right, exercisable at our complete discretion, to refuse participation to any prospective buyer to an auction.

b) Registration before bidding

To bid during the auction Bidders will be required to register for a digital paddle prior to the auction. We strongly encourage new bidders to pre-register at least 48 hours prior to the auction.

Prospective buyers should be aware that we reserve the right to require buyers to undergo a credit check.

c) Bidding as Principal

When making a bid, prospective buyers will be accepting personal liability, unless it has been agreed in writing, at the time of registration, that a bidder is acting as an agent on behalf of a third party acceptable to us.

Consignors and their agents are strictly forbidden from bidding on their own property.

d) Absentee Bids

If a prospective buyer gives us instructions to bid on his behalf, we shall use reasonable efforts to do so, provided these instructions are received not later than 24 hours before the sale. If we receive absentee bids on a particular Lot for identical amounts, and at auction these bids are the highest bids for the Lot, it will be sold to the person whose bid was received first. Absentee bids are undertaken subject to other commitments at the time of the sale, and the conduct of the sale may be such that we are unable to bid as requested. Since this is undertaken as a free service to prospective buyers on the terms stated, we cannot accept liability for failure to make an absentee bid.

e) Telephone Bids

If prospective Buyers make arrangements with us not less than 24 hours before the sale, we shall use reasonable efforts to contact the bidders to enable them to participate in bidding by telephone, but in no circumstances will we be liable to either the Seller or any prospective buyer as a result of failure to do so.

f) Currency Converter

At some auctions, a currency converter will be operated, based on the rates of exchange quoted to us by XE.com at opening on the date of the auction. Bidding will however take place in sterling. The currency converter is not always reliable, and errors may occur beyond our control either in the accuracy of the Lot number displayed on the converter, or the foreign currency equivalent of sterling bids. We shall not be liable to the Buyer for any loss suffered as a result of the Buyer following the currency converter rather than the sterling bidding.

g) Video images

At some auctions there will be a video screen. Mistakes may occur in its operation, and we cannot be liable to the Buyer regarding either the correspondence of the image to the Lot being sold or the quality of the image as a reproduction of the original.

h) The auctioneer’s discretion

The auctioneer has the right at his absolute discretion to refuse any bid, to advance the bidding in such manner as he may decide, to divide any Lot, to combine any two or more Lots, to withdraw any lot, and, in the case of error or dispute, to put an item up for bidding again. All aforementioned action can also be taken after the fall of the hammer.

i) Bidding Increments

Bidding increments are provided pre-defined online.

j) Successful bid

Subject to the auctioneer’s discretion, the striking of his hammer marks the acceptance of the highest bid and the conclusion of a contract for sale between the Seller and the Buyer.

k) Online Bidding

To bid during the auction, Bidders will be required to register for a digital paddle prior to the auction. We strongly encourage new bidders to pre-register at least 48 hours prior to the auction.

      Tavershams Limited offers an online auction platform via auctions.tavershams.com and through our iOS & Android mobile & tablet Apps.

      Please go to auctions.tavershams.com or download our App to register.

      At times, online bidding will be available via the saleroom.com - there will be a link from our website www.tavershams.com and this is where to find the auction on Saleroom:

https://www.the-saleroom.com/en-gb/auction-catalogues/tavershams

Credit card verification will be required for account set up.

By completing the bidder registration and providing your credit card details, unless alternative arrangements are agreed with Tavershams Limited, the buyer agrees to:

       Authorise Tavershams Limited to charge the credit card given in full, including all fees, for items successfully purchased in the auction.

       Confirm that you are authorised to provide these credit card details to Tavershams Limited.

4. After the Sale

(a) Fees

In addition to the Hammer Price, the Buyer must pay a ‘Buyer’s Premium’ at a rate of 15.5% (+VAT) of the Hammer Price.  If Buyer’s are using the saleroom.com facility, there will be an additional commission charge of 4.95% for live auctions and 3% for timed auctions (+VAT).

(b) Value Added Tax (VAT) and UK Customs Duty (Duty)

VAT is always payable on any additional fees, including the Buyer’s Premium and Auction Fees. It may also be payable on the Hammer Price, if the Lot has been marked with a sign to that effect in the catalogue [DP]. It may be refunded on proof of export from the United Kingdom.

Unless otherwise stated, Lots will have UK Duty at the current rate included in the Hammer Price, unless they are stored In Bond [IB] and the Buyer is keeping it In Bond.

Lots marked as [DP] are Duty Paid & liable for VAT on the Hammer Price.

Lots marked as [IB] are stored ‘In Bond’.

Tavershams Limited can arrange storage for Lots, on request. Please make contact for further details.

(c) Payment

All purchases to be paid in full on receipt of invoice and at latest within seven days of the sale.

This applies even if the Buyer wishes to export the Lot and an export licence is (or may be) required. The Buyer will not acquire title to the Lot until all amounts due have been paid, even in circumstances where we have released the Lot to the Buyer.

Payment may be made by Bank Transfer (BACS) or, at a maximum single transaction of £5,000 per invoice on Credit/Debit card (Visa and Mastercard are accepted). 

Winning bidders will receive a confirmation email on their successful bids and invoices are sent out by email after the auction.

All goods sold to the Buyer will remain the property of the Seller until such time as the invoice has been paid in full.

(d) Handling, Packaging, Collection, Delivery and Shipping

After the fall of the hammer, any risk and duty shall devolve upon the Buyer from the Seller. Tavershams Limited shall retain Lots sold until all amounts due have been paid in full.

The Buyer will be responsible for insurance of the Lot(s) and should make their own  arrangements if required.

Buyers can collect in person or arrange a courier or shipper to collect their Lot(s), in which case, we require a minimum of 48 hours’ notice, and ensure we have received payment.

For mainland UK addresses, we will instruct a third-party courier to collect and deliver on behalf of the Buyer.  This will either be an additional charge on the Buyer’s invoice (please contact us if this is not required) or, you will be invoiced direct by Auction Logistics (third-party courier).

For Lots held outside the UK, indicated as ‘EU Shipped’ in the auction, Taversham’s will instruct third party couriers and shippers to move the Lot(s) to the UK which will take time and incur costs.  A standard delivery charge will be made on the invoices relevant to these Lot(s).  In this case, we will contact the Buyer when the Lot(s) are available and ready for delivery in the UK.  If the Buyer then wishes to collect themselves, please contact us.

Additional charges will be made for packaging and handling including RH&D (Receipt, Handling & Despatch) for Lots stored In Bond. All packing and handling are at the Buyer’s risk.

On delivery, the Buyer should unpack and check the contents carefully, and notify any discrepancies immediately to the shipper in question.

Taversham’s Limited accepts absolutely no responsibility for any damages, breakages, or loss (see Clauses 15 Extent of our Liability, and Clause 16 Refund in the case of Forgery).

(e) Remedies for non-payment or failure to collect purchases

If the Buyer fails to make payment within seven days, we shall be entitled to exercise one or more of the following rights or remedies:

      to charge interest at a rate equal to 5% above Bank of England base rate per month, or part month (compound interest) on the full amount due to the extent it remains unpaid for more than seven days after the date of the auction.

      to set off against any amounts which may be owed in any other transaction the outstanding amount remaining unpaid by the Buyer.

      to exercise a lien on any of the Buyer’s property which may be in our possession for any purpose and, following fourteen days’ notice to the Buyer of the amount outstanding and remaining unpaid, arrange the sale of such property and apply the proceeds in discharge of the amount outstanding to us.

      to reject at any future auction any bids made by the Buyer or on his behalf or obtain a deposit from the Buyer before accepting any bids.

If the Buyer fails to make payment within thirty-four days, we shall in addition be entitled:

      to issue proceedings on behalf of the Seller against the Buyer to recover the full amount due, together with the costs of such proceedings on a full indemnity basis and with interest, charged at 5% per annum above the Bank of England rate.

      to cancel the sale of the Lot or any other item sold to the Buyer at the same or any other auction.

      to arrange a resale of the Lot, publicly or privately, and if this results in a lower price being obtained, claim the balance from the Buyer together with any costs incurred in connection with the Buyer’s failure to make payment.

(f) Failure to collect

Where purchases are not collected within seven days after the sale, whether or not payment has been made, storage will be at the Buyer’s expense.  Taversham’s Ltd will only release the items purchased after payment has been made in full for storage and any other costs incurred, together with payment of all other amounts due to us.

(g) Export and Permits

It is the Buyer’s sole responsibility to identify, obtain, and purchase any necessary export, import, or other permit for the Lot(s). We will not be obliged to refund any interest or other expenses incurred by the Buyer where payment is made by the Buyer even if an export licence is required. Unless otherwise agreed by us in writing, the fact that the Buyer wishes to apply for an export licence does not affect his obligation to make payment within seven days nor our right to charge interest on late payment.

Read Full Terms & Conditions on Tavershams Website