Terms and Conditions
Auctioneers’ Terms and Conditions
1. The Auctioneers’ terms and conditions are displayed at the Auction rooms and are in print on the Catalogue. Vendors and purchasers are therefore deemed to be aware of the terms of sale.
2. The Auctioneers reserve the right to catalogue and lot goods as they see fit. No commitment can be given as to when such goods will be offered for sale.
3. The Auctioneers give no guarantee as to the quality of the goods sold.
4. All persons attending a Sale under the conduct of the Auctioneers – whether at their Sale Rooms or elsewhere – shall be deemed to be on the land and premises at their own risk and shall have no claim against the Auctioneers or their principles in respect of the cancellation/postponement of a Sale or any loss, accident or injury, however occasioned, save in so far as the same is proven to be caused by the direct negligence of an employee(s) of the Company.
5. Persons handling lots do so at their own risk and shall make good all loss or damage howsoever sustained; such estimate of cost to be assessed by the Auctioneers whose decision shall be final.
6. At the fall of the hammer, the highest bidder, acceptable to the Auctioneers, shall be the Purchaser and any dispute shall be settled by the Auctioneers, whose decision shall be absolute and final. No lots shall be transferred.
7. The Auctioneers may divide, combine, add or withdraw lots and make any catalogue alterations without notice. They shall regulate the advance of bidding, accept or reject any bid at their discretion and without consultation and bid on behalf of the Vendor, where there is a reserve price or at their discretion.
8. The Auctioneers shall not be responsible for default on the part of Vendors or Purchasers. Any resultant deficiency, together with interest, cost and expenses, shall be made good by the defaulter, recoverable as and for liquidated damages. The Auctioneer, in appropriate circumstances, will enforce a Sale Contract at the fall of the hammer unless there are reasonable circumstances which would seem to indicate otherwise.
9. Any claim under any Statute must be received in writing within 10 days of the Sale.
10. Catalogue descriptions shall be taken as a matter of opinion only. The Auctioneers accept no responsibility for faults or imperfections of any lot described in the catalogue or given verbally by a member of staff. Intending purchasers must satisfy themselves by inspection or otherwise as to the description, condition, quality and originality of any lot prior to bidding.
11. At the fall of the hammer, all lots shall be and remain, in every respect, at the absolute risk of the Purchaser, including those of fire, burglary, etc, and damage occasioned to lots by the removal of other goods.
12. The Auctioneers are prepared to accept commission bids on behalf of intending Purchasers unable to attend at the time of the Sale, providing requests are made in writing and up to half an hour before the commencement of a Sale and given to the Auctioneer or the Auction Rooms Manager. This complimentary service is made at the purchaser’s own risk and the Auctioneer cannot accept liability for failure to receive and/or place any such bids. The Auctioneers cannot be held responsible for, nor are they connected with, commission bids given to Auction Room Porters or any other member of the Auctioneers’ staff.
13. A Buyer’s premium of 15% plus VAT is chargeable on the hammer price.
14. If an asterisk (*) precedes any lot number, VAT will also be payable on the hammer price.
15. Payment for goods purchased at the Auction should be made on the day of the Sale or no later than the Tuesday morning following.
16. Windsor Auctions accept debit cards and most credit cards with the exception of American Express.
17. No goods purchased at the Sale may be removed without payment first being made except with the express permission of the Auctioneers.
18. Purchasers are requested to collect all items bought by the Tuesday afternoon following the Sale. Items not collected by 5pm on the Tuesday will be subject to a storage charge of £3 per day. Should the items still remain after 14 days, the Auctioneers reserve the right to re-offer them in the next available Sale to recover costs.
19. It is a condition of the Auction that the Vendor indemnify the Auctioneers against all and any claims made in connection with the goods sold.
20. Reserves must be agreed mutually between the Vendor and the Auctioneers at least 24 hours before an auction, but all lots valued below £20 must be offered without reserve. Any lot offered for sale without reserve will be sold at the best price achievable at auction on sale day.
21. Should a reserve figure not be agreed mutually between Vendor and the Auctioneer and the lot remains unsold, the Auctioneers reserve the right to levy a charge of 5% of the Auctioneer’s estimated value.
22. A withdrawal fee of 5% of the reserve price (or lower estimate) will be made if a lot is entered and then withdrawn by the Vendor prior to the Sale.
23. Vendor’s commission is charged at 20% plus VAT on the hammer price.
24. Payment to Vendors will be made within 28 days of the Sale.
25. Vendors are requested to remove any unsold lots by the Tuesday afternoon following the Sale. There is a storage charge of £3 per day after this period.
26. If unsold lots valued above £20 remain uncollected after 14 days the Auctioneers retain the right to offer such lots for sale without reserve.
27. Where a lot remains unsold and is requested to be placed in a later sale, the Auctioneers retain the right to reduce the original reserve by 25%.
30. Auctioneer’s discretion may be used to sell a lot at up to 10% below the reserve price, unless a fixed reserve is specified at the time of entry.
Conditions of sale for Buyers
- The highest bidder to be the buyer. If any dispute arises the Auctioneers shall have absolute discretion to settle it and put any disputed lot up again for auction.
- All buyers are deemed to have read and understood our methods of payment, as outlined in the back of the catalogue.
- All buyers’ accounts are to be settled within 24 hours. Successful commission bidders will be contacted Sunday on the telephone number/s provided to confirm collection details.
- Buyer’s premium 15% plus VAT payable on all lots
- Lots marked with an asterisk* in the catalogue denote that 20% VAT is payable on top of the hammer price.
- Certain works by living artists, will incur an Artist’s Resale Right royalty charge of 4%, when sold with a hammer price of € 1000 (approx. £800) or more. Artist’s Resale Right royalties are not subject to VAT.
- All lots are put up for auction subject to any reserved price imposed by the vendor.
- Ownership of the offered lot shall pass to the buyer upon the fall of the auctioneer’s hammer when the auctioneer announces that the lot has been sold, from which point the buyer shall assume full risk and responsibility for the lot.
- All lots are sold as shown with all faults, imperfections and errors of description or of genuineness of authenticity. Windsor Auctions (Trading Name of Makeoffer Ltd) makes no warranty whatsoever. See (10).
- The lots to be taken away at the buyer’s risk and expense, not later than 5pm on the Tuesday after the sale; in default of which Windsor Auctions will not hold themselves responsible if the same are lost, stolen, damaged or otherwise destroyed. They will be left at the sole risk of the purchaser, and subject to a storage charge of £20 per lot per day (+ VAT). If at the expiration of the two days after the conclusion of the sale (unless otherwise agreed), the lots are not cleared and/or paid for, they may be sold immediately, either publicly or by private treaty, without notice being given to the defaulters.
- It is the buyers’ responsibility to measure any item to ensure that it can be accommodated in its’ intended location. All buyers must check their purchases before the lots leave the building. Windsor Auctions will accept no claims for loss or damage thereafter.
- Upon failure of the buyer to comply with any of the above conditions, the money deposited in part payment shall be forfeited; and the defaulter shall make good any loss arising from the resale, together with the charges and expenses in respect to both sales.
- Care is taken to ensure that any statement as to authorship, attribution, origin, date, age, provenance and condition is reliable and accurate but all statements are statements of opinion and are not to be taken as statements or representations of fact. The Auctioneers reserve the right in the forming their opinion to consult and rely upon the expert opinion or Authority reasonably considered by them to be reliable.
- Purchases may be cleared (after payment) immediately after the auction with the aid of the porters.
- Written bids (“Absentee Bids”) shall be taken and carried out for the convenience of the bidders. Windsor Auctions shall not be responsible for failing to execute such bids or errors relating to the execution of such bids. Bids will be executed as cheaply as is permitted by other bids or reserves, but will not be sold, for less than 50%, of the highest “Commission Bid” left.
Live telephone bids will only be accepted on lots with an estimate of £500 upwards. Telephone bids on lots of a lower value may be accepted at our discretion. Live Telephone Bids are subject to a “failure to communicate”, it is better to be in the room or leave a bid.
Welcome to the www.WindsorAuctions.co.uk website (the “Website”). The terms “we”, “us”, “our” and “WindsorAuctions” refer to Windsor Auctions. The term “you” refers to the individual(s) visiting the website and/or contributing content on this Website.
This Website is offered to you conditioned upon your acceptance without modification of any/all the terms, conditions and notices set forth below (collectively, the “Agreement”). By accessing or using this Website in any manner, you agree to be bound by the Agreement. Please read this Agreement carefully. If you do not accept all of these terms and conditions, you are not authorised to use this site.
We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement in accordance with the Terms and Conditions herein and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.
We will provide you with access to the Website in accordance with these Conditions.
1. YOUR OBLIGATIONS
1.1 agree not to use the Website (or any part of) for any illegal purpose and agree to use it in accordance with all relevant laws;
1.2 agree not to upload or transmit through the Website any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
1.3 will not upload or transmit through the Website any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
1.4 will not use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired;
1.5 will not use the Website in any manner which violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality, copyrights or rights of privacy);
1.6 will not create and publish a hypertext link to any part of the Website or attempt any unauthorised access to any part or component of the Website; and
1.7 agree that in the event that you have any right, claim or action against any Users arising out of that User’s use of the Website, then you will pursue such right, claim or action independently of and without recourse to us.
2.1 You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of any breach of the Conditions by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your PC or internet access account.
3. OUR RIGHTS
We reserve the right to:
3.1 modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or.
3.2 We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.
4. THIRD PARTY LINKS
4.1 In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
4.3 All offers and promotions advertised on WindsorAuctions are subject to the individual sites’ terms and conditions.
5.1 We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
6. YOUR DATA
You should be aware that:
6.1 if we are requested by the police or any regulatory or government authority investigating suspected illegal activities, or upon receipt of a court order, to provide your Personal Information and/or information concerning your activities whilst using the Website we shall do so; and
6.2 we reserve the right in our reasonable discretion to disclose details of your use of the Website in relation to any, or any threatened, Court Proceedings in connection with your use, or the use of anyone under your control, of the Website whether in connection with the matters set out in these Conditions or otherwise.
6.3 Windsor Auctions will always endeavour to operate in full accordance with The Data Protection Act (1998)
7. THE WEBSITE
7.1 All trademarks are the property of their respective owners and appear on WindsorAuctions solely for the purpose of identifying the providers of the sites reviewed.
7.2 Participation in WindsorAuctions is 100% free. There are no fees associated with using our website.
7.3 WindsorAuctions reserves the right, in its sole discretion and without notice, to add new features or to discontinue any feature at any time.
8. INTELLECTUAL PROPERTY AND RIGHT TO USE
8.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us.
8.2 You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
8.3 The Website is Copyright, © Windsor Auctions. All rights reserved.
9.1 You may send us notices under or in connection with these Conditions:
By email to office@WindsorAuctions.co.uk
10. DISCLAIMER & LIMITATION OF LIABILITY
10.1 While we will use reasonable endeavours to verify the accuracy of any information we place on the website, we make no warranties, whether express or implied in relation to its accuracy.
10.2 The Website is provided on an “as is” and “as available” basis without any representation or endorsement. Unless specified in separate terms and conditions related to a particular product or service, we make no warranties of any kind, whether express or implied, in relation to the Website, or products or services offered on the Website whether by us or on our behalf (including free software downloads) including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade.
10.3 Unless specified in separate terms and conditions related to a particular product or service, we make no warranty that the Website or products or services offered on the Website whether by us or on our behalf (including free software downloads) will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or the server that makes it available or products or services offered on the Website whether by us or on our behalf (including free software downloads) are free of viruses or bugs or are fully functional, accurate, or reliable. We will not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading from the Website.
10.4 Notwithstanding any other provision in the Conditions, nothing shall limit your rights as a consumer under English law.
10.5 You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by you.
10.6 We will not be liable in contract, tort or otherwise if you incur loss or damage connecting to the Website through a third party’s hyper-text link.
10.7 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with the Website or products or services offered on the Website whether by us or on our behalf (including free software downloads) for:
– any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
– any loss of goodwill or reputation; or
– any special or indirect or consequential losses; in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred.
10.8 Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
11.1 If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not effect the validity and enforceability of any of the remaining provisions of the Conditions.
12.1 Nothing shall be construed as a waiver by us of any preceding or succeeding breach of any provision.
13.1 Each provision of these Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
14. ENTIRE AGREEMENT
14.1 These Conditions (as amended from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these Conditions.