Terms of Sale

Important Notice

These Terms of Sale are intended as a general template for a small auction house operating in England and Wales. They should be reviewed and adapted by a qualified solicitor to ensure compliance with applicable laws, including consumer protection, anti-money laundering, distance selling, and data protection legislation.

1. Definitions

In these Terms:

· “Auctioneer” means [Marsh Barton].

· “Buyer” means the person making the highest bid accepted by the Auctioneer.

· “Seller” means the owner or consignor of a Lot.

· “Lot” means any item offered for sale.

· “Hammer Price” means the highest bid accepted by the Auctioneer.

· “Premium” means the buyer’s premium payable in addition to the Hammer Price.

· “Reserve” means the confidential minimum price agreed between the Seller and the Auctioneer.

2. Conditions of Business

2.1 All Lots are offered subject to these Terms of Sale.

2.2 By bidding at auction, whether in person, online, by telephone, absentee bid, or through a third-party platform, the Buyer agrees to be bound by these Terms.

2.3 The Auctioneer acts as agent for the Seller except where expressly stated otherwise.

3. Bidding

3.1 The Auctioneer has absolute discretion regarding the conduct of the auction.

3.2 The Auctioneer may:

· refuse any bid;

· advance bidding as appropriate;

· withdraw any Lot;

· divide or combine Lots;

· reopen or settle disputed bidding.

3.3 The highest bid acknowledged by the Auctioneer shall be the Buyer.

3.4 The Auctioneer reserves the right to require proof of identity and address before registering bidders.

3.5 New bidders may be required to provide a deposit or bank reference.

4. Online Bidding

4.1 The Auctioneer may offer bidding through third-party online platforms.

4.2 The Auctioneer is not responsible for technical failures, internet disruptions, platform errors, or missed bids.

4.3 Additional platform fees may apply and will be stated in the catalogue or online listing.

5. Buyer’s Premium and VAT

5.1 The Buyer shall pay:

· the Hammer Price;

· the Buyer’s Premium of [15–25]% plus VAT;

· any applicable VAT on the Hammer Price;

· any online bidding platform charges;

· packing, shipping, storage, or other agreed charges.

6. Payment

6.1 Payment is due immediately following the auction unless otherwise agreed in writing.

6.2 Accepted payment methods may include:

· bank transfer;

· debit card;

· cash (subject to legal limits);

· credit card.

6.3 Credit card payments may be subject to additional charges where permitted by law.

6.4 Title to the Lot shall not pass to the Buyer until cleared funds are received in full.

7. Collection and Storage

7.1 Purchased Lots must be collected within [5] working days of the auction or s storage charge of £5 a day will be incurred

7.2 Risk in the Lot passes to the Buyer at the fall of the hammer.

7.3 Lots left after the collection period may incur storage charges.

7.4 The Auctioneer may arrange packing and shipping at the Buyer’s request but does so at the Buyer’s risk and expense.

8. Failure to Pay or Collect

8.1 If the Buyer fails to pay or collect a Lot, the Auctioneer may:

· cancel the sale;

· resell the Lot;

· retain any deposit;

· charge storage and administration fees;

· recover losses and legal costs;

· refuse future bidding privileges.

8.2 Interest may be charged on overdue amounts at [4%] above the Bank of England base rate.

9. Condition of Lots

9.1 All Lots are sold “as seen” with all faults and imperfections.

9.2 Descriptions, condition reports, and estimates are statements of opinion only.

9.3 Buyers are responsible for satisfying themselves as to condition, age, authenticity, attribution, provenance, and completeness before bidding.

9.4 Neither the Seller nor the Auctioneer gives any warranty except as required by law.

10. Authenticity and Misdescription

10.1 If a Lot is proved to be a deliberate forgery, the Buyer may return the Lot within [21] days of the sale.

10.2 The Auctioneer’s liability shall be limited to the Hammer Price and Buyer’s Premium paid.

11. Reserves

11.1 Some Lots are offered subject to a Reserve.

11.2 The Auctioneer may bid on behalf of the Seller up to the Reserve.

12. Absentee and Telephone Bids

12.1 The Auctioneer may accept absentee and telephone bids as a convenience to clients.

12.2 The Auctioneer shall not be liable for failure to execute bids or for errors or omissions.

13. Consumer Rights

13.1 Nothing in these Terms excludes or limits any rights that cannot legally be excluded under applicable consumer law.

13.2 Buyers acting as consumers may have additional rights under UK consumer legislation.

14. Anti-Money Laundering

14.1 The Auctioneer reserves the right to request identification documents and proof of funds in compliance with anti-money laundering legislation.

15. Data Protection

15.1 Personal data shall be processed in accordance with applicable UK data protection laws.

16. Liability

16.1 The Auctioneer shall not be liable for indirect or consequential losses.

16.2 Nothing in these Terms excludes liability for fraud, death, or personal injury caused by negligence where such liability cannot legally be excluded.

17. Governing Law

17.1 These Terms shall be governed by and interpreted in accordance with the laws of England and Wales.

17.2 Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.