Whittaker & Biggs Auctioneers & Valuers
Terms and Conditions for Buyers and Sellers, and Conditions of Sale
Contents
Terms and Conditions for Buyers
1. Introduction 2. Agency 3. Estimates 4. The Purchase Price 5. CITES Regulations 6. Artist's Resale Right (Droit de Suite) 7. Condition of Lots 8. Electrical Goods 9. Export of Goods 10. Bidding 11. Commission Bidding 12. Live Bidding 13. Methods of Payment 14. Collection and Storage 15. Postage, Packing and Delivery 16. V.A.T.
Terms and Conditions for Sellers
1. Interpretation 2. Commission and Entry Fee 3. Removal Costs 4. Loss and Damage Waiver 5. Reserves 6. Electrical Items 7. Soft Furnishings 8. Descriptions 9. Unsold Items 10. Withdrawn Items (Pre-Sale) 11. Conditions of Sale 12. Authority to Deduct Commission and Expenses, and Retain Premium and Interest 13. Warehousing 14. Settlement 15. Clients' Money
Conditions of Sale
1. Definitions 2. Bidding Procedures 3. Bidding Increments 4. Purchase Price 5. Payment 6. Title and Collection of Purchases 7. Remedies for Non-Payment or Failure to Collect Purchases 8. Third Party Liabilities 9. Commission Bids 10. Warranty of Title and Availability 11. Agency 12. Terms of Sale 13. Descriptions and Condition 14. Forgeries 15. Admission Rights 16. Liability and Compensation 17. Governing Law 18. Copyright and Use of Materials
Glossary of Cataloguing Terminology
Plain-English Summary
Users' Introduction
In today's marketplace, consumer protection law shapes how auctions are run for the sale of goods. In particular, the Consumer Rights Act 2015 affects the way our terms must be written: a contract term that puts a consumer at an unfair disadvantage may not be enforceable against them, and terms must be set out in plain and intelligible language.
At Whittaker & Biggs Auctioneers & Valuers, we deal with our clients in two distinct capacities. First, a seller engages our services as our client. Second, a buyer does not contract directly with the seller, because we act only as the seller's agent, but instead buys under the standard conditions we set as auctioneer. Those conditions form a direct contract between the buyer and Whittaker & Biggs.
These conditions are designed to comply with the law and to give fair protection to the seller, the auctioneer, and the buyer as to their respective duties and liabilities, for sales across England and Wales, including general and specialist sales of goods such as fine art and jewellery.
The two cornerstone documents are the Terms and Conditions for Sellers and the Terms and Conditions for Buyers. Unlike many auction houses, we keep these separate: a seller must understand and accept the relevant requirements of sale, or we cannot offer buyers certain protections, such as our anti-forgery provisions. The seller/auctioneer relationship and the seller/buyer relationship are two separate contracts.
To make sure everyone is properly informed, our Conditions of Sale are published in our catalogues and displayed prominently in the saleroom and online ahead of each auction. Our Terms and Conditions for Sellers are also shown on the vendor form when goods are consigned for sale. It remains important that everyone is made aware of the relevant terms before, or at the point of, entering into any contract with us.
Terms and Conditions for Buyers
1. Introduction
These Terms and Conditions set out the rights and responsibilities of buyers at Whittaker & Biggs Auctioneers & Valuers, and are here to help all buyers, particularly those who are new to buying at auction. All sales are conducted in accordance with our printed Conditions of Sale, which are available for inspection in and outside our office. Our staff are happy to help with any questions.
2. Agency
We act primarily as agent for the seller. The seller's identity is generally kept confidential to protect their privacy. Your contract for the lot itself is therefore with the seller, not with us as auctioneer.
3. Estimates
Estimates help buyers gauge the expected price range for a lot. The lower estimate may reflect the reserve price and will not be lower than it. Estimates do not include the buyer's premium or VAT where applicable, are prepared before the auction, and may be adjusted by announcements made before the sale. Estimates are opinions, not guarantees, and may change with market conditions.
4. The Purchase Price
As a buyer, you must pay the hammer price, the final bid accepted for a lot, plus a premium of 22.5% and VAT at 20% on that premium, giving a total of 27% on top of the hammer price. For example, a lot selling for £100 costs £127 in total (£100 + £22.50 premium + £4.50 VAT on the premium). Bidders using easyliveAuction.com may choose a one-off payment of £3.00, or 3% plus VAT, in addition to the 22.5% plus VAT buyer's premium.
To be clear, our live webcast auctions are not distance contracts for the purposes of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013: you have the opportunity to attend the auction in person, whether or not you choose to.
5. CITES Regulations
Some lots may be subject to CITES (the Convention on International Trade in Endangered Species of Wild Fauna and Flora). A lot containing material derived from an endangered species may require special permits for export, and it is the buyer's responsibility to comply with the applicable law. Any lot that requires CITES paperwork to be sold lawfully will be sold with the relevant paperwork and submission number.
6. Artist's Resale Right (Droit de Suite)
Some lots are subject to Droit de Suite, a royalty payable to qualifying artists (or their heirs, for up to 70 years after their death) each time a work is resold during that period. The royalty is a percentage of the hammer price (excluding the buyer's premium) and does not apply to lots selling for less than £1,000. The maximum royalty on any single lot is £12,500. Current rates are:
• 4% on the portion of the hammer price up to £50,000
• 3% on the portion from £50,000.01 to £200,000
• 1% on the portion from £200,000.01 to £350,000
• 0.5% on the portion from £350,000.01 to £500,000
• 0.25% on the portion above £500,000
Lots potentially subject to the levy are marked with a ? symbol next to the lot description, and this will also appear in the lot's condition report. The royalty is added to your purchase price and forwarded to the appropriate collecting agency.
7. Condition of Lots
We act as agent for the seller and rely on the information the seller gives us. We may inspect lots generally, but we do not carry out the kind of thorough examination needed to establish condition with certainty. You are encouraged to inspect lots before bidding and take responsibility for doing so. Our Conditions of Sale contain important exclusions of liability for the condition of lots, and neither we nor the seller accept responsibility for it. Mechanical items in particular are not guaranteed to be in working order. Where we do give information about a lot's condition based on our own examination, we will be liable for any defect that a reasonable inspection should have identified.
A lot that is misdescribed as being a deliberate forgery may, in certain circumstances, be returned for a full refund, see clause 14 (Forgeries) of our Conditions of Sale, which allows 21 days from the date of sale.
8. Electrical Goods
Lots originally designed to run on mains electricity must be checked by the buyer before use. These items may not comply with current statutory safety requirements and are sold as decorative items, or for spares and repairs. We recommend having any such item checked and tested by a qualified professional before use.
9. Export of Goods
If you intend to export goods, it is your responsibility to establish whether an export licence is required and whether there are restrictions on exporting goods of that kind, for example, items containing ivory or other restricted materials. Please contact us if you need help or clarification on export matters. If you ask us to post a lot overseas under clause 15 below, these export responsibilities still rest with you.
10. Bidding
You may be asked to register before the auction begins. Lots are invoiced to the name and address given on the registration form, and we may ask for identification if you are not known to us. If you wish to bid by telephone, please ask about our arrangements in advance.
11. Commission Bidding
You may leave a commission bid with us, stating the maximum amount to be bid excluding the buyer's premium. We will execute these bids as economically as possible, taking into account any reserve and competing bids. Where two commission bids are identical, the one received first takes precedence. If you wish to leave a commission bid by telephone or email, please tell us in advance, as bids submitted on the day of the auction may not be executed in time.
12. Live Bidding
Live online bidding is available for all our auctions via our website, www.auctions.whittakerandbiggs.co.uk. To take part, you must register online and provide your card details. By registering, you authorise us to charge that card for any successful purchases, including applicable fees. You confirm you are authorised to use those card details, and agree that goods may be shipped to the name and address associated with the card.
13. Methods of Payment
We do not accept cash or cheques, but do accept all major debit and credit cards and bank transfers. Please discuss any other payment method with our office before the sale. Where you choose to pay by bank transfer, our bank details will be provided to you with your invoice.
14. Collection and Storage
You must collect your purchased lots promptly after payment, see clause 6 of our Conditions of Sale for the collection deadline and storage charges that apply if a lot is not collected in time. If you are unable to collect in person, see clause 15 below: we may be able to post your lot to you instead.
15. Postage, Packing and Delivery
(a) Where you are unable to collect a purchased lot in person from our premises, we offer an in-house postage and packing service as an alternative to collection. This service is offered at our discretion and is not available for every lot, see paragraph (g) below.
(b) Parcels sent under this service are sent via Royal Mail, tracked and requiring a signature on delivery, and are dispatched from our premises.
(c) Charges for postage and packing are payable before dispatch and are in addition to the hammer price, buyer's premium and any other sums due under our Conditions of Sale. Our current prices, per parcel and for delivery to UK mainland addresses only, are:
Item type - Suitable for - Price
Small Jewellery, Watches & Valuables (jiffy bag) - Rings, small pendants, single small items - £14.95
Medium Jewellery, Watches & Valuables (jiffy bag) - Single watch, bracelet, small boxed jewellery - £15.95
Large Jewellery, Watches & Valuables (jiffy bag) - Jewellery sets, multiple watches, larger valuables - £16.95
Small Box - China, glass, prints, small collectables (up to ~1kg) - £19.95
Large Box (450 x 350 x 160mm, our maximum size) - Larger lots, up to 2kg - £24.95
Over 2kg (within the same maximum box size) - Heavier lots that still fit within our largest box - Quoted individually
These prices include packing materials. All prices in this clause 15 are shown exclusive of VAT, which is payable in addition at the rate in force at the time of sale.
Where you have purchased more than one lot in the same sale, we will combine them into a single parcel and charge a single postage price wherever this is practical, based on the size, weight and nature of the combined items; where lots cannot practically be combined, each is charged separately. Where lots are combined into one parcel, the declared value for the purposes of paragraph (d) below is the combined declared value of all lots in that parcel.
These prices are reviewed periodically in line with Royal Mail's own rate changes; the price list published on our website takes precedence over any earlier printed version.
(d) Royal Mail's standard compensation cover does not extend to jewellery, watches or other valuables sent under paragraph (c) using our standard tracked and signed for service; Royal Mail's own terms exclude valuables from compensation unless the item is sent using Royal Mail Special Delivery Guaranteed. Accordingly, the standard prices under paragraph (c) do not include Royal Mail compensation cover for jewellery, watches or other valuables, which travel at your risk beyond the care taken in packing and handling. Where you would like cover for a jewellery, watch or other valuable lot of any declared value, the following apply in place of the standard price:
Declared value - What happens - Price
Cover not required - Standard price above applies — no Royal Mail compensation cover on jewellery, watches or other valuables - N/A
Any value up to £750 (cover requested) - Royal Mail Special Delivery Guaranteed, insured to £750 - £19.95
£750.01 – £2,500 (cover requested) - Royal Mail Special Delivery Guaranteed, insured to £2,500 - £36.95
Lots with a declared value over £2,500 are not eligible for this service, see paragraph (g)(ii) below.
(e) It is your responsibility to notify us if you would like Special Delivery cover applied under paragraph (d) to any jewellery, watch or other valuable lot, and of its declared value, being its hammer price unless you tell us otherwise, so the correct level of cover can be applied. If you do not request this, the standard price and service under paragraph (c) will apply, which does not carry Royal Mail compensation cover for jewellery, watches or other valuables. Where cover has been purchased under paragraph (d) and a parcel is lost or damaged in transit, we will make the compensation claim with Royal Mail as the sender, and settle this with you up to the cover level actually purchased. This does not limit our liability for loss or damage caused by our own negligence in packing or handling before dispatch, which is unaffected by this paragraph.
(f) Glass, china, ceramics and other breakable items are not covered by any Royal Mail compensation or insurance under this service, regardless of declared value or any Special Delivery upgrade purchased under paragraph (d). We take particular care in selecting materials and packing these items appropriately, but once dispatched they travel entirely at your risk.
(g) The following lots are not eligible for this service and must be collected in person, or arranged by you via a third-party courier of your choice, at your own cost and risk:
(1) lots exceeding the maximum dimensions of our largest box (450mm x 350mm x 160mm). A lot that fits within these dimensions but weighs more than 2kg is not excluded by this paragraph, see paragraph (c) above, under which such lots can still be sent, quoted for individually;
(2) lots with a declared value exceeding £2,500;
(3) lots which, in our reasonable opinion, are unsuitable for transit by Royal Mail owing to their fragility, value, or nature;
(4) lots for delivery outside the UK mainland. International postage may be arranged separately on request and quoted individually; see also clause 9 (Export of Goods) above, which remains your responsibility to check.
(h) Collection of purchased lots in person from our premises remains available to all buyers at no charge, in accordance with our Conditions of Sale, and nothing in this clause obliges you to use this service.
(i) By asking us to arrange postage, you are asking us to begin performing this service straight away, and you acknowledge that once your parcel has been dispatched, you will not be able to cancel this service.
(j) We reserve the right to amend the prices and terms of this service at any time. Except where otherwise stated, changes will not affect postage already arranged and paid for before the change takes effect.
16. V.A.T.
An asterisk (*) means VAT is applicable and must be paid by the buyer at the standard rate set by current UK law, on both the hammer price and the buyer's premium. Lots subject to this VAT charge are marked in the saleroom with a red dot next to the lot number. This charge typically applies because the seller is VAT-registered and is not using the Dealers' Margin Scheme, or because VAT is due on goods imported into the UK. A double asterisk (**) means the lot has been imported from outside the UK; such lots are currently subject to a reduced VAT rate on the total lot price (hammer price plus buyer's premium). Lots without either symbol are not subject to VAT on the hammer price, as they are sold under the Auctioneers' Margin Scheme. The VAT included within the buyer's premium cannot be reclaimed as input tax. VAT rates change from time to time; please check with HMRC, and note that the rate applied will be the one set by the Government at the time of sale.
Terms and Conditions for Sellers
1. Interpretation
In these terms, "you" and "your" mean the seller. Where goods are consigned to us by an agent, we will assume the agent is authorised by you to do so, and that you have authorised the consignment. "We" and "us" mean Whittaker & Biggs Auctioneers & Valuers.
2. Commission and Entry Fee
We charge sellers commission on the final hammer price of each lot sold, plus an entry fee for each lot consigned. The commission rate is 15% plus VAT on each sold lot; the entry fee is £4.00 plus VAT per lot, whether the lot sells or not.
3. Removal Costs
You are responsible, at your own expense, for making sure items for sale reach us by the deadlines we specify. We may be able to help with this, but any transport or haulage costs are your responsibility.
4. Loss and Damage Waiver
(a) We are not regulated by the Financial Conduct Authority for the provision of insurance to clients. However, for your protection, we assume liability for property consigned to us at a mid-pre-sale-estimate value.
(b) If you instruct us in writing not to take on that liability, your goods remain at your own risk until ownership passes to the buyer, or until you (or someone on your behalf) collects them. In that case, paragraph (a) does not apply.
5. Reserves
You may set a reserve price on any consigned lot valued at £50 or more. We retain a 10% discretion on all reserves, unless we agree otherwise in writing before the auction. Reserves must be reasonable, and we may decline to offer goods carrying an unreasonably high reserve.
(a) Once a reserve is set, it cannot be changed without our consent.
(b) Only we may bid on your behalf where a reserve is in place, and only up to that reserve; you may not bid on your own lot personally.
6. Electrical Items
If you consign electrical or mechanical goods, you warrant that they are safe for their intended use and free from defects that are not obvious on external inspection. All electrical goods are sold as untested, and we may cut cables where necessary for safety. You will indemnify us against any loss or damage arising from a breach of this warranty.
7. Soft Furnishings
The sale of soft furnishings is strictly regulated for fire safety reasons. Goods that do not meet the relevant safety regulations will not be offered for sale, and must be removed at your expense; we may otherwise dispose of them as refuse, at your expense. Some pieces may be treated as art and sold for decorative purposes only, in which case fire safety regulations may not apply, we recommend such lots are reupholstered by a professional.
8. Descriptions
We ask for your help in providing accurate information about the provenance and condition of your goods. Under consumer protection law, you may be held responsible if information you give us about your goods is inaccurate or misleading, and any such responsibility remains yours as the seller. We will treat you as having approved the catalogue description of your lots unless you tell us otherwise. If we have to refund a buyer because a lot is found to be a deliberate forgery (see clause 14 of our Conditions of Sale) and we have already paid you the proceeds of sale, you agree to reimburse us for those proceeds, unless you acted reasonably and honestly and did not know of the forgery, at a time when we knew or should have known of it.
9. Unsold Items
If a lot remains unsold, it will normally be re-offered at a future auction without further written notice to you. If we decide a lot is unsaleable, you must collect it from us promptly after we notify you. If you do not, we may charge a reasonable daily storage rate, see clause 13 (Warehousing) below.
10. Withdrawn Items (Pre-Sale)
If you withdraw a lot before the auction, we may charge up to 15% plus VAT of the reserve price or low estimate, plus our usual entry fee under clause 2 above.
11. Conditions of Sale
You agree that all your goods will be sold in accordance with our Conditions of Sale. You confirm you have the right to sell the goods, either as owner or as the owner's authorised agent, and you agree to indemnify us, and any buyer or other third party, for losses, liabilities or expenses arising from any breach of this agreement.
12. Authority to Deduct Commission and Expenses, and Retain Premium and Interest
(a) You authorise us to deduct our commission and any applicable expenses from the hammer price, and you agree we may retain the buyer's premium in accordance with our Conditions of Sale, together with any interest earned on sale proceeds until the date of settlement.
(b) You also authorise us, at our discretion, to negotiate a private treaty sale of any unsold lot, up to close of business on the Tuesday following the auction. The same charges apply as if the lot had sold at auction, and these terms apply accordingly.
13. Warehousing
We accept no liability for goods delivered to our saleroom without adequate sale instructions, and reserve the right to charge a minimum warehousing charge of £5 per lot per day. The same charge applies to unsold lots you do not remove within a reasonable time of being notified. If a lot is not removed within four weeks, we may sell it and deduct any outstanding charges from the net proceeds, or arrange for its disposal by the local authority at your expense.
14. Settlement
Subject to our normal trading terms, we pay sale proceeds by BACS approximately 10 days after the sale. If the buyer does not pay for a lot, we will not pay you the sale proceeds for that lot. In that case we will normally re-enter the lot for sale at our next available auction, in the same way as an unsold lot (see clause 9 above), and settlement will only be made once, and if, it is resold and paid for; if you would prefer a different approach, please let us know and we will discuss this with you. See also clause 7 of our Conditions of Sale, which sets out the other steps we may take against a buyer who fails to pay. You authorise us to deduct from the sale proceeds any sums you owe us. Please also bear in mind the reimbursement obligation described in clause 8 above, and avoid spending sale proceeds until at least 20 days after the date of sale.
15. Clients' Money
All clients' money is held in the following account:
• Account name: Rostons Ltd Auction Client Account
• Account number: 70637326
• Sort code: 55-61-31
Conditions of Sale
1. Definitions
In these Conditions:
(a) "Auctioneer" means Whittaker & Biggs Auctioneers & Valuers or its authorised representative.
(b) "Deliberate Forgery" means an imitation made with intent to deceive as to authorship, origin, date, age, period, culture or source, which is unequivocally described in the catalogue as the work of a specific creator, and which has a value at the date of sale materially less than it would have had if accurately described.
(c) "Hammer Price" means the final bid accepted by the auctioneer when the hammer falls.
(d) "Terms of Consignment" means the terms and commission rates under which we accept instructions from sellers.
(e) "Total Amount Due" means the hammer price of the sold lot, plus any applicable premium, VAT, and any other charges properly incurred by a defaulting buyer under these Conditions.
(f) "Sale Proceeds" means the net amount payable to the seller: the hammer price less our commission, applicable VAT, and any other amounts owed to us by the seller.
(g) "You"/"Your" means the buyer as identified in these Conditions.
(h) The singular includes the plural and vice versa, as the context requires.
2. Bidding Procedures
(a) Bidders must register their details before bidding, and meet any security requirements before entering the auction room to view or bid.
(b) The highest bid accepted by the auctioneer constitutes the buyer at the hammer price. Any dispute about bidding is settled at the auctioneer's discretion.
(c) Bidders are treated as acting as principals.
(d) We reserve the right to bid on the seller's behalf up to the amount of any reserve, and to refuse any bid.
3. Bidding Increments
Bidding increments are set at the auctioneer's discretion.
4. Purchase Price
The buyer must pay the hammer price plus a premium of 22.5% plus VAT at the applicable rate.
5. Payment
(a) On the sale of a lot, you must: (i) provide proof of identity on request; and (ii) pay the Total Amount Due in pounds sterling.
(b) Any payment you make may be applied to any sum you owe us, regardless of any instruction given by you or your agent.
(c) In line with current legislation, we may investigate and verify the source of funds received. We may postpone or cancel completion of a sale at our discretion if further investigation is needed, if you breach your warranties as a buyer, or if we consider the sale to be unlawful or detrimental to us or the seller.
6. Title and Collection of Purchases
(a) Ownership of a lot does not pass to you until you have paid the Total Amount Due in full.
(b) You are responsible for collecting your purchases, at your own risk and expense, by 5pm on the Tuesday following the auction. After that time, you will be liable for storage charges.
(c) No lot may be collected until it has been paid for in full.
(d) Storage is charged at £5.00 per lot per day after the 5pm Tuesday collection deadline in paragraph (b).
(e) Where you have requested and paid for our postage and packing service under clause 15 of the Terms and Conditions for Buyers by 5pm on the Tuesday following the auction, the storage charges in paragraph (d) will not apply while we arrange dispatch.
7. Remedies for Non-Payment or Failure to Collect Purchases
(a) If a lot is not paid for in full, not collected in accordance with these Conditions, or there is any other breach, we may use one or more of the following remedies:
(1) pursue damages for breach of contract;
(2) rescind the sale of the lot, and/or any other lot sold to you;
(3) resell the lot, typically at our next available auction, or by private treaty, with you liable for any resulting shortfall in the Total Amount Due after crediting any part payment and adding resale costs; any surplus belongs to the seller;
(4) store and insure the lot at your expense;
(5) withhold any lot sold to you until the Total Amount Due is paid in full;
(6) reject or ignore future bids from you or your agent, or impose conditions on accepting them;
(7) apply proceeds from other lots due to you towards the Total Amount Due.
(b) We will exercise these rights and remedies reasonably, to achieve appropriate recovery for any breach of these Conditions.
8. Third Party Liabilities
All visitors to our premises attend at their own risk, and should note the layout and security arrangements. Neither the auctioneer nor our employees or agents are liable for death or personal injury (except as required by law in the case of negligence), or for the safety of a visitor's property, before or during a sale.
9. Commission Bids
While we encourage buyers to attend in person, we will execute a commission bid on your behalf if you instruct us clearly and in writing. Neither the auctioneer nor our employees or agents are liable for any failure to execute a commission bid, except where that failure is unreasonable. Where two commission bids are at the same level, we may give priority to whichever was received first.
10. Warranty of Title and Availability
The seller warrants to both the auctioneer and the buyer that they are the true owner of the consigned property, or are authorised by the true owner to consign it for sale, and that they can transfer good and marketable title to it, free of any third-party claim.
11. Agency
The auctioneer acts solely as agent for the seller, and disclaims responsibility for any default by a seller or buyer.
12. Terms of Sale
The seller acknowledges that all lots are sold subject to these Conditions in full, and in accordance with the Terms of Consignment agreed at the time of entry.
13. Descriptions and Condition
(a) While we aim to describe lots accurately, it may not be practical to carry out exhaustive due diligence on every item. You are encouraged to view and inspect lots before bidding, and to satisfy yourself as to the accuracy of any description. Statements about authorship, genuineness, origin, date, age, provenance, condition or estimated selling price are opinions, not facts. We will give opinions honestly and reasonably held, and accept liability for any given negligently or fraudulently. Otherwise, neither we, our employees or agents, nor the seller accept liability for the accuracy of such opinions, and all conditions and warranties about the description, condition or quality of lots, express, implied or statutory, are excluded, except as set out in the next clause on deliberate forgeries.
(b) A sale by private treaty under these Conditions is treated as a sale by auction for the purposes of consumer legislation.
14. Forgeries
Despite clause 13, a lot that proves to be a Deliberate Forgery may be returned to us within 21 days of the auction, provided it is in the same condition as when purchased, is accompanied by details identifying it against the relevant catalogue entry, and by a written statement of the defect claimed. If we are satisfied on the evidence that the lot is a Deliberate Forgery, we will refund the purchase price, including any buyer's premium. You will have no right under this clause if the catalogue description reflected the accepted expert view at the date of sale, or if you cannot transfer good and marketable title back to us. This right of return is in addition to any other right or remedy available at law or under these Conditions.
15. Admission Rights
We may refuse admission to our premises, or attendance at our auctions, to any person at our discretion.
16. Liability and Compensation
(a) Any right to compensation for loss, liability or expense arising from a breach of these Conditions belongs to the seller and/or the auctioneer, as appropriate.
(b) These rights and exclusions extend to, and may be enforced by, the employees and agents of the seller and/or the auctioneer.
17. Governing Law
These Conditions are governed by, and interpreted in accordance with, the law of England and Wales.
18. Copyright and Use of Materials
Prior written consent is needed from us before any image, illustration or written material we produce (or have produced) in connection with a lot or sale, including catalogue content, is used by a buyer or any other party. Copyright in all such material remains ours, subject to the Copyright, Designs and Patents Act 1988. Neither we nor the seller make any representation or warranty that a buyer will acquire copyright or reproduction rights in a lot.
These Terms and Conditions are set out to be clear, coherent and legally sound, and to give a full picture of everyone's rights and responsibilities in the auction process. Please contact us with any questions. Thank you for choosing Whittaker & Biggs Auctioneers & Valuers.
Glossary of Cataloguing Terminology
Precious Metals
Descriptions of platinum, gold, silver and other precious metals are based on approximate weights taken with basic equipment that is not approved for "Use-in-Trade." All lots are sold as objects, not on a "value-by-weight" basis, so these approximations are sufficient for auction purposes.
Gemstones and Jewels
Many coloured gemstones are treated to enhance their appearance, for example, heating to improve the colour or clarity of rubies and sapphires, or oiling to enhance emerald clarity. Other gemstones may be dyed, irradiated, coated or impregnated, and may need further treatment to keep their appearance. These treatments are generally accepted in the jewellery trade, so buyers should assume all gemstones have been treated unless we say otherwise.
Some diamonds are also treated, for example by fracture filling, laser drilling, irradiation or coating. While we try to identify such treatments, we cannot guarantee that any diamond lot is free of enhancement.
All gemstone dimensions and estimated weights are approximate, as stones are not usually removed from their settings to measure them. Estimated weights are typically calculated from standard formulas based on measurements taken with basic equipment.
Paintings, Drawings and Sculpture
Any statement about authorship, attribution, origin, date, age, provenance or condition is an opinion, not a statement of fact. We may consult experts or authorities we consider reliable in forming these opinions.
• A work catalogued with the painter's full name is considered to be by that artist.
• Where the artist's forename(s) are unknown, a series of asterisks followed by the surname indicates the work is believed to be by that artist.
Attributions are used as follows:
• Attributed to...: probably by the artist.
• Studio of...: from the artist's studio, possibly under their direction.
• Circle of...: from the artist's period, made under their immediate influence.
• Follower of...: by a contemporary working in the artist's style, not necessarily a pupil.
• Manner of...: in a style like the artist's, but from a later period.
• School of...: made during that time and in that place.
• After...: a copy of a work by that artist.
• Signed and/or dated and/or inscribed: in our opinion, by the artist's hand.
• Bears signature and/or date and/or inscription: added by a different hand.
• All references to signatures, inscriptions and dates describe the work's current state.
• Dimensions are given height first, then width.
Plain-English Summary
This section is a short, everyday explanation of the main points for buyers and sellers. It doesn't replace the full terms above, if the two ever disagree, the numbered clauses are what count legally, but it's meant to be read first, or shared as a quick-reference alongside the catalogue or vendor form.
If you're buying
• The price you pay is the hammer price, plus a 22.5% premium, plus VAT on that premium, so roughly 27% on top of the hammer price.
• We act for the seller, not for you, so please inspect lots and ask questions before you bid.
• Mechanical and electrical items are sold untested, so have them checked before use.
• If a lot turns out to be a deliberate forgery, you can return it for a refund within 21 days, in the same condition, with your reasons in writing.
• You need to collect and pay for your lots promptly, by 5pm on the Tuesday after the sale, or storage charges apply.
• If you can't collect in person, we may be able to post your lot to you instead, see the postage section below.
Postage and packing, in short
If you can't get to us, we can often post your lot instead, collecting in person is always free, and posting is entirely your choice. Prices start from £14.95 plus VAT depending on size. Royal Mail's standard tracked service doesn't cover jewellery or watches for loss or damage, so if you'd like cover for a jewellery or watch lot, tell us the hammer price when you arrange postage and we'll send it via Royal Mail Special Delivery instead, insured up to £750 or £2,500 depending on value. Glass, china and ceramics aren't covered by any compensation at all, we pack them carefully, but breakages are at your risk. Very large, fragile, high-value or international items may not be eligible for postage, in those cases we'll help you arrange collection or a courier instead.
If you're selling
• Our commission is 15% plus VAT on the hammer price, plus a £4.00 plus VAT entry fee per lot, whether it sells or not.
• We insure your goods at a mid-estimate value once consigned, unless you tell us in writing not to.
• You're responsible for making sure your description of the goods is accurate.
• If a lot doesn't sell, it will usually go into a future sale, and you'll need to collect it if we decide it's unsaleable.
• Withdrawing a lot before the sale may cost up to 15% plus VAT of its reserve or low estimate.
• We usually pay you around 10 days after the sale, by BACS, but if the buyer doesn't pay, we don't pay you either. We'll normally put the lot into our next available auction instead, and only pay you once it's sold and paid for.
