Terms and Conditions for Buyers and Sellers at Whittaker & Biggs Auctioneers & Valuers
Table of 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. 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 Unsold and Withdrawn Items
10. Withdrawn Items
11. Conditions of Sale
12. Authority to Deduct Commission and Expenses, and Retain Premium and Interest
13. Warehousing
14. Settlement
15. Client’s 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
Users Introduction
In today’s marketplace, modern consumer protection laws, both from the U.K. and the E.U., increasingly influence the auction process for the sale of chattels. Specifically, the Unfair Terms in Consumer Contracts Regulations 1994 impact auction sales by outlining a list of standard terms that may be deemed unfair and, consequently, unenforceable against consumers. These regulations mandate that contractual terms must be presented in clear and comprehensible language.
At Whittaker and Biggs Auctioneers & Valuers, we recognise our interactions with consumers occur in two primary capacities. First, the seller engages our services as a consumer. Second, buyers, although not contracting directly with us—as we act solely as agents for the seller—typically engage under standard conditions established by us as the auctioneer. These conditions thus form a direct contractual relationship between the buyer and Whittaker and Biggs.
These conditions are structured to align with current laws and provide fair protection for the seller, the auctioneer, and the buyer regarding their duties and liabilities throughout various transactions across England and Wales. Our conditions are suited to both general and specialised sales of chattels, including fine art and jewellery.
The cornerstone documents of this process are the ‘Terms & Conditions for Sellers’ and ‘Terms & Conditions for buyers.’ Unlike many auction houses that merge these two critical documents into one, we emphasise the distinction between them. Sellers must acknowledge and understand the pertinent sale requirements; otherwise, the auctioneer cannot assure buyers of specific protections, such as those related to anti-forgery provisions. t is important to note that the transactions between the seller and auctioneer, as well as between seller and buyer, are separate agreements.
To ensure that all parties are adequately informed, it is standard practice to publish the conditions of sale in auction catalogues and display them prominently in the auction or online before the event. Additionally, the sellers Terms & Conditions will be visible on the vendor form when they consign items for sale. Ultimately, it is imperative that all parties are made aware of the relevant terms and conditions prior to or upon entering any contract.
Terms and Conditions for Buyers
1. Introduction
These Terms and Conditions outline the rights and responsibilities of buyers participating in auctions at Whittaker & Biggs Auctioneers & Valuers. They are designed to assist all buyers, particularly those who are inexperienced or new to our auction house. All sales are conducted in accordance with our printed Conditions of Sale, which are readily available for inspection in and outside our office. Our knowledgeable staff are here to assist you with any questions or clarifications you may require, so please ask.
2. Agency
As auctioneers, we operate primarily as agents for the seller. The identity of the seller is generally kept confidential to protect their privacy. Consequently, your primary contract will be with the seller, not with us as the auctioneer.
3. Estimates
Estimates are provided to assist buyers in gauging the expected price range for specific lots. The lower estimate may reflect the reserve price and will not be lower than that. These estimates do not include the Buyer's Premium or VAT where applicable. Estimates are prepared prior to the auction and may be adjusted through announcements made before the sale. Please note that estimates are not definitive and may change based on market conditions or other factors.
4. The Purchase Price
As a buyer, you are responsible for paying the hammer price, which is the final bid accepted for a lot, plus a premium of 20% and VAT at 20%. This results in a total payment of 24% on top of the hammer price. For example, if a lot sells for £100, the total amount payable will be £124 (£100 + £20 + £4). Bidders using easyliveauction.com have the choice of a one-off payment of £3.00 or 3% plus VAT in addition to the buyer’s premium of 20% plus VAT. To clarify, live webcast auctions are NOT sales governed by Distance Selling Regulations – you were allowed to view them, even if you did not.
5. CITES Regulations
Certain items may be subject to CITES (the Convention on International Trade in Endangered Species of Wild Fauna and Flora) regulations. Buyers should be aware that any lot that contains materials derived from endangered species may require special permits for export. It is the buyer's responsibility to ensure compliance with all applicable laws and regulations regarding the import and export of such items. All lots that require CITES to be legally sold will be sold by Whittaker & Biggs Auctioneers & Valuers with the relevant paperwork and submission number.
6. Artist’s Resale Right (Droit de Suite)
Some lots may be subject to 'Droit de Suite', a royalty payable to qualifying artists or their heirs every time a work is resold during the artist's lifetime and for up to 70 years posthumously. This royalty is calculated as a percentage of the hammer price, excluding the buyer's premium, and does not apply to any lots selling for less than £1,000. The maximum royalty chargeable on any single lot is £12,500. The applicable royalty rates are as follows:
4% on sales up to £50,000
3% on sales from £50,000.01 to £200,000
1% on sales from £200,000.01 to £350,000
0.5% on sales from £350,000.01 to £500,000
0.25% on sales exceeding £500,000
Lots potentially subject to the levy are marked with a ? symbol next to the lot description and will also be in the lots condition report.
This royalty will be added to your purchase price and forwarded to the appropriate collecting agency.
7. Condition of Lots
We act as agents for the seller and depend on the information provided by them. Although we may conduct a general inspection of lots, we are not responsible for conducting thorough examinations to determine their condition. Buyers are encouraged to inspect lots prior to bidding and accept full responsibility for doing so. The Conditions of Sale contain important exclusions of liability regarding the condition of lots, and neither we nor the seller accept any responsibility for their condition. Specifically, mechanical items are not guaranteed to be in working order. However, if we provide information about a lot's condition based on our examination, we will be liable for any defects that should have been identified through a reasonable inspection.
In certain specific circumstances, lots that are misdescribed as 'deliberate forgeries' may be returned for a full refund, but this must occur within three weeks of the sale.
8. Electrical Goods
It is essential that lots originally operated by mains electricity be checked by the buyer prior to use. These items may not comply with statutory safety requirements and are offered for sale as decorative items or for spares and repairs. We advise having all items electrically checked and tested by a qualified professional before use.
9. Export of Goods
Buyers intending to export goods must ascertain whether an export license is required and whether there are specific prohibitions on importing goods of that nature, such as those containing prohibited materials like ivory. It is the buyer's responsibility to ensure compliance with all applicable laws. Please do not hesitate to reach out to us for assistance or clarification regarding export regulations.
10. Bidding
Bidders may be required to register prior to the commencement of the auction. Lots will be invoiced to the name and address provided on the registration form. Identification may be requested if you are not known to us. If you wish to participate in telephone bidding, please inquire about our arrangements in advance.
11. Commission Bidding
Buyers may leave commission bids with the auctioneers, stating the maximum amount to be bid (excluding the buyer's premium). We will execute these bids as economically as possible, considering any reserve prices and competing bids. In the event of identical commission bids, the first bid received will take precedence. For commission bids left by telephone or email, please inquire in advance, as bids submitted on the day of the auction may not be executed.
12. Live Bidding
Live online bidding is available for all our auctions via our website, www.auctions.whittakerandbiggs.co.uk (http://www.auctions.whittakerandbiggs.co.uk). To participate, you must register online and provide your credit card details. By completing the registration process, you authorise us to charge the provided credit card for any successful purchases, including applicable fees. You confirm that you are authorised to use these credit card details and agree to allow the shipping of goods to the name and address associated with the credit card.
13. Methods of Payment
We do not accept cash or cheques; however, we accept all major debit and credit cards and bank transfers. Please discuss any alternative payment methods with our office prior to the sale to ensure we can accommodate your needs.
Our bank details for payment are as follows:
Account number: 70637326
Sort Code 55-61-31
Name: Rostons Ltd Auction Client Account
14. Collection and Storage
Buyers are required to collect their purchased lots promptly after payment. Please review the Conditions of Sale regarding collection and storage. Any delays in collection may result in additional storage charges, which will be the responsibility of the buyer.
15. V.A.T.
An asterisk (*) signifies that V.A.T. is applicable and must be paid by the purchaser at the standard rate specified by current U.K. law, both on the hammer price and as part of the buyer’s premium. In the auction, lots subject to this V.A.T. charge will be marked with a red dot next to the lot number. This V.A.T. charge typically applies because the seller is registered for V.A.T. within the European Union and is not utilising the Dealers Margin Scheme, or it may be due to V.A.T. on items imported into the U.K. A double asterisk (**) indicates that the lot has been imported from outside the European Union. Currently, these lots are subject to a reduced V.A.T. rate on the total lot price, which includes both the hammer price and the buyer’s premium. Lots that do not feature these symbols are not subject to V.A.T. on the hammer price, as they are sold under the Auctioneers’ Margin Scheme. Please note that the V.A.T. included within the buyer's premium cannot be reclaimed as input tax. (V.A.T. rates are subject to frequent changes; please verify with HMRC. The V.A.T. rate will be applied as set by the Government at the time of sale.)
Terms and Conditions for Sellers
1. Interpretation
In these Terms, the terms 'you', 'yours', etc. refer to the Seller. If the consignment of goods to us is made by an agent, we assume that you have authorised the consignment and that the consignor has your authority to contract. The terms 'we', 'us', etc. refer to Whittaker & Biggs Auctioneers & Valuers.
2. Commission and Entry Fee
We charge sellers a commission based on the final hammer price of each lot sold, along with an entry fee for each lot consigned. The commission rate is 15% plus VAT on each sold lot, and the entry fee is £3.54 plus VAT per lot, applicable to both sold and unsold lots.
3. Removal Costs
You are responsible for ensuring that items for sale are consigned to our auction by specified deadlines, and at your own expense. While we may assist in this process, any transportation or haulage costs incurred will be solely your responsibility.
4. Loss and Damage Waiver
(a) We are not regulated by the Financial Services Authority for the provision of insurance to clients. However, for our protection, we assume liability for property consigned to us at a mid-pre-sale estimate.
(b) If you instruct us in writing not to take such action, the goods will remain at your risk until ownership passes to the buyer or they are collected by you or on your behalf. In this case, clause 4(a) will not apply.
5. Reserves
You may set a reserve price on any consigned lot, which will be 90% of the expected hammer price. We retain a 10% discretion on all reserves unless otherwise stated and agreed upon prior to the auction. Reserves must be reasonable, and we may decline to offer goods with unreasonably high reserves.
(a) Once a reserve is set, it cannot be changed without our consent.
(b) Only we may bid on your behalf when a reserve is in place, and only up to that reserve; you may not bid personally.
6. Electrical Items
Sellers of electrical or mechanical goods warrant that these items are safe for their intended use and free from defects that are not obvious upon external inspection. All electrical goods will be sold as untested, and cables may be severed if deemed necessary for safety reasons. Sellers will indemnify Whittaker & Biggs Auctioneers & Valuers against any loss or damage arising from breaches of this warranty.
7. Soft Furnishings
The sale of soft furnishings is strictly regulated for fire safety reasons. Goods found to violate safety regulations will not be offered for sale and must be removed at your expense. We reserve the right to dispose of unsafe goods as refuse, at your expense. However, some pieces may be deemed as art, and these would be sold for decorative purposes only and may not adhere to fire safety rules and regulations, we would advise these lots to be reupholstered by a professional.
8. Descriptions
We request your assistance in providing accurate information regarding the provenance and condition of your goods. You are strictly liable for the accuracy of descriptions under current consumer legislation; any inaccuracies may result in responsibility falling on you as the seller. We will assume that you have approved the catalogue description of your lots unless you inform us otherwise. If we must return the sale price to the buyer for a lot determined to be a deliberate forgery (as per Condition 15 of the Conditions of Sale), and we have already accounted for the proceeds of sale to you, you agree to reimburse us for those proceeds. This obligation does not apply if you acted reasonably and honestly and were unaware of the forgery while we were or should have been aware.
9. Unsold and Withdrawn Items
If an item remains unsold, it will be re-offered at a future auction without prior written communication. If we determine that an item is unsaleable, you must collect it from the auction promptly after notification. Failure to do so may incur storage charges, for which we reserve the right to charge a reasonable daily rate.
10. Withdrawn Items
Items withdrawn before the auction may incur a charge of up to 15% plus VAT of the reserve price or low estimate.
11. Conditions of Sale
You agree that all goods will be sold in accordance with our Conditions of Sale. You confirm that you have the right to sell the goods either as the owner or as the agent for the owner. You agree to indemnify us and any buyer or third party for any losses, liabilities, or expenses incurred due to any breach of this agreement.
12. Authority to Deduct Commission and Expenses, and Retain Premium and Interest
(a) You authorise us to deduct the stated commission and any applicable expenses from the hammer price, and you consent to our right to retain the buyer's premium in accordance with our Conditions of Sale, along with any interest accrued on the sale proceeds until the date of settlement.
(b) You also authorise us, at our discretion, to negotiate a sale by private treaty for unsold lots no later than the close of business on the Tuesday following the auction. The same charges will apply as if the lots had been sold at auction, and these terms will be applicable as appropriate.
13. Warehousing
We disclaim all liability for goods delivered to our saleroom without sufficient sale instructions and reserve the right to impose a minimum warehousing charge of £5 per lot per day. Unsold lots are subject to the same charges if you do not remove them within a reasonable time after notification. If items are not removed within three weeks, we reserve the right to sell them and deduct any outstanding charges from the net proceeds of sale or consign them to the local authority for disposal at your expense.
14. Settlement
Subject to our normal trading conditions, payment will be made by BACS approximately 10 days after the sale, unless the buyer has not paid for the goods. In such cases, no settlement will be made until we receive your instructions considering our Conditions of Sale. You authorise us to deduct any sums owed by you to us from the sale proceeds. Additionally, you must consider the obligation to reimburse us for the sale proceeds as outlined in Condition 8 above. Therefore, please keep this potential liability in mind before parting with the sale proceeds until 20 days after the date of sale.
15. Clients’ money
You are advised that all clients’ money is held in the following account:
Rostons Ltd Auction Client Account
Account number: 70637326
Sort Code: 55-61-31
Conditions of Sale
1. Definitions
In these Conditions, the following terms shall have the meanings ascribed to them:
(a) Auctioneer refers to Whittaker & Biggs Auctioneers & Valuers or its authorised representative.
(b) Deliberate Forgery means an imitation created with the intent to deceive regarding its 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 is the final bid accepted by the auctioneer when the hammer falls.
(d) Terms of Consignment refer to the stipulated terms and commission rates under which Whittaker & Biggs Auctioneers & Valuers accepts instructions from sellers.
(e) Total Amount Due encompasses the hammer price of the sold lot plus any applicable premium, Value Added Tax (VAT), and any additional charges incurred by a defaulting buyer under these Conditions.
(f) Sale Proceeds signifies the net amount payable to the seller, calculated as the hammer price less the commission rate, applicable VAT, and any other amounts owed to us by the seller.
(g) You, Your, etc., refer to the buyer as identified in these Conditions.
(h) The singular form includes the plural and vice versa, as appropriate.
2. Bidding Procedures
(a) Bidders must register their details prior to bidding and satisfy any security requirements before entering the auction room to view or bid.
(b) The highest bid accepted by the auctioneer shall constitute the buyer at the hammer price. Any disputes regarding bids shall be settled at the auctioneer's discretion.
(c) Bidders are considered to be acting as principals.
(d) We reserve the right to bid on behalf of the seller up to the amount of any reserve price and retain the right to refuse any bid.
3. Bidding Increments
Bidding increments will be determined solely at the discretion of the auctioneer.
4. Purchase Price
The buyer shall pay the hammer price along with a premium of 20% plus VAT at the applicable rate.
5. Payment
(a) Upon the sale of a lot, you are required to:
(i) Provide proof of identity upon request, and
(ii) Pay the total amount due in pounds sterling.
(b) Any payments made by you may be applied towards any outstanding amounts owed to us without regard to any specific instructions given by you or your agent.
(c) In accordance with current legislation, we reserve the right to investigate and verify the source of any funds received. The completion of the sale may be postponed or canceled at our discretion if further investigation is required, if you breach your warranties as a buyer, or if the sale is deemed unlawful or detrimental to either Whittaker & Biggs or the seller.
6. Title and Collection of Purchases
(a) Ownership of any lot purchased will not pass to you until full payment of the total amount due has been made.
(b) You are responsible for collecting purchased lots at your own risk and expense within three working days following the auction. After this time, you will be liable for any applicable collection, storage, and insurance charges.
(c) No lot may be collected until it has been paid for in full.
7. Remedies for Non-Payment or Failure to Collect Purchases
(a) If any lot is not paid for in full or collected as per these Conditions, or if there is any other breach, we reserve the right to exercise one or more of the following remedies:
(i) Pursue damages for breach of contract.
(ii) Rescind the sale of the lot and/or any other lots sold to you.
(iii) Resell the lot (either by auction or private treaty), with you responsible for any resulting deficiency in the total amount due, after crediting any part payment and adding resale costs. Any surplus will belong to the seller.
(iv) Store and insure the lot at your expense.
(v) Withhold any lot sold to you until the total amount due is settled.
(vi) Reject or ignore future bids from you or your agent or impose conditions before accepting such bids.
(vii) Apply proceeds from the sale of other lots due to you toward the settlement of the total amount due.
(b) We will pursue these rights and remedies reasonably to achieve appropriate recovery regarding any breaches of these Conditions.
8. Third Party Liabilities
All visitors to our premises do so at their own risk. It is essential to note the layout and security arrangements. Therefore, neither the auctioneer nor our employees or agents shall be liable for death or personal injury (except as required by law due to negligence) or for the safety of property belonging to individuals visiting prior to or during the sale.
9. Commission Bids
While we strongly encourage prospective buyers to attend the auction, we will execute commission bids on your behalf if instructed clearly and in writing. Neither the auctioneer nor our employees or agents shall be liable for any failure to execute these bids, except where such failure is deemed unreasonable. In the event of multiple commission bids at the same level, we reserve the right to prioritise the first bid received.
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 duly authorised by the true owner to consign it for sale, and that they can transfer good and marketable title to the property free from any third-party claims.
11. Agency
The auctioneer acts solely as an agent for the seller and disclaims any responsibility for defaults by sellers or buyers.
12. Terms of Sale
The seller acknowledges that all lots are sold subject to these Conditions in their entirety and in accordance with the Terms of Consignment provided at the time of entry.
13. Descriptions and Condition
(a) While we strive to accurately describe lots, it may not be feasible to conduct exhaustive due diligence on every item. Prospective buyers are encouraged to view and inspect lots prior to bidding, and must satisfy themselves regarding the accuracy of any descriptions provided. Bidding is based on the understanding that representations regarding authorship, genuineness, origin, date, age, provenance, condition, or estimated selling price are matters of opinion. We commit to providing opinions that are honestly and reasonably held and accept liability for those given negligently or fraudulently. However, neither we, the auctioneer, nor our employees or agents, nor the seller accept liability for the accuracy of such opinions, and all conditions and warranties related to the description, condition, or quality of lots, whether express, implied, or statutory, are excluded, except as provided in the following paragraph on deliberate forgeries.
(b) Sales made by private treaty under these Conditions are considered sales by auction for the purposes of consumer legislation.
14. Forgeries
Notwithstanding the preceding Condition, any 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, accompanied by details identifying it from the relevant catalogue description and a written statement of defects. If we are satisfied based on the evidence that the lot is a deliberate forgery, we will refund the purchase price, including any buyer's premium. However, if the catalogue description reflected the accepted view of experts at the date of sale, or if you cannot transfer good and marketable title to us, you will have no rights under this Condition. The right of return provided by this Condition is in addition to any rights or remedies provided by law or these Conditions of Sale.
15. Admission Rights
We reserve the right to refuse admission to our premises or attendance at our auctions to any individual at our discretion.
16. Liability and Compensation
(a) Any rights to compensation for losses, liabilities, or expenses incurred due to breaches of these Conditions are available to the seller and/or the auctioneer as appropriate.
(b) Such rights and exclusions extend to and benefit the employees and agents of the seller and/or the auctioneer, who may also enforce them.
17. Governing Law
These Conditions shall be interpreted in accordance with English law.
18. Copyright and Use of Materials
Prior written consent must be obtained from the buyer or any other party for the use of images, illustrations, or written materials produced by or for Whittaker & Biggs Auctioneers & Valuers relating to a lot or sale, including catalogue contents. Copyright for all such materials remains the property of Whittaker & Biggs Auctioneers & Valuers, subject to the provisions of the Copyright, Designs and Patents Act 1988. Whittaker & Biggs Auctioneers & Valuers and the seller make no representations or warranties that the buyer of a lot will acquire any copyright or reproduction rights.
These Terms and Conditions have been organised for clarity, coherence, and legal readiness. They provide a comprehensive understanding of the rights and responsibilities of all parties involved in the auction process. For any further inquiries or clarifications, please do not hesitate to contact us. 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 derived from basic equipment that is not approved for ‘Use-in-Trade.’ All lots are sold as objects rather than on a ‘Value-by-Weight’ basis, making these approximations sufficient for auction purposes.
Gemstones and Jewels
Many coloured gemstones undergo treatments to enhance their appearance. For instance, heating is commonly used to improve the colour or clarity of rubies and sapphires, while oiling is employed to enhance emerald clarity. Other gemstones may be treated with dyeing, irradiation, coating, or impregnation, which could require further treatment to maintain their appearance. The jewellery trade generally accepts these treatments. Therefore, prospective buyers should assume that all gemstones have been treated unless explicitly stated otherwise.
Recent technological advancements have also resulted in various treatments for some diamonds, including fracture filling, laser drilling, irradiation, and coating. Although every effort is made to identify such treatments, Whittaker & Biggs cannot guarantee that all diamond lots are free from enhancements.
All dimensions and estimated weights of gemstones are approximate, as they are determined without dismounting the stones due to limitations imposed by their settings. Estimated weights are typically calculated using standard formulas based on measurements obtained with basic equipment.
Paintings, Drawings, and Sculpture
Any statements regarding authorship, attribution, origin, date, age, provenance, and condition are opinions and should not be interpreted as factual assertions. Whittaker & Biggs reserve the right to consult with experts or authorities they consider trustworthy when forming these opinions.
- A work catalogued with the painter’s full name is considered to be by that artist.
- If the artist's forename(s) is unknown, a series of asterisks followed by the surname indicates that the work is believed to be by that artist.
Attributions are categorised as follows:
1. Attributed to...: Probably by the artist.
2. Studio of...: A work from the artist's studio, potentially executed under their direction.
3. Circle of...: A work from the artist’s period, created under their immediate influence.
4. Follower of...: A work by a contemporary painter working in the artist's style, but not necessarily a pupil.
5. Manner of...: A work in a style like the artist's but from a later period.
6. School of...: A work produced during that time and location.
7. After...: A copy created after a work by that artist.
8. Signed and/or dated and/or inscribed: Indicates that, in our opinion, these elements are from the artist's hand.
9. Bears signature and/or dated and/or inscription: Implies that these have been added by a different hand.
10. All references to signatures, inscriptions, and dates pertain to the current state of the work.
11. Dimensions are presented with height first, followed by width.
