Legal Information

BUYERS’ TERMS & CONDITIONS

1. The buyer shall be the highest bidder acceptable to the Auctioneer who buys at the Hammer Price. Any dispute which may arise with regard to bidding or the acceptance of bids shall be settled by the Auctioneer. Every bidder shall be deemed to act as principal unless the Auctioneer has prior to the auction, acknowledged in writing that a bidder is acting as agent on behalf of a named principal.

2. The buyer shall pay the Auctioneer a commission at the rate of 20% of the Hammer Price, exclusive of VAT at the applicable rate on all individual lots.

3. Unless credit terms have been agreed with the Auctioneer before the auction the buyer of a Lot shall pay to the Auctioneer within two days from the date of the auction the Total Amount Due. Notwithstanding this, the Auctioneer may, in its sole discretion, require a buyer to pay a deposit of 25% of the Total Amount Due at the conclusion of the auction.

4. Notwithstanding delivery or passing of risk to the buyer the ownership of a Lot shall not pass to the buyer until he has paid to the Auctioneer the Total Amount Due.

5. The buyer shall at his own expense collect the Lot purchased not later than forty-eight hours after the date of the auction but not before payment to the Auctioneer of the Total Amount Due. The buyer shall be responsible for any removal, storage and insurance charges in respect of any Lot which is not taken away within seven days after the date of the auction.

6. The buyer shall be responsible for all packing and shipping costs for the purchased property. Purchased Lots may be packed and handled by the Auctioneer, its employees, servants or agents. Where this is done it is undertaken solely as a courtesy to buyers and at the discretion of the Auctioneer. Under no circumstances shall the Auctioneer, its employees, servants or agents be liable for damage of any kind and howsoever caused to any purchased property nor shall the Auctioneer be liable for the errors or omissions of, or for any damage caused by, any packers or shippers which the Auctioneer has recommended.

7. If a buyer fails to pay for and/or collect any purchased Lot by the dates herein specified for payment and collection the Auctioneer shall, in its absolute discretion and without prejudice to any other rights or remedies it may have, be entitled to exercise one or more of the following rights or remedies without further notice to the buyer:

(a) To issue court proceedings for damages for breach of contract;

(b) To rescind the sale of that Lot or any other Lots sold to the buyer whether at that or at any other auction;

(c) To resell the Lot or cause it to be resold whether by public auction or private sale.

(d) To exercise a lien on any property of the buyer in the possession of the Auctioneer or whatever reason.

8. Prior to auction ample opportunity is given for the inspection of the Lots on sale and each buyer by making a bid acknowledges that he has, by exercising and relying on his own judgment, satisfied himself as to the physical condition, age and catalogue description of each Lot (including but not restricted to whether the Lot is damaged or has been repaired or restored). All Lots are sold with all faults and imperfections and errors of description.

9. Neither the seller, the Auctioneer nor any of their employees, servants or agents shall be responsible for any error of description or for the condition or authenticity of any Lot. No warranty whatsoever is given by the seller or Auctioneer or by any of their employees, servants or agents in respect of any Lot and any condition or warranty express, or implied by statute or otherwise is hereby specifically excluded.

10. Notwithstanding the preceding Condition, any Lot which proves to be a deliberate forgery may be returned to us by you within 21 days of the auction date provided it is in the same condition as when bought, is accompanied by particulars identifying it from the relevant catalogue description and a written statement of defects. Wokingham Auctions will require the buyer to obtain, at the buyer’s cost, the reports of two independent and recognised experts in the field, mutually acceptable to Wokingham Auctions and the buyer. If we are satisfied from the evidence presented that the Lot is a deliberate forgery we shall refund the money paid by you for the Lot including any buyer’s premium provided that (i) if the catalogue description reflected the accepted view of scholars and experts as at the date of sale or (ii) if you personally are not able to transfer a good and marketable title to us, you shall have no rights under this condition. The right of return provided by this Condition is additional to any right or remedy provided by law or by these Conditions of Sale.

11. The buyer authorises the Auctioneer at any time to make use of any photographs or illustrations of the Lot purchased by the buyer for such purposes as the Auctioneer may require.

12. All lots are sold within the Auctioneers’ VAT margin scheme. HMRC Regulations require that the buyer’s premium must be invoiced at a rate which is inclusive of VAT. This VAT is not recoverable by any VAT registered buyer.

13. Wokingham Auctions offer an online bidding service via easyliveauction.com and the-saleroom.com for bidders who cannot attend the sale. In completing the bidder registration easyliveauction.com or the-saleroom.com and providing your credit card details and unless alternative arrangements are agreed with Wokingham Auctions:

(i) authorise Wokingham Auctions, if they so wish, to charge the credit card given in part or full payment, including all fees, for items successfully purchased in the auction via the-saleroom.com, and

(ii) confirm that you are authorised to provide these credit card details to Wokingham Auctions through easyliveauction.com or the-saleroom.com and agree that Wokingham Auctions are entitled to ship the goods to the card holder name and card holder address provided in fulfilment of the sale.

The-saleroom.com and easyliveauction.com service will be subject to an additional 4.95% and 3% respectively commission charge + VAT at the rate imposed on the hammer price

Artist’s Resale Rights (“Droit De Suite”)

The buyer agrees to pay the Auctioneer an amount equal to the resale royalty. Resale royalty applies to both a living artist and the estate of an artist for a period of 70 years after their death where the Hammer Price is €1,000 or more and the amount cannot be more than €12,500 per lot. Royalty for the portion of the Hammer Price (in Euros):

4.00% up to 50,000
3.00% between 50,000.01 and 200,000
1.00% between 200,000.01 and 350,000
0.50% between 350,000.01 and 500,000
0.25% in excess of 500,000

WEBSITE TERMS AND CONDITIONS

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Wokingham Auctions’ relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website. The term ‘Wokingham Auctions’ or ‘us’ or ‘we’ refers to the owner of the website. The term ‘you’ refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  • This website uses cookies to monitor browsing preferences. If you do allow cookies to be used, the following personal information may be stored by us for use by third parties: IP address, location.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  • All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
  • Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
  • From time-to-time this website may also include links to other websites. These links are provided for your convenience to provide further information.They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
  • Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.

Wokingham Auctions are/is committed to working within the GDPR (2018) guidelines and our privacy notice and data protection policies are available below.

PRIVACY POLICY

Here at Wokingham Auctions we take your privacy seriously and will only use your personal information to administer your account and to provide the products and services you have requested from us. There is some opt-in checkboxes on the contact form that will let us know how you want to be contacted.

We collect and process various categories of personal information from you at the start of, and for the duration of, your relationship with us. We will limit the collection and processing of information to information necessary to meet our legal obligations and to enable us to arrange to products that you have requested.

We are totally committed to protecting your privacy. Any information we collect about you is done so in accordance with the Data Protection Act 1998. We collect information about you for 2 reasons: firstly, to process your request and secondly, to provide you with the best possible service.
We do not pass your information onto any other organisations.

The type of information we will collect about you includes, your name, address, phone number and email address.We will never collect sensitive information about you without your explicit consent. The information we hold will be accurate and up to date. You can check the information that we hold about you by emailing us. If you find any inaccuracies we will delete or correct it promptly. The personal information which we hold will be held securely in accordance with our internal security policy, GDPR and the Web Trader Code. If we intend to transfer your information outside the EEA (European Economic Area) we will always obtain your consent first. We may use technology to track the patterns of behaviour of visitors to our site. This can include using a “cookie” which would be stored on your browser. You can usually modify your browser to prevent this happening. The information collected in this way can be used to identify you unless you modify your browser settings.

If you have any questions/comments about privacy, you should contact us.

Information we hold about our customers

We collect and process various categories of personal information from you at the start of, and for the duration of, your relationship with us. We will limit the collection and processing of information to information necessary to meet our legal obligations and to enable us to arrange to products or services that you have requested.

Please note that if you do not agree to provide us with the requested information, it may not be possible for us to continue to provide advice or to arrange products and services to you.

We may also process certain special categories of information for specific and limited purposes, we will only process special categories of information where we have obtained your explicit consent or are otherwise lawfully permitted to do so.

We do not obtain personal data from any source other than from you.

How we use your information

We will only use and share your information where it is necessary for us to carry out our lawful business activities. We may process your information where it is necessary to enter into a contract with you for the provision of our products or services or to perform our obligations under that contract. Please note that if you do not agree to provide us with the requested information, it may not be possible for us to continue to operate your account and/or provide products and services to you.

The way we use your data is described below

  • Assess suitability for products or services.
  • Arrange and advise on products and services available to you.
  • Develop, manage and maintain our relationships with you and for ongoing customer service.
    Investigate and resolve complaints or breaches of conduct by our employees.
  • We may process your information in the day-to-day running of our business, to manage our business and financial affairs and to protect our customers, employees and property. It is in our interests to ensure that our processes and systems operate effectively and that we can continue operating as a business.
  • Monitor, maintain and improve internal business processes, information and data, technology and communications solutions and services.
  • Perform general, financial and regulatory accounting and reporting.
  • Enable a sale, reorganisation, transfer or other transaction relating to our business.

Your rights

We want to make sure you are aware of your rights in relation to the personal information we process about you. We have described those rights and the circumstances below.  If you wish to exercise any of these rights, if you have any queries about how we use your personal information that are not answered here, or if you wish to complain, please contact us here.

Please note that in some cases, if you do not agree to the way we process your information, it may not be possible for us to supply products to you.

Further information or requests to invoke rights should be made in writing/email.

Your rights are summarised below:

  • You have a right to get access to the personal information we hold about you.
  • You have a right to rectification of inaccurate personal information and to update incomplete personal information.
  • You have a right to request that we delete your personal information.
  • You have a right to request us to restrict the processing of your personal information.
  • You have a right to data portability.
  • You have a right to object to the processing of your personal information.
  • You have a right to object to direct marketing.
  • You have a right to withdraw your consent.

Sharing data with 3rd parties

We will only use and share your information with third parties in the following circumstances:

  • Where we have your permission.
  • Where we are required by law and by law enforcement agencies, judicial bodies, government entities, tax authorities or regulatory bodies around the world with third party guarantors or other companies that provide you with benefits or services (such as insurance cover) associated with your product or service where required for a proposed sale, reorganisation, transfer, financial arrangement, asset disposal or other transaction relating to our business and/or assets held by our business.
  • Where permitted by law, it is necessary for our legitimate interests or those of a third party, and it is not inconsistent with the purposes listed above.

How we keep your information

By acting as an intermediary to provide you with products or services, we create records that contain your information, such as customer account records and activity records. Records can be held on a variety of media (physical or electronic) and formats.

We manage our records to help us to serve our customers and to comply with legal and regulatory requirements. Records help us demonstrate that we are meeting our responsibilities and to keep as evidence of our business activities.

Retention periods for records are determined based on the applicable legal or regulatory requirements. We normally keep customer account records for the life span of any product or service that has been arranged by us in order that we can deal efficiently with any queries that you may have.

Once products or policies have come to an end we normally keep customer account records for a further 12 months. Retention periods may be changed from time-to-time based on business or legal and regulatory requirements.

Security

We are committed to ensuring that your information is secure with us and with the third parties who act on our behalf.

COOKIE POLICY

This website uses cookies to better the users experience while visiting the website. Where applicable this website uses a cookie control system allowing the user on their first visit to the website to allow or disallow the use of cookies on their computer / device. This complies with recent legislation requirements for websites to obtain explicit consent from users before leaving behind or reading files such as cookies on a user’s computer / device.

Users are advised that if they wish to deny the use and saving of cookies from this website on to their computers hard drive they should take necessary steps within their web browsers security settings to block all cookies from this website and its external serving vendors.

This website uses tracking software to monitor its visitors to better understand how they use it. This software is provided by Google Analytics which uses cookies to track visitor usage. The software will save a cookie to your computers hard drive in order to track and monitor your engagement and usage of the website, but will not store, save or collect personal information. You can read Google’s privacy policy here for further information [http://www.google.com/privacy.html ].

Other cookies may be stored to your computers hard drive by external vendors when this website uses referral programs, sponsored links or adverts. Such cookies are used for conversion and referral tracking and typically expire after 30 days, though some may take longer. No personal information is stored, saved or collected.

What are cookies?

Cookies are small files saved to the user’s computers hard drive that track, save and store information about the user’s interactions and usage of the website. This allows the website, through its server to provide the users with a tailored experience within this website.

A cookie is a simple text file that is stored on your computer or mobile device by a website’s server and only that server will be able to retrieve or read the contents of that cookie. Each cookie is unique to your web browser. It will contain some anonymous information such as a unique identifier and the site name and some digits and numbers. It allows a website to remember things like your preferences or what’s in your shopping basket.

What cookies are used on this website?

PHPSESSI: This is a session cookie used to preserve data across subsequent accesses. It is a temporary cookie that remains in the cookie file of your browser until you close the browser. It is mainly used to maintain your identity

Google Analytics: This is a web analytics service provided by Google, Inc. Google Analytics sets a cookie in order to evaluate your use and compile meaningful site traffic reports. Read more here.

How to enable and disable cookies using your browser

Google Chrome

  1. Click on the ‘wrench’ icon on the browser (usually found top-right corner) to open the tools menu
  2. From the tools menu select ‘Options’
  3. Click the ‘Under the Hood’ tab from the menu on the left.
  4. In the ‘Privacy’ section, select the ‘Content settings’ button
  5. To enable cookies: select ‘Allow local data to be set’ option
  6. To disable cookies: select ‘Block all cookies’ option

Note there are various levels of cookie enablement and disablement in Chrome. For more information on other cookie settings offered in Chrome, refer to this page from Google.

Microsoft Internet Explorer 6.0, 7.0, 8.0, 9.0, 10.0, 11.0

  1. Click on ‘Tools’ at the top of your browser window and select ‘Internet Options’
  2. In the options window navigate to the ‘Privacy’ tab
  3. To enable cookies: Set the slider to ‘Medium’ or below
  4. To disable cookies: Move the slider to the top to block all cookies

Note there are various levels of cookie enablement and disablement in Explorer. For more information on other cookie settings offered in Internet Explorer, refer to this page from Microsoft.

Mozilla Firefox

  1. Click on ‘Tools’ at the browser menu and select ‘Options’
  2. Select the Privacy panel
  3. To enable cookies: Check ‘Accept cookies for sites’
  4. To disable cookies: Uncheck at ‘Accept cookies for sites’

Note there are various levels of cookie enablement and disablement in Firefox. For more information, refer to this page from Mozilla.

Opera

  1. Click on ‘Setting’ at the browser menu and select ‘Settings’
  2. Select ‘Quick Preferences’
  3. To enable cookies: check “Enable Cookies”
  4. To disable cookies: uncheck “Enable Cookies”

Note there are various levels of cookie enablement and disablement in Opera. For more information on other cookie settings offered in Opera, refer to this page from Opera Software.

Safari on MacOS

  1. Click on ‘Safari’ at the menu bar and select the ‘Preferences’ option
  2. Click on ‘Security’
  3. To enable cookies: In the ‘Accept cookies’ section select ‘Only from site you navigate to’
  4. To disable cookies: In the ‘Accept cookies’ section select ‘Never’

Note there are various levels of cookie enablement and disablement in Safari. For more information on other cookie settings offered in Safari, refer to this page from Apple.

All other browsers

Please look for a “help” function in the browser or contact the browser provider. You can also find more information on this page.