TERMS AND CONDITIONS
Wokingham Auctions offers a Timed online bidding service via the-saleroom.com
In completing the bidder registration form on the www.the-saleroom.com and providing your credit card details and unless alternative arrangements are agreed with Wokingham Auctions:
- authorise Wokingham Auctions, if they so wish, to charge the credit/debit card given in part or in full payment, including all fees, for items successfully purchased in the auction via the-saleroom.com and
- confirm that you are authorised to provide these credit/debit card details to Wokingham Auctions through www.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.
VENDOR TERMS & CONDITIONS
1.1 Agent for the Seller
Wokingham Auctions Ltd (hereafter W.A. Ltd) acts as an agent for the Seller. The Seller agrees that W.A. Ltd shall promote and offer the Lot(s) for sale on their behalf. For the purposes of the present Terms and Conditions, the Seller is defined as the legitimate owner of the Lot(s). The Contract of Sale is between the Buyer and the Seller.
1.2 Seller Undertakings
The Seller undertakes to W.A. Ltd that they are the true owner of the Lot, or have been duly mandated by the true owner to sell the Lot, and that there are no claims relating to ownership or title or any other claim thereon. All information provided by the Seller prior to the sale, including but not limited to attribution or provenance is deemed to be true and accurate. The Seller shall be bound by such assertions and may be liable to indemnify W.A. Ltd for any false statements made. Any Seller acting in the course of business shall be bound by the description they make. In relation to imported items, the Seller undertakes that the Laws of the countries from which the item was exported have been complied with and that the item has been lawfully imported. It is the Seller’s duty to obtain necessary licenses and authorisations for the purposes of the sale.
1.3 Proof of identity
The Seller shall be required to provide proof of identification in the form of a passport and photocard driving licence. No other forms of ID are acceptable. Proof of address of main residence is also required. Only official documents showing name and address will be accepted.
1.4 Lot examination and description
W.A. Ltd shall proceed to a free standard examination of the Seller’s Lot, which does not involve in-depth investigation or tests unless otherwise agreed. The Seller may request further research and tests which may incur extra costs. Such undertakings by W.A. Ltd shall be at the Seller’s expense. Identification and description of the Lot is a statement of opinion by W.A. Ltd and at this point is made for the sole purposes of informing the Seller. Until the Lot is entered for sale, the basic description given by W.A. Ltd is not binding.
Estimates at W.A. Ltd are made for indicative purposes only and are merely a statement of the auctioneer’s opinion, based on a variety of factors such as the item’s market value at the time of the sale, quality, rarity etc. The Seller accepts that any estimate or valuation provided by W.A. Ltd is a genuinely held opinion only and can in no way be considered as a guarantee of the selling price or value of the item. Estimates do not include Seller’s Commission or VAT. W.A. Ltd shall not be held responsible if a Lot does not sell within the range of the provided estimate and by no means can the sale be cancelled by the Seller in such circumstances.
The Seller may place a reserve price on items offered for auction. Reserve prices of less than £100 shall not be accepted. Where Lots are entered on a signed contract or receipt without reserve, the Lot may be sold to the highest bidder, irrespective of the price achieved by the said Lot at auction. Lots with discretionary reserves may be sold at 10% below the lower estimate.
1.7 Cataloguing / Marketing
A basic pre-sale description of the Lot(s) shall be made prior to cataloguing. This basic description is for identification purposes only and by no means is W.A. Ltd held by such assertions. A handling charge of £10 will be incurred on sold and unsold lots relating to either the sale result or in the event of a lot failing to sell, the lot reserve: Standard lotting fee structure, based on low estimate or hammer price(+VAT): Marketing and any promotion of a lot(s) in any medium is at the sole discretion at W.A. Ltd.
W.A. Ltd shall own the copyright on all images, illustrations and written material produced by or for W.A. Ltd relating to a Lot, including catalogue contents. The Seller shall not use the said materials without the prior consent of W.A. Ltd.
1.8 Item withdrawal before the sale
In the event a catalogued Lot is withdrawn by the Seller prior to the sale, a charge of 15% of the reserve plus VAT (whichever is greater) will be levied. W.A. Ltd may at its entire discretion and at any time before or during the sale withdraw a Lot consigned by the Seller for any reason it deems reasonable, such as where disputes have arisen with respect to questionable authenticity or attribution, or in the event of any other claim on the Lot.
Any costs in relation to the sale that may arise, such as Seller’s Commission, taxes, and any other costs relating to the promotion of the Lot by W.A. Ltd or obtaining relevant authorisations for the purposes of the sale shall be at the Seller’s expense. W.A. Ltd may, upon the Seller’s request or prior consent, arrange additional services such as restoration of the item or authenticity tests. Any costs that may be incurred for the purposes of promoting and selling the Lot shall be at the Seller’s expense.
2. DURING THE SALE
2.1 Bidding policies
W.A. Ltd shall regulate the bidding at its entire discretion. Neither the Seller nor anyone on behalf of the Seller shall be permitted to bid for their own Lots. Where Lots are entered with a reserve, W.A. Ltd alone shall have the right to bid on behalf of the Seller and up to the set reserve price only. Bidding thereafter shall be incremented at the auctioneer’s discretion in response to interested third parties.
3. AFTER THE SALE
3.1 Unsold Lots
If a Lot does not sell during the auction it may be collected, by arrangement or entered to the next sale at a reduced reserve. Unsold or withdrawn Lots will not be released until all outstanding charges have been settled in full.
3.2 Seller’s Commission
A standard commission charge of 15% of the hammer price on any Lot, plus VAT on that commission, shall be payable by the Seller to W.A Ltd.
Subject in all cases to prior receipt of cleared funds by W.A Ltd and subject to cancellation of the sale under condition 3.5, W.A Ltd shall make payment by bank transfer of the proceeds of sale within 21working days. Payments delays caused by buyers or any other unforeseen circumstances will be managed in consultation with the seller and payments made as soon as funds are cleared. Payment shall be made within the above-mentioned time frame only after full payment for any outstanding amounts owed by the seller has been made to W.A Ltd.
3.4 Loss or Damage
W.A. Ltd shall store consigned Lots on its premises. W.A. Ltd is not authorised by the Financial Services Authority (F.S.A.) to provide insurance to its clients and does not do so. However, W.A. Ltd provides a Loss or Damage Liability Warranty, therefore assuming liability for Lots consigned to us at the lower pre-sale estimate, until title passes to the Buyer at the fall of the hammer. A Loss and Damage Liability Warranty fee of 1.5% of the hammer price plus VAT will be charged on both sold and unsold lots. The liability assumed by W.A. Ltd under the present section shall be limited to the lower pre-sale estimate or to the set reserve price if a Lot is unsold.
In the event W.A. Ltd becomes aware of any error or dispute of any nature during or after the auction, it may entirely at its discretion cancel the sale or reoffer and resell the Lot, whether or not title has passed to the Buyer, and up to a period of 6 months after said sale.
Grounds for cancellation under the present section shall include but not be limited to: any dispute relating to the attribution or provenance of the Lot; ownership and title; fraud or deceit; lack of relevant licences or certificates; any subsequent changes in domestic or international legislations restricting the sale of export of goods etc.
In the event fraud is committed, the Seller may be liable to indemnify both the Buyer and W.A. Ltd. By no means can the Seller cancel the sale upon the fall of the hammer. However, the Seller must notify W.A. Ltd within 28 days of any event which may give rise to a claim failing in which, W.A. Ltd reserve the right to decline any such claim. If W.A. Ltd has made payment for the proceeds of the sale to the Seller prior to cancellation of the said sale, the Seller shall make a full refund of the proceeds within 5 working days from notification of the cancellation by W.A. Ltd.
3.6 Law and Jurisdiction
The rights and obligations of the parties with respect to these Conditions of Sale and the conduct of the auction and any matters related to any of the foregoing shall be governed by and interpreted in accordance with the Law of England and Wales. For the benefit of W.A. Ltd all bidders and sellers agree that the Courts of England are to have exclusive jurisdiction to settle all disputes arising in connection with all aspects of all matters or transactions to which these Conditions of Sale and Authorship warranty relate or apply. All parties agree that W.A. Ltd shall retain the right to also bring proceedings in any court other than the Courts of England.
BUYERS’ TERMS & CONDITIONS
- 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.
- The buyer shall pay the Auctioneer a commission at the rate of 30% of the Hammer Price, inclusive of VAT and online bidding charges at the applicable rate on all individual lots.
- 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.
- 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.
- 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.
- 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.
- 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.
- Prior to auction ample opportunity is given for the inspection of the Lots on sale by appointment 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. 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.
- 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.
- All lots are sold within the Auctioneer’s 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.
NB: As this is a Timed Online-only auction and under EU Consumer Law any discrepancies with bought items must be brought to our attention within 21 days of the sale date end or 14 days after receiving purchases. Otherwise refunds will not be entertained (as we need to pay out vendors after this period).
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.
The amount is calculated as follows:
Royalty for the portion of the Hammer Price (in Euro)
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
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- 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.
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.
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.
We are committed to ensuring that your information is secure with us and with the third parties who act on our behalf.
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