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Terms & Conditions



This page was updated on 14 June 2015

terms of Auction Attendance  

 

1. Scope of The Agreement

1.1 This Agreement sets out the necessary terms for attending the Auction with an intention to purchase or sell.

1.2 This Agreement is in addition to all Terms and Conditions as listed on the Website and any clauses will not override that of the Terms and Conditions for Sellers or Buyers or the Terms and Conditions of the online shop.

2. Attending an auction

2.1 When attending an auction with an intention to sell or purchase you will be asked to register your details in order to bid, you should do this either prior to the auction at the office or via email or at the front entrance when attending the auction.

2.2 In order to register you will be asked to provide identification by way of photo ID, for example; Driving License or Passport. Without this you will not be able to register.

3. Telephone Bids

3.1 Should you with to bid via telephone you will be asked to register and provide card details with a card registered to the same addressed used to register to buy/sell at the auction.

3.2 You will not be asked to supply your security code at this point.

3.3 Without supplying your card details you will not be able to bid via telephone bidding.

4. High Value Items

4.1 On occasion, with regard to items valued at above £25,000, you will be asked to place a deposit, calculated on a percentage basis based on the item available, in order to bid for the item.  


Buyers Terms and Conditions of Sale by Auction

General Conditions

1. Introduction

The following information is in tended to assist buyers. All sales are conducted under our printed Buyers Terms and Conditions of Sale by Auction General Conditions and Standard Conditio ns (“the Conditions”) which are readily available for inspection and our staff will be happy to assist should you require any further information.

2. Agency

PFW usually contracts as agent for the seller and, for reasons of confidentiality, the identity of the seller will not usually be disclosed. Accordingly, if you buy, your primary contract is with the seller.

3. Estimates

Estimates are provided as a guide to buyers as to the sum expected to be achieved at auction for a particular lot. Estimates are made well before the date of the sale and may be altered at any time prior to the sale. The estimate represents an estimate of the hammer price and does not include the buyer’s premium or VAT. Estimates are in no sense definitive and are intended merely as a guide.

4. Faulty Goods

Where the letters “(a/f)” appear in our description of any lot it means that the item is faulty but it does not imply that items not so marked are without faults and all lots should be examined prior to sale.

5. Condition Reports

At the request (in writing or by email in the week prior to an auction) of a buyer who is unable to view items prior to an auction, PFW may be able to assist by providing a condition report but these are based solely on our own opinion and for guidance only and no responsibility is accepted for their accuracy. Intending buyers are strongly recommended to view.

6. Damage to Lots

Any person causing damage to any lot will be held responsible for such damage and the Auctioneer will be the sole judge in assessing the cost of such damage.

7. Methods of Bidding

7.1 Bids may be made as follows:

a) in person with a bidding card;

b) by completing and signing our standard Bidding Form;

c) by e-mail received no later than 10am (UK time) on the morning of the auction;

d) by telephone;

e) by prior booking of a telephone line to bid for a specific item. This service is subject to line availability and is at the Auctioneer’s absolute discretion. A telephone line cannot be booked unless the Auctioneer’s estimate for the item exceeds £100.00 and provided that the prospective buyer provides their full name, permanent address and land line telephone number and subject to the Buyer’s Standard Conditions of Sale hereinafter appearing; or

f) by bidding via our website. Please note, your bid will only have been accepted if you are registered on this website.

7.2 PFW executes absentee bids (under paragraphs (b), (c), (d), (e) and (f) above) as a convenience for buyers and is not responsible for inadvertently failing to execute bids or for errors relating to the execution of such bids.

7.3 Bidders attending in person for the first time must register prior to bidding and bring a form of photiographic identification (i.e. driving licence or passport) including proof of address. You will then be provided with a bidding paddle number which should be returned to a member of staff after the auction. You will only be required to register on your initial visit but on each subsequent visit you will be issued with a bidding number for that particular auction.

8. Buyer’s Premium

A buyer’s premium of 20% (plus VAT on the premium) is charged on the hammer price of each lot.

9. VAT – The Auctioneer’s Margin Scheme

VAT will be payable by the buyer on the hammer price of any lot when the seller is a registered taxable person not selling within the Auctioneer’s Margin Scheme. VAT is payable on any item marked with a “(+)” in the catalogue.

10. Methods of Payment

10.1 Payment can be made on the day of the auction, at the times quoted in our catalogue, by debit card, credit card, cash,bank transfer or or pay though our secure web site. Credit cards will incur a charge of 2% (plus VAT),. Debit card transactions are free. (Please check what credit and debit cards we accept)

10.2 Buyers who cannot come to our office, should make payment direct to our secure web site or by bank transfer (details at bottom of invoice).

10.3 Card payments can be made over the telephone for amounts up to £200 (unless previously agreed with the Auctioneer). We will require proof of ID and production of payment card at the time of collection.

10.4 If you require clarification on any aspect of the above please ask the Auctioneer or a member of his staff who will be happy to assist you.

11. Payment and Collection of Purchases

11.1 Lots can be paid for and collected immediately after the auction finishes (during the lunch break and late afternoon). PFW is unable to collect money or release items whilst the auction is in progress.

11.2 Any items not paid for and collected on the day of the auction should be paid for at our office at the front of the Dorking Halls which is open on the Sunday immediately after each auction from 8am to 12 noon and weekdays from 9am to 5pm.

11.3 It is important that all goods are paid for and collected promptly. Goods will not be released until payment has been received. Any delay in collecting items may incur storage charges.

12. Postage and Packing

12.1 PFW will, if required, provide the buyer with details of local carriers who will be able to assist with delivery. Any such arrangements must be made directly with the local carrier and the Auctioneer will not be responsible in any way.

12.2 PFW offer a packing and postage service for items bought through our auction but please note that PFW are not professional packers and whilst we will pack items to the best of our ability we will not take any responsibility for loss or damage to items packed by us once they have left our office.

12.3 Our standard charges are as follows:

a. £13 for items under 1kg in a Jiffy bag;

b. from £15 for items over 2kg; and

c. variable for items posted to the Highlands and Islands and addresses outside the UK.

12.4 Goods paid for by telephone will only be posted to the address to which the payment card is registered and which accords with the address on our records.

13. Fire Precautions

The public attending the sale are requested to leave gangways and the exit doors clear in case of emergency.

14. Artists Re-Sale Rights

Under a European directive there is a resale royalty payable to some artists on works of art sold for 1,000 Euros or more. This will be charged to the buyer and the amount will be based on the hammer price and exchange rate. This payment is passed on to the relevant Collecting Society without fee or VAT. The royalty charge is added to invoices and must be paid before purchases are removed. Buyers must satisfy themselves prior to bidding whether or not any item will attract payment under the Artist’s Resale Right. Further details can be found on the Intellectual Property Office website at www.ipo.gov.uk/businessguidance.pdf.


SELLERS TERMS AND CONDITIONS OF SALE BY AUCTION

This is an important document and should be read carefully. If you are entering an item to be sold at auction by P.F. Windibank Auctioneers you will be legally bound by the following Terms and Conditions

1. Definitions

S.J. Windibank is the sole proprietor and trades as P.F. Windibank Antique and Fine Art Auctioneers and Valuers (“PFW”). In these Conditions P.F. Windibank, who act only as auctioneers and agents for the seller, are called “PFW”, and the representative of P.F. Windibank conducting the auction is called “the Auctioneer”

2. Conditions of Sale

The seller agrees that all goods will be sold under PFW’s Conditions of Sale (“the Conditions”)

3. Instructions

All goods delivered to PFW’s premises will be deemed to be delivered for sale by auction unless otherwise previously stated in writing and will be catalogued and sold at PFW’s discretion and accepted by PFW subject to the Conditions. By delivering the goods to PFW for inclusion in their auction sales each seller acknowledges that he or she has accepted and agreed to be bound by the Conditions

4. Commission

4.1 Commission is charged to sellers on the hammer price of each lot at the rate of 15% up to, and including, £1,500.00. 

4.2  Should the hammer price exceed £1,500.00, commission will be charged at 15% on the first £1,500.00 and 10% on any remaining  balance of the hammer price. (i.e if the hammer price is £2,000.00; £1,500.00 will be charged at 15% and remaining balance of £500 will be charged at 10%.)

4.3  VAT is chargeable on the commission at the appropriate rate prevailing by law at the date of the sale. (Subject to a minimum charge of£6 + VAT per lot)

5. Insurance

All goods on PFW’s premises are insured against fire, theft or accidental damage while on PFW’s premises and sellers are charged at the rate of 1% of the hammer price, plus VAT, or on the Auctioneer’s best estimate of what the hammer price would have been had the goods sold

6. Photographs and Illustrations

6.1 All items are photographed and the following fees are payable:

(a) Website photographs - £5.00 plus VAT for each lot sold at £50 or over (or not sold with a reserve above the lower auction estimate) and £2 for each lot sold for under £50 (or not sold with a reserve above the lower estimate)

(b) 1 photograph in The Antique Trades Gazette or any other publication - £25.00 plus VAT

(c) 1 photograph in the Sale Catalogue - £25.00 plus VAT

7. Rights to Photographs and Illustrations

The seller gives PFW full and absolute right to photograph and illustrate any lot placed for sale by auction and to use such images at PFW’s absolute discretion (whether or not in connection with the auction). The copyright in respect of such illustrations and the text in any catalogue or on PFW’s website shall be the property of PFW

8. Removal Costs

Any items for sale must be delivered to PFW’s premises at the seller’s own expense and within the stated deadline. PFW may be able to assist the seller with this process through an independent carrier but PFW cannot accept any liability for any damage caused while goods are in transit and any charges incurred must be dealt with directly with the carrier

9. Withdrawn Lots

Where a seller cancels instructions for sale or where a lot is withdrawn for any reason other than misattribution or authenticity, PFW reserves the right to charge a fee equal to the seller’s commission and buyer’s premium calculated on the Auctioneer’s best estimate of what the hammer price would have been had the goods sold, together with VAT thereon and expenses incurred in relation to the item(s) to be sold (eg insurance, storage, photography, etc)

10. Collection of Unsold Items

All items must be inspected by the seller before recovering from PFW's premises. PFW Will not be responsible for any damage to articles once they have been removed or if they have not been collected within ten days of the sale.

11. Reserves

11.1 All lots will be sold without reserve except those lots which the seller indicates are to have a reserve by completing and returning the pre-sale advice form to PFW’s offices. The pre-sale advice form will be sent or emailed to each seller at the beginning of the week of the auction. It is the seller’s responsibility to notify PFW if they do not receive a pre-sale advice. Failure to return the pre-sale advice form will result in the articles being sold to the highest bidder and under no circumstances will PFW be liable for unsatisfactory results. Reserves given by telephone are accepted only at the seller’s risk and must be confirmed in writing prior to the commencement of the auction.

11.2 The seller is entitled to place a reserve on any item in accordance with Condition 11(a) being the minimum hammer price at which the lot may be sold

11.3 If the Seller specifically gives the Auctioneer “discretion” when placing a reserve the Auctioneer may accept a bid of up to 10% below the formal reserve

11.4 In the event of any reserve not being reached at auction PFW is empowered to sell after the auction, by private treaty, at not less than the reserve, as long as the goods remain on PFW’s premises. In the event of such a sale by private treaty the Conditions will apply

12. Unsold Lots

12.1 Any lot(s) which do not reach their reserve and have therefore not sold will be charged at the rate of 2% plus VAT on the reserve (except when the reserve is within the Auctioneer’s estimate), plus any other fees payable under the Conditions

12.2 All unsold lots must be removed from PFW’s premises within ten days of the sale date. If collection exceeds ten days a storage fee of £2.00 per lot per day plus VAT will be charged. After one calendar month following the auction date if the item(s) have not been collected PFW reserves the right to dispose of the item(s) to a charity shop or otherwise as deemed fit by the Auctioneer without reserve and all charges will be deducted from the sale of the item(s) (Please contact us if you wish to add your items to our shop)

13. Re-Entering Items for Sale

It is not PFW’s practice to re-enter unsold items into future auctions and any unsold items must be collected in accordance with Condition 12 above (Please contact us if you wish to add your items to our shop)

14. Warranty of Title and Availability

14.1 The seller warrants to PFW and to the buyer that he or she is the true owner of the property or is properly authorised by the true owner to sell the property and is able to transfer good and marketable title to the property free from any third party claims

14.2 The seller hereby undertakes to indemnify PFW and any buyer or third party against any loss or damage suffered as a consequence of any breach of Condition 14(a)

15. After the Auction

Even if the seller or the seller’s agent was present at the auction the seller should contact PFW to clarify the sale results

16. Payment of Sale Accounts

16.1 Sale accounts are settled within twenty one days after the sale, by cheque to the seller at the address provided by the seller, provided that the item(s) have been paid for by the buyer. PFW disclaims responsibility for default by either the buyer or the seller because PFW act as agents for the seller only and do not pay out to the seller until payment is received from the buyer

16.2 PFW cannot send cheques to anyone other than the seller at the seller’s address unless instructed otherwise by the seller in writing

17. Items which are unacceptable for Auction

Any item delivered to PFW but deemed unacceptable for sale by the Auctioneer can, at the request of the seller, be placed in the hands of another party. PFW shall not be liable for such items once they have been passed to the other party and the seller must deal directly with the other party thenceforth

18. Indemnity

The seller shall duly indemnify PFW against any claims in connection with any goods sold by PFW on behalf of the seller

19. VAT on Seller’s Commission and Sale Expenses

Seller’s commission and sale expenses such as insurance, illustration and advertising are subject to VAT at the appropriate rate prevailing by law at the date of the sale

20. VAT under Auctioneer’s Margin Scheme

20.1 VAT will be payable by the buyer on the hammer price of items when the seller is a registered taxable person not selling within the Auctioneer’s Margin Scheme. VAT is payable on any item marked with an asterisk (*) in the catalogue

20.2 It is the responsibility of the seller to notify PFW if selling outside the Auctioneer’s Margin Scheme where VAT will be payable


 

Standard Conditions

1. Definitions

S J Windibank is the sole proprietor and trades as P.F. Windibank Antique and Fine Art Auctioneers and Valuers (“PFW”). In the Buyers Terms and Conditions of Sale by Auction General Conditions and Standard Conditions (“the Conditions”) P.F. Windibank who act only as auctioneer and agent for the seller is called “PFW” and the representative of PFW conducting the auction is called “the Auctioneer”.

2. Description and Condition

2.1 Whilst PFW makes every effort to ensure the accuracy of the catalogue and the description of any lot:

a. Each lot as set out in the catalogue or as divided or combined with any other lot or lots is sold by the seller with all faults, imperfections and errors of description;

b. PFW does not accept responsibility for the authenticity, attribution, genuineness, origin, authorship, date, age, period, condition or quality of any lot unless it has been instructed in writing by the seller so to certify and, in such case, PFW does so as agent of the seller and is not itself responsible for such claims;

c. All statements, whether printed in the catalogue, on PFW’s website or made verbally as to any of the matters set out in (b) above are statements of opinion only and are not to be taken as being or implying any warranties or representations of fact by PFW unless it has been instructed to do so as agent of the seller and is not itself responsible for such claims; and

d. Any claim under any Statute must be received in writing by the Auctioneer within ten days of the day of sale.

3. The Buyer and Bidding Procedures

3.1 Bidders are required to register their particulars and provide the requested identification prior to bidding.

3.2 The highest bidder shall be the buyer except in the case of a dispute. If during an auction the Auctioneer considers that a dispute has arisen, he has absolute discretion to settle it or to re-offer the lot. The Auctioneer may at his sole discretion determine the bidding increments or refuse a bid.

3.3 Every bidder shall be deemed to act as principal unless there is in force written acknowledgement by PFW that it acts as agent on behalf of a named principal.

4. The Auction

4.1 The Auctioneer has absolute discretion to divide any lot, to combine any two or more lots or to withdraw any lot or lots from the sale, to refuse bids, regulate bidding or cancel the sale without in any case giving any reason or without previous notice. The Auctioneer may bid on behalf of the seller for all goods which are being offered subject to any reserve or at the Auctioneer’s discretion.

4.2 Each lot is put up for sale subject to any reserve placed by the seller.

4.3 All conditions, notices, description, statements and other matters in PFW’s catalogue and elsewhere concerning any lot are subject to any statements modifying or affecting the same made by the Auctioneer from the rostrum prior to any bid being accepted for the lot.

5. Rescission

Notwithstanding any other terms of these Conditions, if within fourteen days after the sale PFW has received from the buyer of any lot notice in writing that in his view the lot is a deliberate forgery and within twenty-one days after such notification the buyer returns the same to PFW in the same condition as at the time of sale and by producing evidence, the burden or proof to be upon the buyer, satisfies PFW that considered in the light of the entry in the catalogue the lot is a deliberate forgery, then the sale of the lot will be rescinded and the purchase price of the same refunded.

6. Private Treaty Sales

In the event of a sale by private treaty both the seller and the buyer agree to be bound by the Conditions.

7. Default

PFW disclaims responsibility for default by either the buyer or the seller because they act as agent for the seller only and therefore do not pay out to the seller until payment is received from the buyer.

8. Inspection

Each buyer by making a bid for a lot acknowledges that he has satisfied himself fully before bidding by inspection or otherwise as to all the Conditions, the physical condition of and description of the lot including but not restricted to whether the lot is damaged or has been repaired or restored.

9. Risk

Each lot is at the sole risk of the buyer from the fall of the hammer. Each buyer shall forthwith give his full name and permanent address, landline and mobile telephone number and if called upon to do so by the Auctioneer shall forthwith pay to PFW such proportion of the purchase price as the Auctioneer may require. If the buyer fails to do so, the lot may at the Auctioneer’s sole discretion be put up again and resold.

10. Removal of Goods

a) No lot shall be claimed or removed until it has been paid for and the sale has been concluded.

b) All lots shall be paid for and removed at the buyer’s risk and expense by the end of the tenth working day after the sale or upon the clearance of any cheque used for payment failing which the Auctioneer shall not be responsible for the same if lost, stolen, damaged or destroyed and all lots not so removed shall remain at the risk of the buyer and subject to a minimum storage charge of £2.00 (+ VAT) per lot per day.

c) Any lots not paid for and removed within ten working days of the sale may be resold by the Auctioneer at auction or by private treaty without notice to the buyer. Any liability which there may be on the part of PFW in respect of any loss shall be restricted to a maximum of the price paid by the buyer of the lot.

d) In the event of any failure of the buyer to comply with any of the above conditions the damages recoverable by the seller or PFW from the defaulter shall include any loss arising on any re-sale of the lot, together with the charges and expenses of both sales, together with interest at 2% above Barclays Bank PLC base rate upon the price of any lot which has not been paid for within 48 hours of the sale and any money deposited in part payment shall be held by PFW on account of any liability of the defaulter to them or the seller.

e) PFW are able to accept payment from successful bidders by cash, debit card, credit card, paying funds direct to our bank account (details at bottom of invoice). or paying though our secure web site

f) PFW reserves the right to resell at auction or by private treaty any lot paid for but not collected within 6 calendar months of purchase at auction and to deduct all expenses due to PFW.

11. Purchase Price

The buyer shall pay the hammer price together with a premium of 20% of the hammer price (adjusted for VAT as necessary). The premium attracts VAT (on the commission only) at the appropriate rate prevailing by law at the date of the sale and is payable by all buyers.

12. Rights to Photograph and Illustrations

The buyer gives PFW full and absolute right to use such photographs and illustrations of lots sold at auction at any time at its absolute discretion (whether or not in connection with the auction).

13. Third Party Liability

Every person on PFW’s premises at any time shall be deemed to be there at his or her own risk. He or she shall have no claim against PFW in respect of any accident which may occur or injury, damage or loss howsoever caused, save insofar as the injury, damage or loss shall be caused by the direct negligence of PFW employees.

14. Exchange Rate Information

The currency exchange rates are those prevailing on the date shown. These exchange rates are for GUIDANCE only. All bids submitted will be converted to GBP (£) based on this exchange rate and all bids will be executed in GBP (£).

The Buyer will receive an email confirming his bid in GBP (£) and if successful is liable to pay this in GBP (£) at the exchange rate prevailing when he settles his account.


October 2014

TERMS & CONDITIONS FOR P.F.WINDIBANK ONLINE SHOP


1. Introduction

Welcome to our online shop. 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 our relationship with you in relation to this website.

2. Definitions

2.1 S J Windibank is the sole proprietor and trades as P.F. Windibank Antique and Fine Art Auctioneers and Valuers (“PFW”). PFW usually contracts as agent for the seller and, for reasons of confidentiality, the identity of the seller will not usually be disclosed. Accordingly, if you buy, your primary contract is with the seller.

2.2 The term "us" or "we"; refers to the owner of the website. The term "you"; refers to the user or viewer of our website.

3. Condition and Description

3.1 Whilst PFW makes every effort to ensure the accuracy of the item and the description of it:

a) Each item as set out in the shop is sold by the seller with all faults, imperfections and errors of description;

b) PFW do not accept responsibility for the authenticity, attribution, genuineness, origin, authorship, date, age, period, condition or quality of any lot unless they have been instructed in writing by the seller so to certify and, in such case, PFW do so as agent of the seller and are not themselves responsible for such claims;

c) All statements, whether printed in the shop, on PFW’s website or made orally as to any of the matters set out in (b) above are statements of opinion only and are not to be taken as being or implying any warranties or representations of fact by PFW unless they have been instructed to do so as agents of the seller and are not themselves responsible for such claims;

d) Any claim under any Statute must be received in writing by the Auctioneer within ten days of the day of sale.

3.2 Where the letters “(a/f)” appear in our description of any item it means that the item is faulty but it does not imply that items not so marked are without faults. PFW may be able to assist by providing a condition report but these are based solely on our own opinion and for guidance only and no responsibility is accepted for their accuracy.

3.3 Notwithstanding any other terms of these Conditions, if within fourteen days after the sale PFW have received from the buyer of any item notice in writing that in his view the item is a deliberate forgery and within twenty-one days after such notification the buyer returns the same to PFW in the same condition as at the time of sale and by producing evidence, the burden or proof to be upon the buyer, satisfies PFW that considered in the light of the entry in the shop the item is a deliberate forgery, then the sale of the item will be rescinded and the purchase price of the same refunded.

4. Use of the P.F Windibank Online Shop

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

a) The content of the pages of this website is for your general information and use only. It is subject to change without notice.

b) 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.

c) 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.

d) All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.

e) Unauthorised use of this website may give to a claim for damages and/or be a criminal offence.

f) 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).

5. Delivery

5.1 PFW will, if required, provide the buyer with details of local carriers who will be able to assist with delivery. Any such arrangements must be made directly with the local carrier and P F Windibank will not be responsible in any way.

5.2 PFW offer a packing and postage service for items bought through our shop but please note that P F Windibank are not professional packers and whilst we will pack items to the best of our ability we will not take any responsibility for loss or damage to items packed by us once they have left our office. 

5.3 Our standard charges are:

a) £13 for items under 1kg in a Jiffy bag;

b) from £15 for items over 2kg; and

c) variable for items posted to the Highlands and Islands and addresses outside the UK.

5.4 Goods paid for by telephone will only be posted to the address to which the payment card is registered and which accords with the address on our records.

5.5 The currency exchange rates are those prevailing on the date shown. These exchange rates are for GUIDANCE only. An item will be converted to GBP (£) based on this exchange rate and all items will be executed in GBP (£).


Privacy Policy


This privacy policy sets out how we use and protect any information that you give us when you use this website.

We are committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

We may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.

1. What we collect

We may collect the following information:

  • name
  • company name
  • contact information including email address
  • demographic information such as postcode, preferences and interests
  • other information relevant to customer surveys and/or offers

2. What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

a) Internal record keeping.

b) We may use the information to improve our products and services.

c) We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided

3. Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

4. How we use cookies

A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

5. Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

6. Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:

a) Whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes

b) If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us, or clicking on the unsubscribe or optout link in our email marketing emails

We will not sell, distribute or lease your personal information to third parties (unless we are required by law to do so). We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

You may request details of personal information which we hold about you under the Data Protection Act 1998.

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.

7. Shop Transactions and Security

Windibank.co.uk does not directly process your payment and credit/debit card information will never be entered on our website. Your name, invoicing address, delivery address and contact details that are entered during the checkout process are encrypted (using SimpleXOR and Base64) and passed to SagePay (our chosen payment processing partner) for processing. SagePay then process your payment securely using their chosen security and encryption methods (please see www.sagepay.com for more details)


TERMS & CONDITIONS FOR LISTING ITEMS ON P.F.WINDIBANK ONLINE SHOP

The following Terms of Use (Agreement) sets out the legally binding Terms and Conditions for the use of the P.F Windibank Online Shop (The Shop). By using The Shop, including but not limited to browsing, you are agreeing to be bound by the Agreement and all other Terms and Conditions as set out on the P.F Windibank website.

This Agreement applies to all users of The Shop including but not limited to users who are sellers, customers, merchants and contributors of content, information and other materials or services on the P.F Windibank website. P.F Windibank Fine Art Auctioneers and Valuers (PFW) takes no responsibility for the actions or non-compliance of the Terms and Conditions of Sellers or Buyers. As with all Terms and Conditions on the PFW Website, this Agreement may from time to time be updated, please ensure you have read all Terms and Conditions before continuing.

1. Description of The Shop and How it Works

1.1 Users of The Shop have the opportunity to list and sell items directly to other customers.

1.2 An application for listing is sent to PFW by selecting the option to “add an item” after registering with the PFW Website.

1.3 Upon listing an item you will be asked to enter a description and upload between 2 and 10 photographs of the item for review by a member of the PFW team. At this point you will be asked to pay and entrance fee, as set out below in the “Entrance and Selling Fees” section of this Agreement.

1.4 For guidance on the writing of descriptions please see other items listed on the P.F Windibank Website.

1.5 Multiple photographs of the item should be sent to PFW in order to cut down on condition reports; these photographs must be taken within one month of the application for listing to ensure they resemble a true likeness of the item. Should there be any change to the items description or appearance it is the Sellers duty to alert PFW of these changes

1.6 Once an item has been reviewed and deemed suitable for sale by a member of the PFW team it will be listed on The Shop for a 6 week period, 42 days. The Shop is updated weekly by PFW; it is at this point that the 6 week period will begin. If your item is deemed unacceptable for listing the listing will be refused and a refund on the entrance fee will be given.

1.7 PFW withholds the right to deny the listing of any item if it is deemed to be unacceptable for listing by a member of the PFW team

1.8 No monies will be paid to the Seller until the item has been received and all descriptions are verified by PFW, or the Buyer, and all photographs deemed to have a true likeness to the item

2. Entrance Fees, Selling Fees and Other Charges

2.1 Listing items on The Shop will incur entrance fees as follows. This fee will be charged at the time of application and will cover the 6 week, 42 days, listing as described in the “Description of The Shop and How it Works” section of this Agreement.

a) £3 + VAT charge for items advertised at up to £30
b) £5 + VAT charge for items advertised at above £30

2.2 If sold, a fee of 10% (+ vat on charge) of the sale price will be incurred on all items

2.3 If unsold within the 6 week period items will be removed from the website but no refund on fees will be given

2.4 Should you wish to remove your item from The Shop before the end of the 6 week period you must inform PFW as soon as possible and will be charged the 10% + VAT Sale Fee

2.5 PFW can only accept payment made directly into the PFW bank account through SagePay; you will be promoted to pay through this payment system once you have applied to list your item

2.6 All payments made by the Buyer will be made directly to PFW through SagePay, PFW will then make payments directly into the Sellers bank account using bank details previously given through registration

2.7 Whilst the use of a debit card in the online shop is free of charge, Credit cards will incur a charge of 2% (plus VAT). Please ensure you have checked what credit and debit cards we accept.

3. Content and Description of Items

3.1 The Seller is legally bound to give an accurate and true reflection of the item(s) being listed in The Shop

3.2 As with all items within The Shop, whilst PFW makes every effort to ensure the accuracy of the item and the description of it through the application of listing process:

a) Each item as set out in the shop is sold by the seller with all faults, imperfections and errors of description;
b) PFW do not accept responsibility for the authenticity, attribution, genuineness, origin, authorship, date, age, period, condition or quality of any lot unless they have been instructed in writing by the seller so to certify and, in such case, PFW do so as agent of the seller and are not themselves responsible for such claims;
c) All statements, whether printed in the shop, on PFW’s website or made orally as to any of the matters set out in (b) above are statements of opinion only and are not to be taken as being or implying any warranties or representations of fact by PFW unless they have been instructed to do so as agents of the seller and are not themselves responsible for such claims;
d) Any claim under any Statute must be received in writing by the Auctioneer within ten days of the day of sale.

3.3 Where the letters “(a/f)” appear in our description of any item it means that the item is faulty but it does not imply that items not so marked are without faults. PFW may be able to assist by providing a condition report but these are based solely on our own opinion and for guidance only and no responsibility is accepted for their accuracy.

3.4 Notwithstanding any other terms of these Conditions, if within fourteen days after the sale PFW have received from the buyer of any item notice in writing that in his view the item is a deliberate forgery and within twenty-one days after such notification the buyer returns the same to PFW in the same condition as at the time of sale and by producing evidence, the burden of proof to be upon the buyer, satisfies PFW that considered in the light of the entry in the shop the item is a deliberate forgery, then the sale of the item will be rescinded and the purchase price of the same refunded.

3.5 Unless stated in the description, all items are sold in working order

3.6 Any Seller applying to sell goods through The Shop will not list an item that will tie the Buyer into a contract of any type or form

3.7 Any Seller applying to sell goods through The Shop warrants that they are the owner of those goods and have the authority to sell them

3.8 Any court proceedings arising from false descriptions, photographs or a non-compliance with PFW Terms and Conditions will be the sole responsibility of the Seller or Buyer

4. Delivery

4.1 Postage and Packaging costs for the delivery of sold items will be met by the Buyer

4.2 PFW cannot receive goods from or deliver goods to any location outside of the United Kingdom

4.3 All items should be sent to PFW either before sale or within 48 hours of sale, PFW will then deliver the goods to the Buyer. Once these items are received by PFW there will be a five day lead time on items being sent to the Buyer

4.4 Furniture can be arranged to be collected from the Seller, however, this must be noted in the description and PFW must be notified of this prior to the end of sale

5. Items Deemed Unacceptable for Listing

5.1 Items that may be deemed unacceptable for listing include but are not limited to the following items. Please not that this list is not exclusive and PFW reserve the right to deem any item unacceptable for listing
a) Electrical Goods with no wiring guarantee, please note electrical goods with a wiring guarantee may still be acceptable for listing
b) Upholstered goods not meeting fire regulations
c) Items subject to trading restrictions
d) Fake items or duplicates
e) Any item deemed to be dangerous, flammable or poisonous
f) Any item that is not free from any form of contract or lease


 


Opening Times
Mon - Fri: 9am till 5pm
Saturday Morning: 10am till 1pm
Our Location
P.F. Windibank
The Dorking Halls,
Reigate Road,
Dorking, Surrey,
RH4 1SG, UK
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