This page was updated on 30
January 2018
PFW
TERMS AND CONDITIONS
GENERAL
1.
The following PFW Terms and Conditions relate
separately, in each Part, to each aspect of the day to day business of P.F.
Windibank Fine Art Auctioneers and Valuers including, but not limited to, the
buying, selling and attendance at Auctions or the buying and selling through
the Online Shop.
2.
Each Part should be read carefully and may be
updated from time to time.
3.
If you are buying, attending an Auction or entering
a Lot, or Lots, to be sold at Auction by PFW you will be legally bound by the
relevant Part, or Parts, of the following Terms
and Conditions.
4.
S.J. Windibank is the sole
proprietor and trades as P.F. Windibank Antique and Fine Art Auctioneers and
Valuers.
5.
PFW act as agent for the Seller of any Lot(s) both
at Auction and through the Online Shop.
6.
All parties, including but not limited to; PFW,
Auction attendees, Bidders, Buyers and Sellers irrevocably agree that the
courts of England and Wales shall have exclusive jurisdiction to settle any
dispute or claim (including non-contractual disputes or claims) arising out of
or in connection with the PFW Terms and Conditions or its subject matter or
formation.
7.
The PFW Terms and Conditions, and any dispute or
claim (including non-contractual disputes or claims) arising out of or in
connection with it or its subject matter or formation, shall be governed by and
construed in accordance with the law of England and Wales.
DEFINITIONS
The following definitions should be read as
incorporated into each Part of the Terms and Conditions set out below (Part 1
Part 5) and any further Terms as listed on the P.F. Windibank Website:
Attendance Conditions means
the
Terms and Conditions of Auction
Attendance as set out in Part 1 below.
The
Auction means the day of the
Antique and Fine Art Auction held as listed in the Website calendar.
Auction Catalogue means the directory of Lots to be
sold at the Auction. A separate catalogue is available for each individual
Auction.
The
Auctioneer means the representative of PFW conducting the
Auction.
The
Auction Room means the relevant room located in the Dorking Halls in
which the Auction is held by the Auctioneer.
Bidder means
the individual or party placing a bid at an Auction or through the Online Shop
Buyer means
the individual or party purchasing a Lot, or Lots, at an Auction or through the
Online Shop
Buyers Conditions means the Buyers
Terms
and Conditions of Sale by Auction as set out in Part 2 below.
Estimates means the estimated sale price set out in
the Auction Catalogue.
Goods means
items intended to be sold at the Auction or through the Online Shop prior to
PFW accepting the item and prior to allocation of a Lot number.
Goods Conditions
means the
Terms and Conditions of the
Standard of Goods as set out in Part 4.
High Value Lot(s) any and all Lot(s) valued at or above
£25,000.
Lot,
Lot(s) or
Lots means items for
sale at an Auction or on the Online Shop, a Lot number is allocated for the
item and they are listed in the Auction Catalogue.
The
Office means the main office
built into the front right hand corner of the Dorking Halls,
Reigate
Road, Dorking, Surrey, RH4 1SG.
Online Shop means the shop located on
the shop tab at
www.windibank.co.uk
or the relevant tab on the website of PFW if amended
from time to time.
Part means each
separate section of the PFW Terms and Conditions.
PFW P.F.
Windibank Fine Art Auctioneers and Valuers
PFW Premises means any location in which
PFW operate their business and includes, but is not limited to, the Office, the
Showroom and the Auction Room.
Seller
means
the individual or party attempting to sell a Lot, or Lots, at an Auction or
through the Online Shop
Sellers
Conditions means the
Sellers
Terms and Conditions of Sale as set out in Part 3 below.
The
Showroom means the viewing room located
to the rear of the Dorking Halls, Reigate Road, Dorking, Surrey, RH4 1SG.
The
Website means
www.windibank.co.uk
or the website of PFW if amended from time to time.
Website
Conditions means the
Terms
and Conditions of the use of the
Website and
Online Shop,
as set out in Part 5 below.
PART 1. TERMS
AND CONDITIONS OF AUCTION ATTENDANCE
1.
Scope of Part
1 Attendance Conditions
1.1.
The Attendance
Conditions sets out the necessary terms for attending the Auction with or
without an intention to purchase or sell.
1.2.
The
Attendance Conditions are in addition to all Parts of the Terms and Conditions as
listed on the Website.
1.3.
No clause in
the Part 1 Attendance Conditions, will override the clauses set out in Parts 2
5 should they come into conflict with one another.
2.
Registration
2.1.
When
attending an Auction with the intention to sell or purchase you will be asked
to register your details in order to bid.
2.2.
Registration
can be completed prior to the Auction at the Office, or at the Showroom, both
prior to the Auction and when attending the Auction.
2.3.
Registration cannot take place in the Auction Room.
2.4.
In order to
register you will be asked to provide identification by way of photo ID (i.e. Driving
License or Passport) and proof of address. Without providing this
identification you will not be able to register.
3.
Telephone
Bids
3.1.
Should you
wish to bid via telephone you will be asked to register and provide the
information as set out in 3.2 below.
3.2.
To register you must provide
your full name, permanent address, a telephone number and the debit card
details you intend to use for the purchase.
3.3.
The payment
card provided for the telephone bid should be registered to the same address,
as shown on the proof of address stated in Part 1, clause 2 above.
3.4.
PFW staff
will only ask you to supply your payment card security code when making payment
and will not ask for this prior to payment.
3.5.
You will not
be able to bid via telephone bidding without supplying the information stated
in these Attendance Conditions.
3.6.
This service is subject to line
availability and is at the Auctioneers absolute discretion.
3.7.
A telephone line cannot be
booked unless the Bidder is prepared to bid to a value exceeding £100.00.
4.
Fire Precautions
The
public attending the Auction are requested to leave gangways and the exit doors
clear in case of emergency.
5.
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 the same.
PART 2. BUYERS TERMS AND
CONDITIONS OF
SALE BY AUCTION
1.
Scope of Part 2 Buyers
Conditions
1.1.
The following information is intended
to assist Buyers and Bidders.
1.2.
All sales are conducted under
our Buyers Conditions, as follows, which are readily available for inspection
and the PFW staff will be happy to assist should you require any further
information.
1.3.
The Buyers
Conditions are in addition to all Parts of the Terms and Conditions as listed
on the Website.
1.4.
The Buyer agrees that all Lots
will be purchased under the Buyers Conditions and the other Terms and
Conditions listed on the Website, as updated from time to time.
2.
Agency
2.1.
PFW, unless specified otherwise,
contracts and acts as agent for the Seller.
2.2.
For reasons of confidentiality,
the identity of the Seller will not be disclosed.
2.3.
Accordingly, as a Buyer, your
primary contract is with the Seller.
3.
Estimates
3.1.
Estimates are provided as a
guide to Bidders and Buyers as to the sum expected to be achieved at Auction
for a particular Lot.
3.2.
Estimates are made well before
the Auction and may be altered at any time prior to the sale.
3.3.
The Estimate represents an
estimate of the hammer price and does not include the Buyers premium or VAT.
3.4.
Estimates are in no sense
definitive and are intended merely as a guide.
4.
Faulty Goods
4.1.
Where the letters (a/f)
appear in our description of any Lot it means that the Lot is faulty.
4.2.
Lots not being marked with
(a/f) does not imply that this Lot(s) is without faults or defects.
4.3.
All Lots are sold as seen and should
be examined prior to sale.
5.
Condition Reports
5.1.
At the request of a Buyer who
is unable to view Lot(s) prior to an Auction; PFW may be able to assist by
providing a condition report.
5.2.
Requests must be made in
writing, including by email, in the week prior to an Auction.
5.3.
Condition Reports are based
solely on the own opinion of PFW and are for guidance only.
5.4.
No responsibility is accepted
for the accuracy of the Condition Report; potential Bidders are strongly
recommended to view Lots.
6.
Methods of Bidding
6.1.
Bids may be made as follows:
6.1.1.
in person with a bidding card;
6.1.2.
by completing, and signing, the
standard Bidding Form;
6.1.3.
by e-mail received no later
than 10am (UK time) on the morning of the Auction;
6.1.4.
by telephone;
6.1.5.
by prior booking of a telephone
line to bid for a specific Lot. This service is subject to line availability
and is at the Auctioneers absolute discretion. A telephone line cannot be
booked unless the Bidder is prepared to bid to a value exceeding £100.00 and
provided that the Bidder provides their full name, permanent address, telephone
number and the debit card details they intend to use for the purchase; or
6.1.6.
by bidding via our website.
Please note, your bid will only have been accepted if you are registered on
this website and you have received an automated response email stating the same.
6.2.
PFW executes absentee bids (referenced
in Part 2 clauses 6.1.2 to 6.1.6 above) as a convenience for Bidders and/or Buyers
and accepts no responsibility for inadvertently failing to execute bids or for
errors relating to the execution of the same.
6.3.
Bidders attending in person for
the first time must register prior to bidding, as per the
Attendance Conditions set out above,
and bring a form of photographic identification (i.e. driving license or
passport) and proof of address.
6.4.
You will be provided with a
bidding paddle number which should be returned to a member of staff after the Auction.
6.5.
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.
7.
High Value
Lot(s)
7.1.
On occasion,
for High Value Lot(s), Bidders will be asked to place a deposit, calculated on
a percentage of the value of the relevant Lot(s), in order to bid for the same.
8.
Buyers Premium
A Buyers
premium of 24% (inclusive of VAT) is charged on the hammer price of each Lot.
9.
VAT The Auctioneers Margin
Scheme
9.1.
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 Auctioneers Margin Scheme.
9.2.
VAT is payable on any Lot(s)
marked with a (+) in the catalogue.
10.
Methods of Payment
10.1.
Payment can be made as on the
day of the Auction, at any time in accordance with Part 2 clause 11, in the
Showroom.
10.2.
Payment will be accepted via by
debit card, cash, bank transfer or through our secure website.
10.3.
Credit cards will not be
accepted.
10.4.
Payment made through our secure
website cannot exceed £200.
10.5.
Buyers who cannot make payment
in person, should to so directly through our secure web site or by bank
transfer (details will be set out at the bottom of the PFW invoice).
10.6.
Card payments can only be made
over the telephone for amounts up to £200 (unless previously agreed with the
Auctioneer).
10.7.
For payments made over the
telephone, we will require proof of ID and production of payment card at the
time of collection.
10.8.
PFW staff will be able to
inform you of what payment cards are accepted.
10.9.
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 during the Auction at the Showroom, approximately 30 minutes after
the Lot is sold.
11.2.
If there is an issue or dispute
regarding the sale of the Lot or the Lots, you will not be able to collect
these until the Auctioneer is available to settle the dispute or resolve the
issue.
11.3.
Only the Auctioneer has
responsibility for resolution of any issue or dispute and no other member of
PFW staff will be able to resolve these issues/disputes during or after the
Auction.
11.4.
The Auctioneer will be
available at the specified lunch and post auction times as set out in the
Auction Catalogue.
11.5.
The available times as per Part
2 clause 11.4 above and stated in the Auction Catalogue are an estimate of the
Auction timings and may not reflect the exact timings on the day.
11.6.
Any Lots not paid for and
collected on the day of the Auction should be paid for at the Showroom which is
open on the Sunday immediately after each Auction from 8am to 12 noon and
weekdays from 9am to 5pm.
11.7.
All Lots must be paid for and
collected within 10 days.
11.8.
Any Lot(s) not collected within
the 10-day period will incur storage charges of at least £2 per day.
11.9.
Goods will not be released
until payment has been received.
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 Lot(s) bought through our Auction but please note that PFW are not
professional packers and whilst we will pack Lot(s) to the best of our ability
we will not take any responsibility for loss or damage to Lot(s) packed by us
once they have left our office.
12.3.
Rough estimates of our standard
charges are as follows:
12.3.1.
£13 for Lot(s) under 1kg in a
Jiffy bag;
12.3.2.
from £18 for Lot(s) over 2kg;
and
12.3.3.
variable for Lot(s) 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.
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 Lot(s) will attract payment under the Artists Resale Right.
Further details can be found on the Intellectual Property Office
website at
www.ipo.gov.uk/businessguidance.pdf
PART 3. SELLERS TERMS
AND CONDITIONS OF SALE BY AUCTION
1.
Scope of Part 3 Sellers
Conditions
1.1.
The following information is
intended to assist Sellers.
1.2.
All sales are conducted under
our Sellers Conditions, as follows, which are readily available for inspection
and the PFW staff will be happy to assist should you require any further
information.
1.3.
The Sellers
Conditions are in addition to all Terms and Conditions as listed on the Website.
1.4.
The Seller agrees that all Lots
will be sold under the Sellers Conditions and the other Terms and Conditions
listed on the Website, as updated from time to time.
2.
Instructions
2.1.
All Goods delivered to the PFW
Premises will be deemed to be delivered for sale by Auction unless otherwise
previously stated in writing.
2.2.
Goods will be catalogued and
sold at PFWs discretion and accepted by PFW subject to Part 4 Goods
Conditions.
2.3.
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 each Parts 1, 3, 4 and 5 of the PFW
Terms and Conditions.
3.
Commission
3.1.
Commission is charged to Sellers
on the hammer price of each Lot at the rate of 15% up to, and including,
£1,500.00.
3.2.
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%).
3.3.
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)
4.
Insurance
4.1.
All Lots stored on PFWs Premises
are insured against fire, theft or accidental damage while on PFWs Premises.
4.2.
Sellers are charged at the rate
of 1% of the hammer price, plus VAT, or on the Auctioneers best estimate of
what the hammer price would have been had the Lots sold.
5.
Photographs and Illustrations
5.1.
All Lots are photographed and
the following fees are payable:
5.1.1.
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).
5.1.2.
Website
Photographs - £2 plus VAT for each Lot sold for under £50 (or not sold with a
reserve above the lower estimate).
5.1.3.
1
photograph in The Antique Trades Gazette or any other publication - £25.00 plus
VAT
5.1.4.
1
photograph in the Sale Catalogue - £25.00 plus VAT.
6.
Rights to Photographs and
Illustrations
6.1.
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 PFWs absolute discretion (whether or not in
connection with the Auction).
6.2.
The copyright in respect of
such illustrations and the text in any catalogue or on the Website shall be the
property of PFW.
7.
Removal Costs
7.1.
Any Lot(s) for sale must be
delivered to PFWs Premises at the Sellers own expense and within the stated
deadline.
7.2.
PFW may be able to assist the Seller
with this process through an independent carrier however, PFW does not accept
any liability for any damage caused while Goods are in transit.
7.3.
Any charges incurred in respect
of the above, must be dealt with by the Seller directly with the carrier.
8.
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 Sellers commission and Buyers
premium calculated on the Auctioneers best estimate of what the hammer price
would have been had the Goods sold, together with any VAT thereon and expenses
incurred in relation to the Lot(s) to be sold (e.g. insurance, storage,
photography, etc)
9.
Collection of Unsold Lots
9.1.
All Lots must be inspected by
the Seller before recovering from PFW's Premises.
9.2.
PFW will not be responsible for
any damage to Lots once they have been removed or if they have not been
collected within ten days of the sale.
10.
Reserves
10.1.
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 PFWs Premises.
10.2.
The pre-sale advice form will
be sent, or emailed, to each Seller at the beginning of the week of the Auction.
10.3.
It is the Sellers
responsibility to notify PFW if they do not receive a pre-sale advice.
10.4.
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.
10.5.
Reserves given by telephone are
accepted only at the Sellers risk and must be confirmed in writing prior to
the commencement of the Auction.
10.6.
The Seller is entitled to place
a reserve on any Lot(s) in accordance with Part 3 clause 10.1 being the minimum
hammer price at which the Lot may be sold.
10.7.
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.
10.8.
In the event of any reserve not
being reached at Auction, PFW is entitled to sell after the Auction, by private
treaty, at not less than the reserve, as long as the Goods remain on PFWs Premises.
11.
Unsold Lots
11.1.
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 Auctioneers
estimate), plus any other fees payable under the Conditions.
11.2.
All unsold Lots must be removed
from PFWs 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.
11.3.
After 1 calendar month
following the Auction, if the Lot(s) have not been collected PFW reserves the
right to dispose of the Lot(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 Lot(s).
11.4.
Unsold Lots can be added to the
Online Shop if explicitly requested by the Seller.
12.
Re-Entering Lots for Sale
It is
not PFWs practice to re-enter unsold Lots into future Auctions and any unsold Lots
must be collected in accordance with Part 3, clause 11 above.
13.
Warranty of Title and
Availability
13.1.
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.
13.2.
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 Part 3, clause 13.1.
14.
After the Auction
Even if
the Seller or the Sellers agent was present at the Auction the Seller should
contact PFW to clarify the sale results.
15.
Payment of Sale Accounts
15.1.
Provided that the Buyer has
paid for the Lots, sale accounts are to be settled within 21 days after the
sale
15.2.
Sale proceeds will be paid, as
directed by the Seller, either by electronic bank transfer or by cheque to the Seller
at their own address.
15.3.
PFW act as agents for the
Seller only and as such PFW does not accept responsibility for default by
either the Buyer or the Seller.
15.4.
PFW will not send cheques to
anyone other than the Seller at the Sellers address unless instructed
otherwise by the Seller in writing.
16.
Lots which are unacceptable for
Auction
16.1.
Any Lot 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.
16.2.
PFW will not be liable for such
Lots once they have been passed to the other party and the Seller must deal directly
with the other party henceforth.
17.
Indemnity
The Seller
shall duly indemnify PFW against any claims in connection with any Lots sold by
PFW on behalf of the Seller.
18.
VAT on Sellers Commission and
Sale Expenses
Sellers
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.
19.
VAT under Auctioneers Margin
Scheme
19.1.
VAT will be payable by the Buyer
on the hammer price of Lots when the Seller is a registered taxable person not
selling within the Auctioneers Margin Scheme. VAT is payable on any Lot(s)
marked with an asterisk (*) in the catalogue.
19.2.
It is the responsibility of the
Seller to notify PFW if selling outside the Auctioneers Margin Scheme where
VAT will be payable.
PART 4.
TERMS AND CONDITIONS OF THE STANDARD OF GOODS
1.
Scope of Part 4 Goods
Conditions
1.1.
The following information is
intended to assist Buyers, Bidders and Sellers.
1.2.
All Goods and Lots are subject
to our Goods Conditions, as follows, which are readily available for inspection
and the PFW staff will be happy to assist should you require any further
information.
1.3.
The Goods
Conditions are in addition to all Terms and Conditions as listed on the Website.
2.
Description and Condition
2.1
Whilst
PFW make 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 the 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 14 days of the Auction.
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 Auctioneers
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 PFWs
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 14 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 Auctioneers sole discretion be
put up again and resold.
10.
Removal of Goods
10.1.
No
Lot shall be claimed or removed until it has been paid for and the sale has
been concluded.
10.2.
All
Lots shall be paid for and removed at the Buyers 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.
10.3.
Lots not collected within 10 working days will be
stored in a location of which the Auctioneers deem suitable.
10.4.
The Buyer is responsible for collection of the Lot
from the location as specified in Part 4, clause 10.3 above and payment of any
reasonable storage fees. Collection of the same can only take place once the
reasonable fees have been paid.
10.5.
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.
10.6.
PFW
are able to accept payment from successful Bidders by cash, debit card, paying
funds direct to our bank account (details at bottom of invoice). or paying
though our secure web site
10.7.
PFW
reserves the right to resell at Auction, by private treaty or on the Online
Shop, any Lot not paid for and not collected within 28 days of purchase at
Auction.
10.8.
PFW
reserves the right to resell at Auction, by private treaty or on the Online
Shop, 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
11.1.
The
Buyer shall pay the hammer price together with a premium of 24% (inclusive of
VAT) of the hammer price.
11.2.
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 PFWs 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
14.1.
The
currency exchange rates are those prevailing on the date shown.
14.2.
These
exchange rates are for GUIDANCE only.
14.3.
All
bids submitted will be converted to GBP (£) based on this exchange rate and all
bids will be executed in GBP (£).
14.4.
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.
PART 5. TERMS AND CONDITIONS
OF THE WEBSITE AND THE ONLINE SHOP
1.
Scope of Part 5 - Website
Conditions
1.1.
The following Website
Conditions set out the legally binding Terms and Conditions for the use of the Website
and the Online Shop.
1.2.
The following information is
intended to assist Buyers, Bidders and Sellers.
1.3.
If you continue to browse and
use the 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.
1.4.
The Online
Shop Conditions are in addition to all Terms and Conditions as listed on the
Website.
1.5.
This Agreement applies to all
users of the Website including but not limited to users who are Sellers,
Buyers, Bidders, customers, merchants and contributors of content, information
and other materials or services on the Website.
1.6.
The content of the pages of the
Website is for your general information and use only. It is subject to change
without notice.
1.7.
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.
1.8.
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.
1.9.
All trademarks reproduced in
this website, which are not the property of, or licensed to the operator, are
acknowledged on the website.
1.10.
Unauthorised
use of this website may give to a claim for damages and/or be a criminal
offence.
1.11.
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).
2.
The Online Shop and How it
Works
2.1.
Users of the Website have the
opportunity to list and sell Lot(s) directly to other customers via the Online
Shop.
2.2.
An application for listing is
sent to PFW by selecting the option to add a Lot after registering with the
PFW Website.
2.3.
Upon listing a Lot(s) you will
be asked to enter a description and upload between 2 and 10 photographs of the
Lot(s) 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.
2.4.
For guidance on the writing of
descriptions please see other Lot(s) listed on the PFW Website.
2.5.
Multiple photographs of the
Lot(s) 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 Lot(s).
2.6.
Should there be any change to
the Lot(s) description or appearance it is the Sellers duty to alert PFW of
these changes
2.7.
Once a Lot(s) has been reviewed
and deemed suitable for sale by a member of the PFW team it will be listed on the
Online Shop for a 4-week period, i.e. 28 days.
2.8.
The Online Shop is updated
weekly by PFW; it is at this point that the 4-week period will begin.
2.9.
If your Lot(s) is deemed
unacceptable for listing the listing will be refused and a refund on the
entrance fee will be given.
2.10.
PFW withholds the right to deny
the listing of any Lot(s) if it is deemed to be unacceptable for listing by a
member of the PFW team
2.11.
No monies will be paid to the
Seller until the Lot(s) has been received and all descriptions are verified by
PFW, or the Buyer, and all photographs deemed to have a true likeness to the
Lot(s)
2.12.
If items are unsold within the
4-week period, the Seller will be responsible for the collection of the Lots.
2.13.
Unsold Lots should be collected
within 5 days of the end of the 4-week period.
2.14.
Any items not collected within
5 days will accrue storage charges of at least £2 per day, these reasonable
charges are payable by the Seller.
2.15.
Any items not collected within
28 days will be disposed of as the Auctioneer sees fit and no payment shall be
due to the Seller.
3.
Entrance Fees, Selling Fees and
Other Charges
3.1.
Listing Lot(s) on the Online
Shop will incur entrance fees.
3.2.
This fee will be charged at the
time of application and will cover the 4 weeks, i.e. 28 days, listing as
described in Part 5 clause 2 above.
3.2.1.
£3
+ VAT charge for a Lot advertised at up to £30
3.2.2.
£5
+ VAT charge for a Lot advertised at above £30
3.3.
If sold, a fee of 10% (+ vat on
charge) of the sale price will be incurred on all Lots
3.4.
If unsold within the 4-week
period, the Lots will be removed from the website but no refund on fees will be
given
3.5.
Should you wish to remove your
Lot(s) from the Online Shop before the end of the 4-week period you must inform
PFW as soon as possible and will be charged the 10% + VAT Sale Fee
4.
Sage
Pay and Card Payments
4.1.
The maximum value for each
separate transaction on the PFW Website cannot exceed £200.
4.2.
PFW can only accept payment
made directly into the PFW bank account through SagePay; you will be prompted
to pay through this payment system once you have applied to list your Lot(s).
4.3.
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.
4.4.
Whilst the use of a debit card
in the online shop is free of charge, as per clause 4.1 above, there is a
maximum transaction value of £200.
4.5.
It is the responsibility of the
Bidder/Buyer to confirm with the PFW staff what payment cards are accepted.
5.
Content and Description of
Lot(s)
5.1.
The Seller is legally bound to
give an accurate and true reflection of the Lot(s) being listed in the Online
Shop.
5.2.
As with all Lots within the
Online Shop, whilst PFW makes every effort to ensure the accuracy of the Lots
and the description of it through the application of listing process:
5.2.1.
Each
Lot(s) as set out in the Online Shop is sold by the Seller with all faults,
imperfections and errors of description;
5.2.2.
PFW
does 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;
5.2.3.
All
statements, whether printed in the Online Shop, on the 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;
5.2.4.
Any
claim under any Statute must be received in writing by the Auctioneer within
ten days of the day of sale.
5.3.
Where the letters (a/f)
appear in our description of any Lot(s) it means that the Lot(s) is faulty but
it does not imply that Lot(s) 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.
5.4.
Notwithstanding any other terms
of these Conditions, if within 14 days after the sale PFW have received from
the Buyer of any Lot(s) notice in writing that in his view the Lot(s) is a
deliberate forgery and within 21 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 Lot(s) is a deliberate
forgery, then the sale of the Lot(s) will be rescinded and the purchase price
of the same refunded.
5.5.
Unless stated in the
description, all Lots are sold in working order.
5.6.
Any Seller applying to sell
Goods through the Online Shop warrants that:
5.6.1.
They
will not list Lots that will tie the Buyer into a contract of any type or form;
5.6.2.
They
are the owner of those Goods and have the authority to sell them; and
5.6.3.
The
Goods are listed and Lots are sold free from any encumbrances.
5.7.
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
5.8.
In accordance with Part 4, whilst
PFW makes every effort to ensure the accuracy of the Lot(s) and the description
of it:
5.8.1.
Each
Lot(s) as set out in the shop is sold by the Seller with all faults,
imperfections and errors of description;
5.8.2.
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;
5.8.3.
All
statements, whether printed in the shop, on PFWs 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; and
5.8.4.
Any
claim under any Statute must be received in writing by the Auctioneer within 14
days of the day of sale.
6.
Postage and Packaging
6.1.
Postage and Packaging costs for
the delivery of sold Lot(s) will be met by the Buyer.
6.2.
PFW cannot receive Goods from
or deliver Goods to any location outside of the United Kingdom
6.3.
All Lot(s) should be sent to
PFW either before sale or within 48 hours of sale, PFW will then deliver the
Goods to the Buyer.
6.4.
Once these Lot(s) are received
by PFW there will be a 5-day lead time on Lot(s) being sent to the Buyer
6.5.
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.
6.6.
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.
6.7.
PFW offer a packing and postage
service for Lot(s) bought through our shop but please note that P F Windibank
are not professional packers and whilst we will pack Lot(s) to the best of our
ability we will not take any responsibility for loss or damage to Lot(s) packed
by us once they have left our office.
6.8.
Rough estimates of our standard
delivery charges are as follows:
6.8.1.
£13
for Lot(s) under 1kg in a Jiffy bag;
6.8.2.
from
£18 for Lot(s) over 2kg; and
6.8.3.
variable
for Lot(s) posted to the Highlands and Islands and addresses outside the UK.
6.9.
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.
6.10.
The currency exchange rates are
those prevailing on the date shown.
6.11.
These exchange rates are for
GUIDANCE only.
6.12.
Any Lot(s) will be converted to
GBP (£) based on this exchange rate and all Lot(s) will be executed in GBP (£).
7.
Goods Deemed Unacceptable for
Listing
7.1.
Goods that may be deemed
unacceptable for listing include but are not limited to the following. Please
note that this list is not exclusive and PFW reserve the right to deem any Goods
unacceptable for listing:
7.1.1.
Electrical
Goods with no wiring guarantee, please note electrical Goods with a wiring
guarantee may still be acceptable for listing;
7.1.2.
Upholstered
Goods not meeting fire regulation;
7.1.3.
Goods
subject to trading restrictions;
7.1.4.
Fake
Goods or duplicates;
7.1.5.
Any
Goods deemed to be dangerous, flammable or poisonous; and
7.1.6.
Any
Goods that is not free from any encumbrance or form of contract or lease.
Privacy
Policy
This privacy policy
is separate from the PFW Terms and Conditions and 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 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 computers 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 opt-out 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 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).
+44 (0)1306 884556
