Terms and conditions
Brilliant Auctions is referred to as the ‘auctioneers’ throughout these Terms & Conditions.
Conducting the sale
Auctioneer’s discretion
The auctioneer can at their sole discretion:
(a) move the bidding backwards or forwards in any way he or she may decide, or change the order of the lots;
(b) refuse any bid;
(c) withdraw any lot;
(d) divide any lot or combine any two or more lots;
(e) reopen or continue the bidding even after the hammer has fallen; and
(f) in the case of error or dispute related to bidding (during or after the auction), can continue the bidding, determine the successful bidder, cancel the sale of the lot, or reoffer and resell any lot. If you believe that the auctioneer has accepted the successful bid in error, you must provide a written notice detailing your claim within 3 business days of the date of the auction. The auctioneer will consider such claim in good faith. If the auctioneer, in the exercise of his or her discretion under this paragraph decides after the auction is complete, to cancel the sale of a lot, or reoffer and resell a lot, he or she will notify the successful bidder no later than by the end of the 7th calendar day following the date of the auction. The auctioneer’s decision in exercise of this discretion is final. This paragraph does not in any way prejudice our ability to cancel the sale of a lot under any other applicable provision of these Terms & Conditions.
We may limit who can enter our auctions by refusing admission to our premises, restricting participation in any auction online, or rejecting any bid.
Bidding
The minimum bid accepted by the auctioneers on any Lot is £5, where the reserve price and any commission bids allow.
The highest bidder shall be the buyer and if any dispute arises between the bidders regarding any lot offered at auction or any other matter in relation to the same, the lot in dispute shall, at the auctioneers discretion, either be immediately put up again and re-sold or the auctioneer reserves the right to decide the dispute and their decision shall be final and binding on all parties concerned.
The auctioneer can accept bids from:
• bidders in the saleroom
• internet/online bidders
• written bids (also known as absentee bids or commission bids) left with us by a bidder before the auction.
Bids in the room (When ‘in-person’ bidding is available)
Whether you are joining us for the first time or are a seasoned attendee it’s a really simple process. Register at reception on auction day, with your name, address, telephone and email and you will be issued with a unique bidding number. Just make sure the auctioneer sees you making your bids!
Bids online
Where indicated on our website, live online bidding facilities are available where you can register to bid from the comfort of your own location. These platforms also offer a pre-bid/absentee bid facility. Platform charges apply.
Commission bids
We also offer a commission bid service free of charge. You can submit a commission bid via email to
[email protected]. We will require your full name, address, phone number and email address, as well as the lot number you wish to bid on and your maximum bid. Your bids will be executed as low as is permitted by any other bids and applicable reserves. Commission bids may require credit or debit card details for security; these details will be destroyed after the auction.
For commission bids, full and correct descriptions are available from the Auctioneer at the bidder’s request. The Auctioneers accept no responsibility or liability for incorrect purchases resulting from incorrect Lot descriptions, wrongly noted Lot numbers or unclear/illegible bid amounts. Commission bids will only be accepted by the Auctioneers if accompanied by the required name and address identification.
Bidding on behalf of the Vendor
The auctioneer may, at his or her sole option, bid on behalf of the Vendor up to but not including the amount of the reserve either by making consecutive bids or by making bids in response to other bidders. The auctioneer will not identify these as bids made on behalf of the Vendor and will not make any bid on behalf of the Vendor at or above the reserve. If lots are offered without reserve, the auctioneer will generally decide to open the bidding at 50% of the low estimate for the lot. If no bid is made at that level, the auctioneer may decide to go backwards at his or her sole option until a bid is made, and then continue up from that amount. In the event there are no bids on a lot, the auctioneer may deem such lot unsold.
Our ability to cancel
In addition to the other rights of cancellation contained in this agreement, we can cancel the sale of a lot if:
(i) any of the buyer’s or Vendor’s warranties are not met;
(ii) the lot is not physically available
(iii) we reasonably believe that completing the transaction is or may be unlawful; or
(iv) we reasonably believe that the sale places us or the vendor under any liability to anyone else or may damage our reputation.
Copyright
Brilliant Auctions owns the copyright in all images, illustrations and written material produced by or for us relating to a lot (including the contents of our catalogues unless otherwise noted in the catalogue). You cannot use them without our prior written permission. We do not offer any guarantee that you will gain any copyright or other reproduction rights to the lot.
Accidents and damage
Neither the auctioneers nor the vendors shall be responsible for any accident or damage to life or limb which may occur to any person(s) during the viewing, auction or removal of the lot or lots.
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Information for buyers
By registering to bid and/or by bidding at one of our auctions you agree to these terms, so please make sure you read them carefully before you bid.
Brilliant Auctions makes every effort to ensure accuracy of any statement concerning attribution and age. However, it is essential that prospective bidders carefully examine the lots they are interested in, to satisfy themselves fully as to the attribution and condition of any lot. Brilliant Auction staff are happy to discuss and assist with this and appointments to view lots can be arranged. Brilliant Auctions does not make any guarantees regarding the condition of any lot(s). All lots are sold ‘as found’ unless specifically stated otherwise in the description. For your guidance we make effort to record all significant damage, repair and restoration however, descriptions of damage are naturally subjective and in providing condition reports we do not guarantee or imply that there are no other defects present, which have not been mentioned.
Registration and approval prior to the auction
To be registered and approved by the auctioneers to take part in and bid in any auction you must have registered you name and address with the auctioneers prior to the start of the auction and have had your identity checked; approval is wholly at the discretion of the auctioneers.
Description of lots
Our description of any lot in our catalogue, any condition report and any other statements made by us, either orally or in writing, about a lot, including its nature or condition, period, materials, artist, dimensions or provenance are our opinion and not a statement of fact. We don’t carry out in-depth research of the sort carried out by professional historians or scholars. All dimensions and weights are approximate only. We do not provide any guarantee in relation to the nature of a lot.
Condition
The condition of lots sold in our auctions can vary widely due to factors such as age, previous damage, restoration, repair and wear and tear. Lots are sold ‘as is’, in the condition they are in at the time of the sale, without any representation or warranty or assumption of liability of any kind as to condition by us or by the vendor.
Any reference to condition in a catalogue entry or in a condition report will not amount to a full description of condition, and images may not show a lot clearly. Colours and shades may look different in print or on screen to how they look on physical inspection. Condition reports may be available to help you evaluate the condition of a lot. Condition reports are provided free of charge as a convenience to our buyers and are for guidance only. They offer our opinion, but they may not refer to all faults, inherent defects, restoration, alteration or adaptation because our staff are not professional restorers or conservators. For that reason, they are not an alternative to examining a lot in person or taking your own professional advice. It is your responsibility to ensure that you have requested, received and considered any condition report.
If you bid without prior physical inspection of the item, you are bidding on you are deemed to have done so entirely at your own risk. No allowance can, in any case, be made, nor shall the vendor or auctioneers be answerable for any deficiency in quantities, weight or measurement claimed for after the hammer has fallen.
Price estimates
Price estimates are based on the condition, rarity, quality, and provenance of the lots and on prices recently paid at auction for similar items. Estimates can change. Buyers cannot rely on any estimates as a prediction or guarantee of the actual selling price of a lot or its value for any other purpose. Estimates do not include the buyer’s premium or any applicable taxes.
Invoicing after the sale
The buyer’s invoice for a lot will be include the following:
• Hammer price
• Buyer’s premium
• Any applicable taxes (inc VAT, artists resale royalties etc)
• Platform commission
• Storage fees (only if applicable)
• Postage or shipping fees (if requested)
Hammer price
The highest bid when the hammer falls at the sale of a lot.
Buyer’s premium
All lots are sold subject to a buyer’s premium of 20% +VAT of the hammer price.
Taxes
The successful bidder is responsible for all applicable tax including any VAT, customs tax or equivalent tax wherever such taxes may arise on the hammer price and the buyer’s premium. VAT charges and refunds depend on the particular circumstances of the buyer. VAT is payable on the buyer’s premium, and, for some lots, VAT is payable on the hammer price and will be charged at the applicable rate as detailed.
VAT payable
We will use the VAT Margin Scheme in accordance with Section 50A of the VAT Act 1994 & SI VAT (Special Provisions) Order 1995.
No VAT will be charged on the hammer price.
VAT at 20% will be added to the buyer’s premium but will not be shown separately on our invoice.
OR
We will invoice under standard VAT rules and VAT will be charged at 20% on both the hammer price and buyer’s premium and shown separately on our invoice.
For qualifying books only, no VAT is payable on the hammer price or the buyer’s premium.
Artist’s resale royalty
In certain countries, local laws entitle the artist or the artist’s estate to a royalty known as ‘artist’s resale right’ when any lot created by the artist is sold. If these laws apply to a lot, you must pay us an extra amount equal to the royalty. We will pay the royalty to the appropriate authority on the vendor’s behalf.
The artist’s resale royalty applies if the hammer price of the lot is £1,000 or more if located in the United Kingdom at the time of sale. The total royalty for any lot cannot be more than £12,500. We work out the amount owed as follows:
Royalty for the portion of the hammer price:
4% up to £50,000
3% between £50,000.01 and £200,000
1% between £200,000.01 and £350,000
0.50% between £350,000.01 and £500,000
over £500,000, the lower of 0.25% and £12,500
Platform commission
If you registered with us using the 'Login/Register' on our website. This will create an account with Easyliveauction.com and all lots purchased will be subject to an additional 3% +VAT fee.
All lots purchased via the easyliveauction.com website will be subject to an additional 3% commission charge from Easylive + VAT of the hammer price, or a flat fee of £3 if that option was chosen by the buyer when registering for a sale.
All lots purchased via the Bidspirit.com platform may be subject to an additional 1% +VAT fee.
Storage fees
Storage fees may be charged if a lot is not paid for and collected, or delivery arranged within 3 working days of the auction.
Postage and shipping
No postage or shipping fees will be charged if you collect your lot in person from us or make your own arrangements for collection. You can request a postage and packing quote to be added to your invoice. We usually dispatch parcels via Royal Mail Tracked 24 or Special Delivery, depending on the value of the parcel. Oversize parcels will usually be dispatched via Parcelforce Express24 and additional insurance may be added for values over £150. To minimise our impact on the environment, we do our best to recycle good quality packaging materials when preparing our deliveries. It also helps keep our packing fees as reasonable as possible for our buyers.
Ownership
The 'Title of Goods' only passes to the buyer after payment in full has been made to the auctioneers and funds have cleared. The 'Title of Goods' covers only those items actually specified in the catalogue description of the lot in question and does not cover any other items, whatsoever, passed to the buyer, by any means, which remain the property of the vendor and held by the auctioneers. If any such items are brought to the attention of the buyer, or are discovered by them, the items must be returned immediately to the auctioneers.
Payments
If you are successful in bidding at one of our auctions, payment is due no later than three working days after the sale. We do not accept cash or cheques for any amount. Payment can be made in the following ways.
In person using debit or credit cards
Where possible accounts should be settled in advance of collecting at the saleroom using your paylink or bank transfer using the details below. Alternatively, we can accept card payment on collection. We cannot accept cheques or cash.
Online or by bank transfer
The bank details you need to make a payment will be on the invoice you will receive by email after a sale. Our bank details are also listed below:
Account Name Brilliant Auctions Ltd
Sort Code: 30-97-51
Account Number: 76150568
SWIFT: LOYD GB21040
IBAN: GB12 LOYD 30975176150568
All bank charges or fees, at either the point of sending or receiving, must be met by the buyer.
Please remember to include the name you bought under and, if possible, the sale date and a lot number.
All lots bought over the internet during Live Internet Bidding are sold subject to platform fees on top of the buyer’s premium. All purchases must be paid for in full before any lot is removed from our premises.
Any accounts/buyers remaining outstanding after 2 weeks of the auction will be automatically considered to have defaulted, the sale(s) cancelled, the lot(s) reoffered in auction or returned to the vendor(s) and the buyer banned from making future bids with the auctioneers, easyliveauction.com and any other applicable bidding platforms.
If not paid within such time any money deposited in part payment shall be absolutely forfeited and the auctioneers shall be at liberty to resell the lot(s) or part thereof that remain unremoved, by public auction or private sale, without giving notice thereof to the buyer and any deficiency which arises on such re-sale, together with all expenses arising from such action shall be made good by the buyer. Neither the vendor nor the auctioneers shall be responsible for any lot after the fall of the hammer, as from which time all lots purchased are wholly at the risk of the buyer.
Buyer’s warranties
(a) You warrant that the funds used for settlement are not connected with any criminal activity, including tax evasion, and you are neither under investigation, nor have you been charged with or convicted of money laundering, terrorist activities or other crimes.
(b) Where you are bidding as agent on behalf of any ultimate buyer(s) who will put you in funds before you pay us for the lot(s), you warrant that:
(i) you have conducted appropriate customer due diligence on the ultimate buyer(s) and have complied with all applicable anti-money laundering, counter terrorist financing and sanctions laws;
(ii) you will disclose to us the identity of the ultimate buyer(s) (including any officers and beneficial owner(s) of the ultimate buyer(s) and any persons acting on its behalf) and on our request, provide documents to verify their identity;
(iii) the arrangements between you and the ultimate buyer(s) in relation to the lot or otherwise do not, in whole or in part, facilitate tax crimes;
(iv) you do not know, and have no reason to suspect that the ultimate buyer(s) (or its officers, beneficial owners or any persons acting on its behalf) are on a sanctions list, are under investigation for, charged with or convicted of money laundering, terrorist activities or other crimes, or that the funds used for settlement are connected with the proceeds of any criminal activity, including tax evasion; and
(v) where you are a regulated person who is supervised for anti-money laundering purposes under the laws of the EEA or another jurisdiction with requirements equivalent to the EU 4th Money Laundering Directive, and we do not request documents to verify the ultimate buyer’s identity at the time of registration, you consent to us relying on your due diligence on the ultimate buyer, and will retain their identification and verification documents for a period of not less than 5 years from the date of the transaction. You will make such documentation available for immediate inspection on our request.
Our liability to buyers
(a) We give no warranty in relation to any statement made, or information given, by us or our representatives or employees, about any lot and, as far as we are allowed by law, all warranties and other terms which may be added to this agreement by law are excluded. The vendor’s warranties contained below are their own and we do not have any liability to you in relation to those warranties.
(b) (i) We are not responsible to you for any reason (whether for breaking this agreement or any other matter relating to your purchase of, or bid for, any lot) other than in the event of fraud or fraudulent misrepresentation by us or other than as expressly set out in these Terms & Conditions; or (ii) we do not give any representation, warranty or guarantee or assume any liability of any kind in respect of any lot with regard to merchantability, fitness for a particular purpose, description, size, quality, condition, attribution, authenticity, rarity, importance, medium, provenance, exhibition history, literature, or historical relevance. Except as required by local law, any warranty of any kind is excluded by this paragraph.
(c) In particular, please be aware that we are not responsible to you for any error (human or otherwise), omission or breakdown in our online bidding system.
(d) We have no responsibility to any person other than a buyer in connection with the purchase of any lot.
(e) We have no responsibility for any loss, theft or any form of damage to any item post-sale.
(f) If, in spite of the terms above, we are found to be liable to you for any reason, we shall not have to pay more than the purchase price paid by you to us. We will not be responsible to you for any reason for loss of profits or business, loss of opportunity or value, expected savings or interest, costs, damages, or expenses.
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Notes on specific types of item
Electrical goods
All electrical goods are sold as scrap and must be reconditioned prior to use, regardless of whether the lot is shown in working condition. We strongly advise that any re-conditioning is undertaken by an appropriately qualified electrician. All items will be catalogued as ‘untested’ to reflect this.
Jewellery
Jewellery estimates are based on the information in any gemmological report or, if no report is available, please assume that the gemstones may have been treated or enhanced.
Watches
Batteries will be removed from watches and retained by us prior to sale. If the lot is collected from the saleroom, the batteries will be made available for collection free of charge.
Wines and spirits
There is always a risk of cork failure with old wines or spirits (especially during or after transit) and buyers should always take this possibility into account when bidding.
Information for vendors
We reserve the right to refuse any items which, in our opinion, are of no saleable value.
Vendors fees
15% +VAT on the hammer price for all lots.
Lotting charge (including photography)
There is a £2 +VAT lotting charge (entry fee) per lot, per auction, on all items whether sold or unsold. Lots are photographed for illustration on our website and on sale-day displays in the saleroom. Photography is at the discretion of the auctioneers.
Postage and shipping
We can make arrangements to collect items for auction within a 25-mile radius of any of our locations at a cost of £45 per hour to the vendor. Transport is charged from the time the van leaves our premises, collects the goods and returns to us and unloads. For further details and a bespoke quote please contact
[email protected].
Value Added Tax
Value added tax at the current rate is applied to all commissions, charges and premiums. Vendors registered for VAT must inform the auctioneers of their registration numbers - and in such cases their goods will be sold exclusive of VAT but that amount to be then added to the hammer price.
Damage & loss warranty
All goods are covered by the auctioneers whilst being packed and transported by our staff, our consultants or our contractors to our premises and during storage. Brilliant Auctions, our staff, our consultants or our contractors, will not be held responsible for any loss, theft or any form of damage to any items whatsoever post-sale.
Reserves
All lots are offered without a reserve unless the vendor advises the auctioneers, in writing prior to the sale, of any reserve prices they wish to place on their items. All reserve prices are subject to a 10% margin up or down at the auctioneer’s discretion. We can provide vendors with advice on suitable reserve levels.
If any items being offered at 'no reserve' only attract the opening bid of £5 they will be sold at that opening bid.
Unsold lots
Vendors must notify the auctioneers if any unsold lots are not to be automatically re-entered in a future sale either without reserve or at a reserve set by the auctioneers. Any lots without a reserve that fail to attract an opening bid of £5 will be treated as unsold and will be disposed of, unless the vendor has made arrangements to collect them. If specifically requested, we can arrange for the return of goods. An estimated cost for packing and transportation can be requested.
Withdrawing lots
From the date the vendor signs the Consignment Form they have a seven-day cooling off period to withdraw any items from sale. Withdrawal of items may incur a charge plus the cost of return to the vendor. Any instructions given by vendors must be confirmed in writing to
[email protected]. Items may not be withdrawn after the seven-day cooling off period.
Storage
Items stored on our premises awaiting inclusion in a suitable sale are stored without charge. Unsold lots must be collected within five days of the sale if they are not to be re-entered into a future sale, or a storage charge may be applied.
Vendor’s warranties
For each lot, the vendor gives a warranty that the vendor:
(a) is the owner of the lot or a joint owner of the lot acting with the permission of the other co-owners or, if the vendor is not the owner or a joint owner of the lot, has the permission of the owner to sell the lot, or the right to do so in law; and
(b) has the right to transfer ownership of the lot to the buyer without any restrictions or claims by anyone else.
Default by the buyer
Brilliant Auctions are not responsible for default by the buyer. Brilliant Auctions will not pay out the vendor until payment in full is received (and cleared) from the buyer. Any lots not paid for by the buyer will ultimately be treated as unsold, and, after notifying the vendor, will be re-offered for sale in an appropriate auction.
Payments to vendors
Post sale a Vendors Statement will be emailed to you to show the outcome of the sale. Payment to the vendor of the final sales proceeds minus charges will be sent within 4 weeks of sale day. Payment to the vendor may be delayed if payment has not been made by the buyer in the requested timeframe. Brilliant Auctions will do all we can to secure payments from auction bidders but on the rare occasion payment from the bidder cannot be secured the relevant item/s will be considered unsold.
Prior to Brilliant Auctions releasing any proceeds to the vendor, if a buyer makes a claim to return any lot and if Brilliant Auctions is of the opinion that such a claim is justified, then the sale of said item(s) will be cancelled and the item considered unsold.
It is the responsibility of the Vendor to ensure that the bank account details they provide are correct. If a payment is made to an incorrect account due to incorrect details being provided, we reserve the right to charge for any redirection of funds.
Anti-Money Laundering
Brilliant Auctions Ltd (referred to as Brilliant Auctions within this policy) is a legal, ethical and transparent company, and it takes the responsibility to ensure and maintain that its services are not being used for corruption, irregularities, or money laundering. The company has actively implemented measures to verify clients, detect irregularities, and have a process for the reporting of any suspicious activity to the appropriate bodies. Please refer to our Anti-Money Laundering Policy for further details.
Glossary
auctioneer: the individual auctioneer and/or Brilliant Auctions.
buyer’s premium: the charge the buyer pays along with the hammer price.
condition: the physical condition of the lot.
estimate: the price range included in the catalogue or any saleroom notice within which we believe a lot may sell. Low estimate means the lower figure in the range and high estimate means the higher figure. The mid estimate is the midpoint between the two.
hammer price: the amount of the highest bid the auctioneer accepts for the sale of a lot.
lot: an item to be offered at auction (or two or more items to be offered at auction as a group).
provenance: the ownership history of a lot.
reserve: the confidential amount below which we will not sell a lot.
