Terms and Conditions
1. Introduction -We are Mayfair Auction House, registered under HMB Art and Trade LTD in the United Kingdom. We operate the website https://www.mayfairauctionhouse.com and offer a broad of exquisite art objects to be sold in live and online auctions. You can contact us by mailing to
[email protected] . -These terms pertain to Mayfair Auction House and are meant to inform buyers and sellers of their rights and responsibilities as well as any applicable terms, conditions, limitations, and exclusions. Please read this document carefully, and if there is anything you do not completely comprehend, do not hesitate to contact our staff.
2. Definitions -Mayfair Auction House (MAH) act as agents and are known as the 'Auctioneers', the persons instructing MAH to sell goods are herein known as 'Vendors' and the persons who have acquired lots offered for sale are known as 'Purchasers'. -We act as the agent of the seller whose identity is not normally disclosed therefore disclaim any responsibility for default by sellers or buyers. -The ‘Bidder’ is any person who is registered in participating in the auction, and the ‘Buyer’ is the successful Bidder for a particular Lot. -The bid amount achieved (at or above any reserve) when the auctioneer lowers the hammer is referred to as the "Hammer Price"; -"Consigned Property" refers to the things that the Vendor has given to MAH to be sold at an auction; -"Deliberate Forgery" means an imitation made with the intention of deceiving as to authorship, origin, date, age, period, culture or source but which is unequivocally described by MAH in the catalogue as being the work of a particular creator and which at the date of the sale had a value materially less than it would have had if it had been in accordance with the description; -"Terms of Consignment" refers to any predetermined conditions and commission rates under which MAH will heed directions from Vendors or their representatives; -"Total Amount Due" refers to the sum of the Hammer Price for the Lot sold plus any premium, commission, chargeable value-added tax, and any other fees owed by a buyer in failure in accordance with these Conditions; -"Sale proceeds" refers to the net amount owed to the seller, which is the hammer price of the sold lot less the specified commission rate, any applicable VAT, and any other amounts owed to us by the seller for any reason or in any capacity;
3. Bidding -New bidders will need to register prior to the sale. Before bidding all Purchasers must register with their full name, address and telephone number and other information to satisfy the security requirements. Any bidder who refuses to provide the requested identification may be refused permission to bid. -Subject to any reserves, the buyer shall be the highest bidder. If any dispute arises the Auctioneer shall have absolute discretion to settle it or to put any disputed lot up again. The auctioneers decision is absolute and final. -Bidders are accountable for any choices they make regarding a specific Lot and are assumed to have thoroughly examined and verified its condition. Neither MAH nor its employees or agents shall be responsible for any neglect or default in doing or failing to do so. -Before any sale, bidders have numerous opportunities to view and inspect the property, and potential buyers must make their own determinations regarding all relevant issues. All explicit, implied, and statutory conditions and warranties are hereby disclaimed, and neither MAH nor its officers, employees, or agents nor the Vendor take responsibility for the accuracy of such opinions. -Any successful bids using the live bidding facility will be subject to the usual Buyer’s Premium, plus VAT. -Subject to condition the contract between the buyer and seller is concluded on the striking of the auctioneers hammer whereupon the buyer becomes liable to pay the purchase price. -Our right to bid on behalf of the seller is expressly reserved up to the amount of any reserve and the right to refuse any bid is also reserved. -Live Online Bidding In completing the bidder registration and providing your card details, unless alternative payment arrangements are agreed with Mayfair Auction House, you agree i. to authorise Mayfair Auction House, if they wish to do so, to charge the debit or credit card provided in part or full payment, including all fees, for goods successfully bought in the auction via the online bidding platforms. ii. Mayfair Auction House is authorized to allow the goods to be shipped to the cardholder's name and address given in order to complete the sale. iii. That neither Mayfair Auction House nor the seller will be responsible for any faculties during or after the sale such as errors caused by any loss of connection to the auction, a problem with the online bidding platform or the website service provider and a problem with any internet connection.
4. Payment -On top of the hammer price for every item sold, there will be a buyer's premium of 25% plus VAT. For internet bidding, there is an additional cost. -All products marked with an asterisk or double asterisk are required by law to include VAT Value Added Tax in the hammer price. Value Added Tax is charged at the appropriate rate prevailing by law at the date of sale and is payable by buyers of relevant Lots. -The buyers are required to pay within 10 days after the auction date. -You might be requested for identification once a lot has been sold. Cash, bank cards, and credit cards are accepted forms of payment. As an alternative, payment can be made by bank transfer after receiving your statement or via your invoice itself. For high value items or large invoices, the buyer might be requested to pay via bank transfer. Before the auctioneer is confident that complete payment has been received, no goods will be passed to any buyers. We do not accept payment by telephone. -Invoices will not be split or title transferred to another person(s). Lots cannot be removed until all invoices have been settled in full.
5. Collection -Buyers shall at their own risk and expense take away any Lot that they have purchased and paid. After that point, buyers are liable for any removal, storage, and insurance costs. The buyer is responsible for covering all transportation expenses up front. -Any additional shipping expenses that may be associated with the sale are the buyer's responsibility. These expenses could include postage, import and export licenses as needed, and any other permits required for products to be shipped outside of the UK. -Mayfair Auction House does not provide shipping protection. Any damage to the products that may occur before the hammer is dropped is not the responsibility of the Mayfair Auction House.
6. Shipping Policy -Mayfair Auction House is happy to offer excellent packaging and shipping services for small and medium-sized goods bought at their auctions. The costs for this will be an additional amount that will be added to your invoice if required. If you are unsure whether an item can be delivered to your address, please contact us before placing a bid so we can help you determine. -The buyer is responsible for the cost of packing and shipping of the items they purchased. We disclaim all responsibility for any damage or loss brought on by the packaging and shipping services we offer. -If you choose to get your items posted with us; When the sale ends and you begin the shipping process, your item will be packed in order to calculate the exact postage cost. You will be contacted by our team and we will make sure to find the best delivery method according to your location. We will require payment for packing and forward you the shipment details. Our team will be in touch with you and update you about the process of packing, shipping and tracking. -While posting extremely fragile or very valuable items, we take extra attention and packaging team endeavour to pack all your items the safest as possible. However, although we have a skilled packaging team there is still a chance for fragile items to get damaged and our team cannot hold accountable in such a situation. Please consider collecting your item yourself if you purchase fragile or valuable items. -Please read the following important notes carefully before bidding on postal items Services Used -For UK shipments, we use Royal Mail Special Delivery (items over £50) and Parcelforce 48 to deliver the purchased items. -For International buyers we can send smaller items using Royal Mail ‘International Tracked & Signed For’ but larger items will cost more expensive and the price will change according to the items weight and required shipment country. -Please note if you purchase any sharp items we may not be able to post these due to postal regulations in your location. Please check your country shipping requirements or get in touch before bidding for advice on this. -If you wish to use different services than the ones we offer, we can offer to pack your items for you whilst you arrange the collection. Our team will do their best to ensure you experience the best services as possible, please email
[email protected] for further information.
7. Remedies for non-payment -If the Buyer fails to make full payment in cleared funds within the time required, Mayfair Auction House as agent for the Vendor shall at its absolute discretion and without prejudice to any other rights it may have, be entitled to exercise all or any of the following rights: • to proceed against the Buyer for an action for debt or damages for breach of agreement; • to cancel the sale of that Lot and/or any additional Lots that MAH sold to the non-compliant Buyer; • to resell the Lot by private sale or auction. The defaulting Buyer will be responsible for the difference if a lower Hammer Price is realized on the resale than it was on the initial sale. MAH will account to the Vendor for any surplus noticed from a resale, but it won't be obliged to do so for any resulting shortfall until it gets full payment of that amount from the non-paying Buyer. • to remove, store and insure the Lot at the expense of the defaulting Buyer and, in the case of storage, either at MAH' premises or elsewhere; • to charge interest at a rate not exceeding 1.5% per month on the total amount due to the extent it remains unpaid for more than 2 working days after the sale; • to retain that or any other Lot sold to the defaulting Buyer until that Buyer pays the total amount due; • to reject bids from the defaulting Buyer at future Auctions or to impose conditions before any such bids shall be accepted; • to use any profits from the sale of any additional Lots that are owed by the defaulting Buyer or that will become due in the future towards the settlement of the total amount owed, and to exercise a lien on any of the Buyer's property that is in MAH's possession for any purpose.
8. Limitation of liability -All visitors to the premises do so at their own risk and are required to pay attention to the layout of the lodging and security measures. -Any indemnity provided for by these terms must cover any and all actions, costs, expenditures, claims, and demands that the party receiving it may sustain. and Mayfair Auction House (MAH) declares itself to be a trustee of the benefit of every such indemnity so far as it is expressed to be for the benefit of its employees and agents. -While MAH makes an effort to ensure that the information on the Website is accurate, MAH does not guarantee the material's accuracy and completeness. -MAH reserves the right to make any and all unannounced changes to the information on the Website, as well as the goods and prices listed there. The information on the Website might be outdated, and MAH makes no commitment to update such material. -The information on the website is given "as is" and, without any conditions, warranties or other terms of any kind. As a result, to the fullest extent allowed by law, MAH provides you with the Website on the basis that MAH excludes all representations, warranties, conditions and other terms which, but for this legal notice, might have effect in relation to the Website. 9. Warranty of Title and Availability -The seller warrants to the auctioneer and you that the property being consigned is actually theirs, or that they have been duly authorised by the owner to consign it for sale, and that they are able to transmit good and marketable title to the property free from any pending claims from third parties.
10. Terms of Sale -The seller understands that lots are sold subject to all of the provisions of these Conditions and the Terms of Consignment, which were communicated to the consignor at the time the lot was entered. -Despite our best efforts to correctly describe the lots, we must rely on the seller's information, so we are frequently unable to conduct a thorough inspection of the lots to determine their conditions. Before making a purchase, it is advisable for the buyer to view and examine the property, and they (or any independent experts acting on their behalf) must ascertain the accuracy of any description given of the lot. Additionally, prospective buyers bid with the knowledge that any representations or statements we make about an item's authorship, authenticity, origin, date, age, provenance, condition, or anticipated selling price inevitably involve matters of opinion. We promise that any such opinion will be held honestly and reasonably, and we accept responsibility for opinions that are offered carelessly or dishonestly. All conditions and warranties, whether relating to the description, condition, or quality of the lots, whether express, implied, or statutory, are hereby excluded. Subject to the aforementioned, neither we, the auctioneer, nor our employees or agents, nor the seller, accept liability for the correctness of such opinions. Private treaty sales made under these Conditions are treated as auction sales for the purposes of consumer legislation.
11. Forgeries -Regardless of the preceding condition, any lot which proves to be a deliberate forgery (as defined) may be returned to us by you within 21 days of the auction provided it is in the same condition as when bought, and is accompanied by particulars identifying it from the relevant catalogue description and a written statement of defects. If the proof convinces us that the lot is a deliberate forgery, we will refund your purchase price, including any buyer's premium, given that: • If the catalogue description represented the generally held opinion among academics and specialists as of the sale date, • If you are unable to transfer an acceptable and marketable title to us, you will have no rights under this circumstance.
12. General -We reserve the right to refuse admission to our property or attendance to one of our auctions, at our choice. a) The seller and/or the auctioneer, as appropriate, shall have the right to compensation for losses, liabilities, and expenses incurred in connection with and as a result of any breach of these Conditions and any exclusions given by them. b) These rights and exclusions are to be extended to and deemed to be for the advantage of the seller's and/or the auctioneer's employees and agents, who may exercise these rights and exclusions directly. -Any indulgence we grant to bidders, buyers, or sellers in defiance of the strict provisions of these Conditions or of the Terms of Consignment will only affect the situation at the relevant time and with respect to that specific concession; in all other respects, these Conditions will be deemed to be in full force and effect. -These Conditions shall be interpreted in accordance with English legislation. -The buyer or any other party must obtain prior written permission before using any pictures, illustrations, or descriptions created by or for Mayfair Auction House that are related to a lot or sale, including the information in a catalogue. Copyright for any of the aforementioned will remain the property of Mayfair Auction House, subject to the provisions of the Copyright, Designs and Patents Act 1988. No representations or warranties are made by Mayfair Auction House or the warranties that the buyer of a lot will obtain any copyright or other reproduction rights to it.
