The sale of goods at our auctions are governed by the Terms of Consignment and the Terms of Sale, in conjunction with any notices displayed within the saleroom, or announced by us at the auction.
Terms of Consignment
This agreement sets out the terms and conditions Heart of Gloucester Auctions Ltd agrees to accept and sell goods on behalf of the vendor.
1. Heart of Gloucester Auctions Ltd
At all times Heart of Gloucester Auctions Ltd will act as agent for the vendor and will not have any responsibility for default by you or the Buyer. If you breach these Terms of Consignment, you may be responsible for damages/losses suffered by the Buyer or us.
2. Vendor Information
To consign Goods to us for sale at auction, we will require the following before Goods will be considered for sale: -
2.1 Your name, address and contact details, accompanied by photo proof of identity.
2.2 Your undertaking that you have the right to sell the Goods free of any liens, third-party rights, or claims.
2.3 If you are not the legal owner of Goods to be offered for sale by us, we require the name, address and contact details of the legal owner of such Goods, along with their written confirmation that you are authorised to sell the Goods and receive any sale proceeds on their behalf.
2.4 Your bank account details.
2.5 Confirmation of whether you are selling the Goods as a Trader or private individual, along with your VAT registration number (if applicable).
2.6 Information about the Goods (detailed in clause 3 below).
In the case of any breach of clauses 2.2 and/or 2.3 you will indemnify the Auctioneers, their servants and Agents and the Buyer against any loss or damage suffered by either as a result.
3. Information about the Goods
3.1 You will provide us with all information held regarding provenance, condition, authenticity and import/export history of the Goods.
3.2 You warrant that all information provided regarding the Goods is accurate and any duties/taxes in the case of imported/exported Goods have been paid.
3.3 You warrant that any duties/taxes due on the sale of Goods will be paid by you.
3.4 You acknowledge that the Buyer may have a statutory right to reject the Goods if any information provided is subsequently found to be incorrect/inaccurate.
3.5 Should the sold Goods be found to be a deliberate forgery, you must, within seven days of our written request, reimburse to us any proceeds we have transferred to you for those Goods.
3.6 You shall duly indemnify Heart of Gloucester Auctions Ltd against any claims in connection with any Goods sold on your behalf.
4. Presenting Goods for Sale
4.1 You must provide Goods for sale to us by the stated/agreed deadline, at your expense.
4.2 We may assist with arranging transportation of Goods to (and from, in the case of any unsold Lot) the saleroom. In these circumstances any cost to you will be subject to negotiation between you and us, beforehand. You authorise us to deduct any agreed costs from the sale proceeds. In the case of returning unsold Goods to you any agreed cost must be paid by you prior to their return.
4.3 We will not under any circumstance be held responsible, or liable for any costs, in case of damage to, or loss of, Goods whilst in transit to, or from, the saleroom. We will also not be liable for any damage to premises, whilst Goods are being removed or returned.
4.4 If there is an insurance policy in place, in respect of Goods offered for sale, you should inform us of this and take steps to ensure that we have benefit of that insurance.
4.5 All Goods delivered to us will be deemed to be delivered for sale by Auction unless otherwise stated in writing and will be catalogued and sold at our discretion.
4.6 By delivering Goods to us you accept and agree to be bound by all conditions set out in our Terms of Consignment.
5. Electrical Goods
5.1 We will only accept electrical items for sale that have been tested and certified safe by a qualified electrician unless they are antique.
5.2 We can arrange for Goods to be (PAT) tested prior to cataloguing for sale. This will incur a fee of £2.50 plus VAT per item. The fee is payable whether Goods are saleable, or not.
5.3 If we cannot accept an electrical item for sale this must be removed within seven days of us notifying you and at your expense. We reserve the right to dispose of any such item not removed after seven days, at your expense.
6. Upholstered Furniture
6.1 Upholstered furniture such as beds, sofas, cushions, mattresses etc. manufactured prior to 1st January 1950 will be accepted for sale by us.
6.2 Upholstered furniture manufactured from 1st January 1950 will only be accepted for sale by us if it carries the appropriate manufacturer’s label complying with current regulations.
6.3 In the absence of any label, confirmation of compliance with current regulations from the manufacturer may be sought. If we obtain evidence of compliance we will accept for sale.
6.4 If we cannot accept an item of upholstered furniture for sale this must be removed within seven days of us notifying you and at your expense. We reserve the right to dispose of any such item not removed after seven days, at your expense.
7. Endangered Species
7.1 Heart of Gloucester Auctions Ltd is proud to be a responsible and conscientious auction house and we take very seriously our responsibilities regarding the potential sale of Goods that contain elements of endangered species.
7.2 The rules around what can or cannot be traded may be complex and subject to amendment. As such, we will carefully examine any Goods that have the potential to break the law if sold at auction, before agreeing to consign. Examples of Goods that need careful consideration are those made from ivory, rosewood, animal skins etc.
7.3 If any Goods require certification to be sold this must be obtained, at the Vendor’s expense, before consignment.
7.4 If, in our opinion, we are presented with any Goods that may not be legal to trade we will explain why we are unable to consign such Goods and these must be removed within seven days of us notifying you and at your expense.
8. Firearms
8.1 Heart of Gloucester Auctions Ltd is not a Licenced Firearms Dealer. We will not consign any guns, including airguns and replicas, unless they are antique. Please telephone to arrange an appointment if you wish us to consider consigning an antique gun.
8.2 We will not consign any ammunition for any type of gun.
9. Bladed Goods
9.1 We will need to examine knives, swords or any other bladed items before agreeing to consign for sale at our auction.
10. Unsafe/Unsaleable Goods
10.1 If, in our opinion, any of your Goods are unsafe and/or unsaleable, these will not be accepted for sale by us. Any such Goods must be removed within seven days of us notifying you and at your expense. We reserve the right to dispose of any such item not removed after seven days, at your expense.
11. Loss or Damage to Goods
11.1 We are not authorised by the FCA (Financial Conduct Authority) to provide insurance to you. However, subject to the following clauses, we will accept liability for Goods from the time when we receive Goods that we have accepted for sale, until the fall of the hammer.
11.2 We will charge you 1.5% of the Hammer price plus VAT unless you instruct us in writing not to assume liability. Any such notification must be made before we accept Goods for sale and it then follows that Goods remain with us entirely at your own risk until the hammer falls, or are collected by you in the case of any unsold item. We will deduct the charge from any monies owed to you.
11.3 Our liability for Goods is limited to the lower of our pre-sale estimate, or any Reserve, if the item is unsold.
11.4 We will not accept any liability for loss or damage to Goods that is caused by or results from any inherent vice or defect affecting the Goods; acts of God, flood, drought, earthquake or any other natural disaster; acts of terrorism, civil commotion, riots or war; or nuclear, chemical or biological contamination.
11.5 We will not accept liability for accidental breakage, loss or damage unless directly caused by the negligence of our employees.
12. Withdrawn Goods
12.1 At our discretion we may, at any time, withdraw your Goods from our auction if we suspect any breach of our Terms of Consignment.
12.2 If you instruct us to withdraw Goods from sale prior to auction and after marketing, cataloguing or Lotting has taken place we reserve the right to charge you a fee of no greater than 15% plus VAT of any Reserve, or lower estimate for the Lot.
12.3 If Goods are withdrawn for any reason, they must be removed within seven days of us notifying you and at your expense. We reserve the right to dispose of any such item not removed after seven days, at your expense.
13. Lotting
13.1 Once Goods are accepted by us for sale, we will undertake all marketing of such Goods and include in our on-line Catalogue a minimum of one photograph (unless you specifically ask us not to) of the Goods and a suitable description. Our paper Catalogue may only carry a suitable description of the Goods.
13.2 We will charge a Lotting Fee of £2.00 plus VAT.
14. Reserves
14.1 Prior to Auction you will be entitled to place a reserve on any Lot, being the minimum Hammer price at which that Lot may be treated as sold.
14.2 Once a reserve has been placed it may only be changed by agreement between you and us.
14.3 If you give us a discretion the Auctioneer may accept bids and sell for 90% or more of the reserve.
14.4 If you give us a discretion the Auctioneer is entitled to sell by private treaty after the auction, at 90% or more of the reserve price, whilst Goods remain on our premises.
15. The Contract between the Vendor and Buyer
15.1 When the Auctioneer’s Hammer falls, accepting the highest bid for Goods, a contract is formed between you and the Buyer.
15.2 You agree that Goods will be sold to the Buyer in accordance with our Terms of Sale.
15.3 If the Buyer breaches the Terms of Sale you may directly enforce any terms in the Terms of Sale against a Buyer to the extent that you have suffered damages and/or losses due to any such breach.
15.4 In the event of a Buyer failing to make payment for any Goods, we will consult you and assist where possible you taking action against the Buyer. We are not however, compelled to incur any costs or take legal action against the Buyer.
16. Commission
16.1 We will charge you a Commission on the Sale of Goods calculated as a percentage of the Hammer Price. The current rate of Commission is 17.5% plus VAT. We do not impose a minimum Commission charge.
16.2 You authorise us to deduct our Commission, along with any other applicable fees outlined in our Terms of Consignment, You consent to us charging the Buyer as outlined in our Terms of Sale and retaining beneficially the Buyer’s payment and any interest earned on such, until the date of settlement.
17. Sale Proceeds
17.1 We will pay the net proceeds of sale to you within twenty-eight days of the last day of the relevant auction, provided the Buyer has paid for the Goods.
17.2 Payment will be made to you by BACS or cheque, as agreed in your Terms of Consignment.
17.3 If the Buyer has not paid for the Goods, we will not make payment to you. We will consult with you regarding any breach by the Buyer of our Terms of Sale and the Goods will not be released to the Buyer. We will not charge any Commission based on the Hammer price in these circumstances and will discuss with you the way forward regarding Goods held.
17.4 We may deduct any outstanding fees that you owe us from the proceeds.
17.5 In the event of payment being made to you in error, we will request reimbursement.
18. Rescission
18.1 Prior to sale proceeds being remitted to you, if a claim is made by a Buyer to rescind a sale under Condition 13.1 of our Terms of Sale, and we are of the opinion that this is justified, we are authorised to rescind the sale and refund to the Buyer any amount paid to us in respect of the respective Lot(s).
19. Unsold Goods
19.1 If Goods are unsold at auction, you authorise us to negotiate a sale by private treaty, no later than one business day following the last day of the auction.
19.2 If Goods are sold by private treaty these Terms of Consignment will apply and the same charges will be due as if such Goods had been sold at auction.
19.3 If no sale had been made at auction, or by private treaty, we will consult with you whether to re-offer the Goods at a future auction. If Goods are not to be re-offered for sale, they must be removed within seven days of us notifying you and at your expense. We reserve the right to dispose of any such item not removed after seven days, at your expense.
Terms of Sale
This agreement sets out the terms and conditions applicable to Buyers at Heart of Gloucester Auctions Ltd.
1. Heart of Gloucester Auctions Ltd
1.1 Heart of Gloucester Auctions Ltd will act as agent for the vendor of Goods for sale at our auctions. The identity of the vendor is not normally disclosed.
1.2 Whilst you are on our premises, you are so at your own risk. We cannot be held responsible for the safety of you and your property when you visit us, unless you suffer injury or damage to property as a direct result of our negligence.
2. Buyer Registration
2.1 Before being able to bid at our auction you are required to register with us before the auction begins.
2.2 We will require your name, address and contact details, accompanied by photo proof of identity. If you are bidding on-line these details together with debit/credit card details will need to be provided on-line. You will then be allocated a bidding number.
2.3 If you intend nominating a representative to bid on your behalf, we will require his/her name and address, together with your written authority for such.
3. Description of Goods for Sale
3.1 A general description of Goods for sale is included in our Auction Catalogue. This is available prior to auction, both electronically and in paper format. Specific information regarding provenance, history etc. is likely to have been obtained from the Vendor.
3.2 Our Auction Catalogue will also carry an estimate of the sort of price a Lot may sell for and is designed to give the Buyer an indicator whether to Bid. The estimate will not include any Buyer’s Premium or VAT (where chargeable).
3.3 All Catalogue or Oral descriptions of Goods are statements of opinion and should not be taken as, or as implying, statements or representations off fact.
3.4 Where VAT is payable by the Buyer on the Hammer Price this is indicated in the Catalogue.
3.5 Where Droite de Suite Royalty (Artist Resale Rights) may apply this is indicated in the Catalogue. However, it is the Buyer’s responsibility to ascertain whether Droite de Suite Royalty may apply and to what extent.
3.6 If you intend buying Goods for export, we strongly advise you to check the legalities of exporting the intended Goods purchased, before bidding.
3.7 Prospective Buyers will have the opportunity to inspect Goods for sale on Viewing Day(s) prior to Auction Day and on Auction Day itself. Buyers will be deemed to have satisfied themselves as to the physical condition of Goods and the accuracy of any description in the Auction Catalogue.
3.8 Prior to Auction Day a Condition Report may be requested. Condition Reports will represent our opinion and will not be a definitive report on the item. We will provide a Condition Report free of charge.
4. Bidding
4.1 As detailed under Condition 3 you must have registered before being eligible to bid.
4.2 You may bid in person at the saleroom and should approach a member of staff for your bidder number if not given to you at registration.
4.3 If you are unable to attend in person, or bid on-line, you may submit a Commission Bid with us, no later than one hour before the commencement of the auction. A Commission Bid will be made by our Auctioneer on your behalf (not including Buyer’s Premium or VAT which will be added to your invoice if your bid is successful). The bid will be made at the lowest price having regard to any reserve and competing bids. If two buyers have identical Commission Bids preference will be given to the earliest bid received. If a Commission Bid is successful you will be e-mailed an invoice for payment after the auction.
4.4 We may be able to facilitate telephone bidding. However, this is subject to sufficient staff availability and must be arranged prior to Auction Day. We do not charge for this service.
4.5 On-line bidding is now one of the most popular ways to bid at auction. On-line bidding is available via our website, or at www.easyliveAuction.com. Bidders are approved at our discretion and you will need to register on-line prior to the start of the auction. There will be a charge of £3.00 or 3% of the hammer price for using this service at www.easyliveauctions.com.
4.6 Our Terms of Sale apply to any chosen bidding method.
4.7 Bidding increments shall be at the Auctioneer’s discretion.
4.8 The Auctioneer has discretion to combine or divide Lots, to withdraw Lots, refuse bids or cancel the sale without giving any reason.
4.9 The Auctioneer may bid on the Vendor’s behalf for Goods being offered subject to reserve.
5. Fall of the Hammer
5.1 The Auctioneer will signify acceptance of a bid by the fall of his/her hammer. The winning bidder’s number will be confirmed. Any dispute about a bid will be settled at our discretion.
6. The Contract between the Buyer and Vendor
6.1 When the Auctioneer’s Hammer falls, accepting the highest bid for Goods, a contract is formed between you and the Vendor.
6.2 If the Vendor has breached the Terms of Consignment you may directly enforce any terms in the Terms of Consignment against a Vendor to the extent that you have suffered damages and/or losses due to any such breach.
6.3 If you breach the terms of Sale, you may be responsible for damages and/or losses due to any such breach. If we are contacted by a Vendor who wishes to make a claim against you, we may at our discretion, provide the Vendor with information or assistance in relation to the claim.
6.4 Ownership of a Lot will transfer to you once you have paid in full the total amount due, but each Lot is at the sole risk of the Buyer once the Hammer has fallen.
7. Buyer’s Premium
7.1 We will charge a Buyer’s Premium calculated at 20% of the Hammer Price plus VAT.
8. Payment
8.1 The full purchase price will include the Hammer Price, Buyer’s Premium, any Droite de Suite Royalty and any VAT due. You also authorise us to take payment for any charges resulting from late payment/collection.
8.2 Payment in full must be made by close of business two working days following the auction.
8.3 We accept payment in cash (currently to a maximum of £8,000), bank transfer, debit card or credit card (to a maximum of £500). We do not accept cheque payment.
8.4 With regard to payment via on-line bidding with www.easyliveauction.com, if payment is not received within 24 hours of the auction, we reserve the right to take payment from the card registered with www.easyliveAuction.com. We also reserve the right to request payment by Bank transfer.
8.5 Overseas bidders are required to pay by bank transfer and to cover all associated bank charges.
9. Collection
9.1 Goods will be available for collection once payment has been made. There may be a short delay if collecting immediately after purchase on auction day.
9.2 All Goods must be collected within seven days following the day of auction. Unless by prior agreement, any late collection may incur removal, storage and insurance charges.
9.3 If you wish for a third-party to collect Goods on your behalf, we will require your written authority, including full details of who will be collecting the Goods. This is especially relevant if you are nominating a courier to collect for you. We will also ask the person who is collecting for identification when he/she presents to us.
9.4 Antique Guns and/or bladed items will not be available for collection by persons under eighteen years of age.
9.5 We will not be responsible for any loss or damage to Goods that may occur once physical possession of a Lot has taken place.
9.6 If a paid Lot has not been collected within twenty-eight days of the auction, we may sell the Lot. Any proceeds from the sale will be paid to you, but we will deduct any fees incurred in the storage/sale of the Goods.
10. Packing & Delivery
10.1 Smaller items can be packaged by us and sent for delivery worldwide, via Royal Mail. If you would like to consider this service, please ask for a quote. Although we take utmost car when packaging, we cannot be held responsible/liable for any loss or damage that may occur whilst in transit. We would suggest that you check with the carrier what is insured whilst in their care before accepting our quote.
10.2 We may be able to arrange delivery of larger or heavier items that cannot be sent via a parcel service. We are likely to use our own staff to deliver within a thirty-mile radius of our premises. If you require delivery beyond thirty miles, we may be able to recommend a courier on your behalf. If you would like to consider this service, please ask for a quote. We cannot be held responsible/liable for any loss or damage that may occur whilst in transit. We would suggest you check with any third-party courier and your own insurance policy to check what is insured whilst in the transporter’s care before accepting our quote.
10.3 You may appoint your own courier, or another person, to deliver on your behalf. As per condition 9.3, we will require your written authority, including full details of who will be collecting the Goods. Please make them aware that we will also need to see his/her identification before being able to release your Goods.
11. Non-Payment
11.1 You If your bid is successful, then these Terms of Sale will apply. If you do not comply with our Terms of Sale, we may take action against you for breach of contract. We may reverse the sale of the Lot(s) to you and resell these by auction, or private treaty. If we sell at less than your winning bid for the Lot(s) we will charge you for the difference, plus any applicable charges. If we sell at more than your winning bid, the excess will belong to the Vendor.
11.2 If payment in full is not made by close of business two working days following the auction, we may charge interest at a rate not exceeding 1.5% per month on the total amount outstanding.
11.3 We may reject or ignore any bids from you at future auctions.
12. Non-Collection
12.1 If Goods remain uncollected after seven days following an auction and without prior agreement, we may remove the Goods and store them. We will charge you an administration fee of £10 plus VAT, plus £3 plus VAT per uncollected Lot, per day until collection is made.
12.2 If Goods have still not been collected within twenty-eight days of an auction, we may sell them. Any proceeds from the sale will be paid to you, but we will deduct any fees incurred in the storage/sale of the Goods.
12.3 We may reject or ignore any bids from you at future auctions.
13. Rescission/Deliberate Forgery
13.1 If within fourteen days of the auction we receive a written notice that you believe a Lot to be a deliberate forgery, we will ask you to return the item to us within a further seven days and in the same condition as when the Hammer fell. We will also ask for evidence that has led you to believe the Goods are a deliberate forgery. If we are satisfied, in conjunction with our catalogue entry, that a Lot is a deliberate forgery we will rescind the sale of the Lot and refund the full purchase price. Your claim shall be limited to the amount paid for the Lot and shall not be extended to any loss or damage suffered or expense incurred.
13.2 The benefit of the condition at 13.1 rests solely and exclusively with the original Buyer and shall not be assignable to other person(s).
