General Terms and Conditions of Sale
1. Introduction
1.1 These Terms and Conditions (hereinafter referred to as "Terms") govern the sale of items at Hutchinson Scott Auctioneers (hereinafter referred to as "Auction House"), whether by auction, private sale, or other means. By participating in any sale, you agree to be bound by these Terms.
1.2 These Terms apply to all buyers, sellers, and third parties involved in any transaction conducted by the Auction House.
2. Definitions
2.1 "Buyer" refers to the person, firm, or company placing the highest bid accepted by the Auctioneer at the auction or purchasing any item through a private sale.
2.2 "Seller" refers to the person, firm, or company offering items for sale through the Auction House.
2.3 "Lot" refers to any item or group of items offered for sale.
2.4 "Hammer Price" refers to the highest bid accepted by the Auctioneer.
2.5 "Reserve Price" refers to the minimum price a Seller is willing to accept for a Lot.
3. Auctioneer's Discretion
3.1 The Auctioneer has the sole discretion to accept or reject any bid.
3.2 The Auctioneer reserves the right to withdraw, consolidate, or divide any Lot at any time before the sale.
3.3 The Auctioneer may cancel the sale or reoffer a Lot in the event of a dispute.
4. Bidding
4.1 All bidders must register prior to the auction and provide valid identification and payment details.
4.2 The Auctioneer may refuse to accept any bid from any person at their sole discretion.
4.3 The highest bidder acknowledged by the Auctioneer at the fall of the hammer shall be the Buyer.
4.4 Bids may be placed in person, by telephone, in writing, or through online bidding platforms approved by the Auction House.
5. Reserve Price
5.1 The majority of Lots are offered subject to a Reserve Price, which is confidential between the Auction House and the Seller.
5.2 The Auction House reserves the right to bid on behalf of the Seller up to the Reserve Price.
6. Payment
6.1 The Buyer must pay the full Hammer Price plus any applicable Buyer’s Premium and VAT within 7 days after the auction.
6.2 Payments must be made in pounds sterling (GBP) by cash, bank transfer, or debit card, unless otherwise agreed in writing.
6.3 If payment is not received within the specified time, the Auction House reserves the right to cancel the sale and resell the Lot.
6.4 Title to the Lot will not pass to the Buyer until full payment has been received and cleared by the Auction House.
7. Collection and Delivery
7.1 The Buyer is responsible for the collection of purchased Lots within 14 days after the auction.
7.2 The Auction House can arrange for delivery or shipping of Lots at the Buyer’s expense, subject to prior arrangement.
7.3 If Lots are not collected within the specified time, the Auction House reserves the right to charge storage fees.
8. Buyer’s Premium
8.1 The Buyer agrees to pay a Buyer’s Premium on the Hammer Price of each Lot purchased, as stipulated by the Auction House at the time of sale.
8.2 VAT will be charged on the Buyer’s Premium as required by law.
9. Condition of Lots
9.1 All Lots are sold "as is" with all faults and imperfections. The Auction House makes no warranty or representation as to the condition, quality, or authenticity of any Lot.
9.2 Buyers are strongly encouraged to inspect Lots prior to bidding.
9.3 Catalogue descriptions, online listings, and condition reports are provided as a guide only and do not constitute a representation or warranty.
10. Warranties and Indemnities
10.1 The Seller warrants to the Auction House and the Buyer that the Seller is the lawful owner of the Lot or has the authority to sell the Lot.
10.2 The Seller agrees to indemnify the Auction House, its employees, and the Buyer against any loss or damage resulting from a breach of this warranty.
11. Liability
11.1 The Auction House shall not be liable for any loss or damage to Lots while in its custody unless such loss or damage is due to the Auction House's negligence.
11.2 The Auction House shall not be liable for any indirect or consequential loss arising from the sale or purchase of any Lot.
11.3 The Auction House’s liability for any claim in relation to the sale of any Lot shall be limited to the Hammer Price of the Lot.
12. Withdrawal of Lots
12.1 The Seller may withdraw a Lot from sale with the Auction House’s consent, subject to payment of any applicable fees.
12.2 The Auction House reserves the right to withdraw any Lot from sale without prior notice.
13. Governing Law
13.1 These Terms shall be governed by and construed in accordance with the laws of England and Wales.
13.2 Any disputes arising from these Terms or any sale conducted by the Auction House shall be subject to the exclusive jurisdiction of the courts of England and Wales.
14. Data Protection
14.1 The Auction House will process personal data in accordance with its Privacy Policy and applicable data protection laws.
14.2 By participating in any sale, you consent to the processing of your personal data for the purposes of conducting the sale and any related activities.
15. Amendments
15.1 The Auction House reserves the right to amend these Terms at any time. Any such amendments will be posted on the Auction House’s website and will take effect immediately.
15.2 It is the responsibility of the Buyer and Seller to review the Terms before participating in any sale.
16. Severability
16.1 If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
17. Entire Agreement
17.1 These Terms constitute the entire agreement between the Auction House, the Buyer, and the Seller concerning the sale of Lots and supersede all prior agreements, understandings, and representations.
18. Notices
18.1 Buyer's premium
On the hammer price of each lot purchased, there will be a Buyer's Premium at the rate of 25% + VAT (30% inclusive of VAT at 20%). However, some items, like books and unframed maps, are zero-rated for VAT; as a result, buyers of lots that only include books or unframed maps will not be required to pay VAT on the Buyer's Premium. All goods are sold under the Auctioneers Margin Scheme unless otherwise specified. The VAT inclusive premium value include VAT, which is not displayed separately and is not eligible for input tax reimbursement.
18.2 Bidding
For security, new bidders may be required to submit valid debit or credit card information along with verification of identity and address. We offer live bidding through numerous online bidding platforms, which carry an extra premium these include The-saleroom.com at 5% plus VAT (6% inclusive of VAT at 20%), Invaluable at 5% + VAT (6% inclusive of VAT at 20%), Liveauctioneers at 5% plus VAT (6% inclusive of VAT at 20%), Easyliveauction at 3% + VAT (3.6% inclusive of VAT at 20%) or a £3 flat fee (see their website for more details) and HS Live (Hutchinsonscott.co.uk) at 3% + VAT (3.6% inclusive of VAT at 20%) All goods are sold under the Auctioneers Margin Scheme unless otherwise specified. VAT is included in the VAT included premium (which includes the online bidding platforms mentioned above) and is not reclaimable as input tax.
18.3 Condition
While some lot descriptions include indicators of condition, the absence of such information does not suggest that a lot is free of flaws, restored, or altered. Prospective bidders must satisfy themselves with the condition of a lot before bidding. Our staff can provide condition reports to those who are unable to visit our saleroom. Any condition report that is given is strictly the opinion of the Auction House and is not to be interpreted as a statement or fact of the lots complete condition.
18.4 Measurements
All measurements and weights provided in lot descriptions should be considered approximate.
18.5 Catalogue Amendments
Prior to the sale, it is crucial for potential bidders to review the most recent edition of the catalogue in order to be informed of any changes that might impact the lots they plan to bid on.
18.6 Payment
The only payment methods accepted are cash, card and bank transfer, all in Great British Pounds Sterling. Buyers are responsible for covering all costs associated with the chosen method of payment (bank charges).
18.6.1 Payment by card. We accept debit cards bearing the ’VISA’ and ’MasterCard’ symbols.
18.6.2 Card-not-present transactions. Over the phone, we accept payments with debit cards up to a limit of £2,500. We do not accept multiple card-not-present payments for invoices totalling more than £2,500. We only accept card-not-present transactions from buyers whose cards are registered to UK addresses that receive a complete Address Verification System (AVS) match, in accordance with our Anti-Money Laundering Compliance standards.
18.6.3 Our bank details for transfers. Bank: Barclays, Branch Address: 25 James St, Harrogate HG1 1QX. Branch Sort Code: 20-37-13. Account Number: 23677907. Account Name: Hutchinson Scott Ltd. BIC: BUKBGB22. IBAN: GB31 BUKB 2037 1323 6779 07. Please ensure you pay all bank charges, so that the correct amount reaches our account.
18.7. Collection
It is the buyer’s responsibility to collect all purchases or arrange for their collection within 14 days after the end of the auction.
18.7.1 Carriage.We provide an in-house carriage service for any purchased lots. Please see our shipping page for more information.
18.7.2 Postage & packing. We are able to provide a packing service for a pre-arranged fee. Please contact us for further information before you intend on bidding on a lot.
No lots will be released to a third-party carrier without all cleared funds being received by the Auction House.
These Terms are intended to provide clarity and fairness to all parties involved in the buying and selling process at the Auction House. If you have any questions or require further information, please contact Hutchinson Scott Auctioneers directly.
