IMPORTANT INFORMATION FOR BUYERS

Definition “Auctioneers” Thomas Del Mar Ltd, Matthew Barton Ltd and 25 Blythe Road Ltd trading as Olympia Auctions. For other auctioneer’s at 25 Blythe Road, such as Charles Miller Ltd, please see their website for their Conditions of Business.

All lots are offered subject to the Conditions of Business reproduced on the website www.OlympiaAuctions.com, and printed at the end of the auction catalogue.

A Buyer’s Premium of 25% is applicable to all lots. The Buyer’s Premium is subject to VAT at the standard rate (currently 20%). Unless otherwise indicated lots are offered for sale under the auctioneer’s margin scheme and VAT on the Buyer’s Premium is payable by all Buyers.

Unless otherwise stated all lots are subject to a reserve set at the low estimate or below. Estimates are published as a guide only and are subject to review.  The actual Hammer Price of a lot may well be higher or lower than the range of figures given and there are no fixed “starting prices”.

The Auctioneers will be pleased to execute bids on behalf of those clients unable to attend the sale in person, subject to our Conditions of Business.  All bids must be submitted in writing in good time and lots will always be purchased as cheaply as possible (depending on any other bids received, reserves and competition).  This service is offered free of charge.

Olympia Auctions are pleased to offer free online bidding directly through their website at www.OlympiaAuctions.com. Online bidding platforms with an additional surcharge are available for this auction, please see the relevant platforms for further details.

Timed Online Only Auctions: We are pleased to offer our online bidding facility free of charge, www.bid.olympiaauctions.com. The facility to leave commission bids, carryout telephone bidding or bid in the saleroom is not available for timed auctions.

The Auctioneers may supply quotations for shipping of purchases, including transit insurance and VAT refund administration fees, and where possible will endeavour to assist in the application for any export licenses which may be required. Buyers are reminded that it is their responsibility to comply with UK export regulations and with any local import requirements. Olympia Auctions are not responsible for delays in delivery which might be caused by shippers or local customs.

Symbols

VAT

‘‡’  ‘†’ Lots marked with the symbol ‘‡’ have been imported from outside the European Union (EU), to be sold at auction under Temporary Import Rules.  When released to the Buyer within the EU, including the UK, the Buyer will become the importer and must pay VAT at the rate of 5% on the Hammer Price and 20% on the Buyer’s Premium.  Lots marked with the symbol ‘†’ are subject to normal VAT rules and the standard VAT will be charged on both the Hammer Price and Buyer’s Premium. Buyers outside the EU will normally be eligible to obtain a refund in respect of VAT, upon satisfactory documentary evidence of exportation.  Further information on this matter is available on request

‘Ω’ For items under 100 years old: Import VAT of 20% payable on whole Hammer Price, less premium (a further 20% is payable on the premium.)

Lots, such as books, are zero-rated for VAT in the United Kingdom. The Auctioneers will not charge VAT on either the Hammer Price or Buyer’s Premium of these lots.

Ivory and Restricted Materials (CITES)

‘~’ Lots marked with the symbol ~ have been identified at the time of cataloguing as containing organic material which may be subject to restrictions regarding import or export. As the Auctioneers of these articles, the Auctioneers undertake to comply fully with CITES and DEFRA regulation. Buyers are advised to inform themselves of all such regulations and should expect the exportation of items to take some time to arrange. The information is made available for the convenience of the Bidder and the absence of the symbol is not a warranty that there are no restrictions regarding import or export of the Lot. The Auctioneers accept no liability for any lots which may be subject to CITES but have not been identified as such.

‘□’ For items with No Reserve

Premium Lots

‘ø’ Lots marked with the symbol ‘ø’ are “Premium Lots” and prospective bidders must complete the required Premium Lot preregistration application and deliver to the Auctioneers such necessary financial references, guarantees, deposits and/or such other security as the Auctioneers may in their absolute discretion require, as security for the bid. The Auctioneers' decision whether to accept any pre-registration application shall be final. We recommend you contact the Auctioneers at least 3 working days prior to the relevant sale in order to process the pre-registration, and please bear in mind that we are unable to obtain financial references over weekends or public holidays. Online bidding services are not available for premium lots.

Artist Resale Right

The Artist’s Resale Right (ARR) entitles creators (‘authors’) of original works of art (including paintings, engravings, sculpture and ceramics) to a royalty each time one of their works is resold through an auction house or art market professional.

The right to this royalty lasts for the same period as copyright, so since January 2012 ARR has applied to qualifying works by artists who have been dead for fewer than 70 years.

ARR derives from a European Directive and came into force in the UK in 2006. The right only applies when the sale price reaches or exceeds the sterling equivalent of €1,000 and is calculated on a sliding scale.

'•' For lots marked with the symbol '•' that are sold for a Hammer Price of  €1,000 or greater (converted into GBP using the European Central Bank Reference rate prevailing on the Auction End date) an additional premium will be payable by the Buyer to cover the payment of royalties under the Artist Resale Right Regulations 2006. The additional premium will be a percentage of the amount of the Hammer Price calculated in accordance with the table below, and shall not exceed the equivalent of €12,500.

Royalty

Resale price

• up to €50,000 - 4%
• between €50,000.01 and €200,000 - 3%
• between €200,000.01 and €350,000 - 1%
• between €350,000.01 and €500,000 - 0.5%
• in excess of €500,000 - 0.25%

This scale is also cumulative in much the same way as income tax is calculated. For example, the royalty payable for an artwork sold for €200,000 would amount to €6,500. This is calculated as follows:

1st tier €0 to €50,000 will attract a royalty of 4% ie €2,000

2nd tier €50,001 to €200,000 will attract a royalty of 3%, i.e. €4,500

Royalties are also capped so that the total amount of the royalty paid for any single sale of a work cannot exceed €12,500.

ARR is exempt of VAT.

Cataloguing Practice

PLEASE NOTE THAT ALL MEASUREMENTS ARE APPROXIMATE AND THAT ILLUSTRATIONS ARE NOT TO SCALE

Condition is not normally recorded and all lots are sold as viewed. Condition reports can be requested prior to sale. Whilst the Auctioneers are pleased to provide a general report of condition, the Auctioneers are not professional conservators or restorers and any statements made are merely subjective, qualified opinion. Prospective Buyers should satisfy themselves in person wherever possible as to the condition of a lot, or ask an agent to inspect it for them.

Ceramics

Obvious faults may be recorded in italics at the end of a description for ceramics.

Clocks and Watches

All Lots are sold ‘as is’, and the absence of any reference to the condition of a clock or watch does not imply that the Lot is in good condition and without defects, repairs or restorations. Most clocks and watches have been repaired in the course of their normal lifetime and may now incorporate parts not original to them. Furthermore, the Auctioneers make no representation or warranty that any clock or watch is in working order. As clocks and watches often contain fine and complex mechanisms, the Bidder should be aware that a general service, change of battery or further repair work, for which the Buyer is solely responsible, may be necessary. The Bidder should be aware that the importation of watches such as Rolex, Frank Muller and Corum into the United States is highly restricted. These watches may not be shipped to the USA and can only be imported personally.

Display Accessories

Please note that armour stands and many of the display mounts used in the catalogue(s) and the sale exhibition(s) may be made available to the successful Buyer of the relevant lot(s).  Please contact us for prices and further details.

Firearms

Please note that all bore sizes are approximate.

Jewellery

It is common practice for many gemstones to be treated by a variety of methods to enhance their appearance and the international jewellery trade has generally accepted these methods. Although heat enhancement of colour is usually permanent, in some cases this could affect the durability of a gemstone.  Oiled gemstones may need re-oiling after a certain period. If no gemmological report is published in the catalogue, prospective Buyers should be aware that the gemstones or pearls could have been enhanced by some method.

Photographs (in addition to explanations of categorising terms in relation to works Attributed to….. artists as stated in our Cataloguing Practice).

‘The date given is that of the image (negative). Where no further date is given, this indicates that the photographic print is vintage (the term ‘vintage’ may also be included in the Lot description). A vintage photograph is one which was made within approximately 5-10 years of the negative. Where a second, later date appears, this refers to the date of printing. Where the exact printing date is not known, but understood to be printed later, ‘printed later’ will appear in the Lot description.

Unless otherwise specified, dimensions given are those of the piece of paper on which the image is printed, including any margins. Some photographs may appear in the Catalogue without margins illustrated.

All photographs are sold unframed unless stated in the Lot description.

Pictures

A work catalogued with the name(s) or recognised designation of an artist, without any qualification, is, in our opinion, a work by the artist. In other cases, the following expressions with the following meanings are used:

“Attributed to……” In our opinion probably a work by the artist in whole or in part.

“Studio of….” “Workshop of….” In our opinion a work executed in the studio or workshop of the artist, possibly under his supervision.

“Circle of….”  In our opinion a work of the period of the artist and showing his influence.

“Follower of…” In our opinion a work executed in the artist’s style but not necessarily by a pupil.

“Manner of….” In our opinion a work executed in the artist’s style but of a later date.

“After….” In our opinion a copy (of any date) of a work of the artist.

“Signed….”, “Dated….”, “Inscribed….” In our opinion the work has been signed/dated/inscribed by the artist. The addition of a question mark (?) adds an element of doubt.

“Bears signature…”, “Bears date….”, “Bears inscription….” In our opinion the signature/date/inscription/stamp is by a hand other than that of the artist.

Silver, Gold and Precious Metals

Weights may only be accurate to within 5 grams. Weights shown as ‘(*oz)’ are in Troy Ounces and usually rounded down to the full ounce.

Payment

Payment is due in sterling at the conclusion of the sale and before purchases can be released. Please note that we require seven days to clear sterling cheques unless special arrangements have been made in advance of the sale. The Auctioneers are pleased to accept UK debit cards. Cash and UK registered debit card payments above £6,000 and "card holder not present" payments above £2,000 cannot be accepted.

Electronic transfers may be sent directly to the relevant bank account:

Thomas Del Mar Ltd

HSBC Bank Plc
38 High Street
Dartford
Kent
DA1 1DG
United Kingdom
IBAN Number: GB18HBUK40190481632140

BIC: HBUKGB4B

Sort Code: 40-19-04

Account Number: 81632140

Account Name: Thomas Del Mar Ltd

VAT Registration Number: 867924960

 

Matthew Barton Ltd

HSBC Bank Plc
38 High Street
Dartford
Kent
DA1 1DG
United Kingdom

IBAN Number: GB90HBUK40190491814001

BIC: HBUKGB4B

Sort Code: 40-19-04

Account No: 91814001

Account Name: Matthew Barton Ltd

VAT Registration Number: 972118224

 

25 Blythe Road Ltd (trading as Olympia Auctions)

HSBC Bank

38 High Street

Dartford

Kent

DA1 1DG

United Kingdom

IBAN Number: GB22HBUK40190402182084

BIC: HBUKGB4B

Sort Code: 40-19-04

Account Number: 02182084

Account Name: Olympia Auctions

VAT Registration Number: 144181627

 

Collection and Storage

On receipt of cleared funds, lots can be collected from the premises at 25 Blythe Road, London, W14 0PD. The Buyer or Buyer’s agent must bring photographic ID for collection. We require written confirmation from the Buyer if collection is made by a third party. Please note that collection may be made during working hours only, usually Monday to Friday 9.30 to 17.00.  All lots should be cleared within 10 working days of the auction date, after which they will be transferred to a third party for storage.  A transfer fee of £25 per lot plus all incurred transfer and storage costs due to the third party will be payable prior to release.

Conditions of Business for Buyers

1. Introduction

(a)  The contractual relationship of the Auctioneers and Sellers with prospective Buyers is governed by:-

(i)  these Conditions of Business for Buyers;

(ii)  the Conditions of Business for Sellers displayed in the saleroom and available from the Auctioneers;

(iii)  The Auctioneers Authenticity Guarantee;

(iv)  any additional notices and terms printed in the sale catalogue, in each case as amended by any Saleroom Notice or Auctioneers Announcement.

(b)  As Auctioneers, the Ltd Company hosting the auction acts as agent for the Seller. Occasionally, the Auctioneers may own or have a financial interest in a lot.

2. Definitions

“Bidder”  is any person making, attempting or considering making a bid, including Buyers;

“Buyer”  is the person who makes the highest bid or offer accepted by the auctioneer, including a Buyer’s principal when bidding as agent;

“Seller”  is the person offering a lot for sale, including their agent, or executors;

“Auctioneers” Thomas Del Mar Ltd, Matthew Barton Ltd and 25 Blythe Road Ltd trading as Olympia Auctions. For other auctioneer’s at 25 Blythe Road, such as Charles Miller Ltd, please see their website for their Conditions of Business

“Buyer’s Expenses” are any costs or expenses due to the Auctioneers from the Buyer;

“Buyer’s Premium” is the commission payable by the Buyer on the Hammer Price at the rates set out in the Guide for Prospective Buyers;

“Hammer Price” is the highest bid for the Property accepted by the Auctioneers at the auction or the post auction sale price;

“Purchase Price” is the Hammer Price plus applicable Buyer’s Premium and Buyer’s Expenses;

“Reserve Price” (where applicable) is the minimum Hammer Price at which the Seller has agreed to sell a lot.

 

The Buyer’s Premium, Buyer’s Expenses and Hammer Price are subject to VAT, where applicable.

3. Examination of Lots

(a)  The Auctioneers knowledge of lots is partly dependent on information provided by the Seller and the Auctioneers are unable to exercise exhaustive due diligence on each lot.  Each lot is available for examination before sale.  Bidders are responsible for carrying out examinations and research before sale to satisfy themselves over the condition of lots and accuracy of descriptions. 

(b)  All oral and/or written information provided to Bidders relating to lots, including descriptions in the catalogue, condition reports or elsewhere are statements of the Auctioneers opinion and not representations of fact.  Estimates may not be relied on as a prediction of the selling price or value of the lot and may be revised from time to time at the Auctioneers absolute discretion.

4. Exclusions and limitations of liability to Buyers

(a)  The Auctioneers shall refund the Purchase Price to the Buyer in circumstances where it deems that the lot is a Counterfeit, subject to the terms of the Auctioneers Authenticity Guarantee.

(b)  Subject to Condition  4(a), neither the Auctioneers nor the Seller:-

(i)  is liable for any errors or omissions in any oral or written information provided to Bidders by the Auctioneers, whether negligent or otherwise;

(ii)  gives any guarantee or warranty to Bidders and any implied warranties and conditions are excluded (save in so far as such obligations cannot be excluded by English law), other than the express warranties given by the Seller to the Buyer (for which the Seller is solely responsible) under the Conditions of Business for Sellers;

(iii)  accepts responsibility to Bidders for acts or omissions (whether negligent or otherwise) by the Auctioneers in connection with the conduct of auctions or for any matter relating to the sale of any lot.

(c)  Without prejudice to Condition 4(b), any claim against the Auctioneers and/or the Seller by a Bidder is limited to the Purchase Price for the relevant lot.  Neither the Auctioneers nor the Seller shall be liable for any indirect or consequential losses.

(d)  Nothing in Condition 4 shall exclude or limit the liability of the Auctioneers or the Seller for death or personal injury caused by the negligent acts or omissions of the Auctioneers or the Seller.

5. Bidding at Auction

(a)  The Auctioneers has absolute discretion to refuse admission to the auction.  Before sale, Bidders must complete a Registration Form and supply such information and references as the Auctioneers requires.  Bidders are personally liable for their bid and are jointly and severally liable with their principal, if bidding as agent (in which case the Auctioneers prior and express consent must be obtained).

(b)  The Auctioneers advises Bidders to attend the auction, but the Auctioneers will endeavour to execute absentee written bids provided that they are, in the Auctioneers opinion, received in sufficient time and in legible form.

(c)  When available, written and telephone bidding is offered as a free service at the Bidder’s risk and subject to the Auctioneers other commitments; the Auctioneers is therefore not liable for failure to execute such bids.  Telephone bidding may be recorded.

(d) The Auctioneers hold timed online only auctions, our online bidding facility is free of charge at www.bid.olympiaauctions.com. Commission bidding, telephone bidding and bidding in the saleroom is not available for timed online only auctions. The following terms are applicable only to sales conducted online only and are to be used in addition to the conditions of sale.

Right to Cancel

 (i) If you are a consumer resident in the European Union you have the right to cancel the contract for the purchase of a lot within 14 calendar days without giving any reason.

(ii) The cancellation period will expire after 14 calendar days from the day on which you acquire (or a party nominated by you and is not the shipper) physical possession of the lot.

(iii) To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear written statement (e.g. a letter sent by post, fax or email), or you may use the cancellation form which can be found on our website or by contacting a member of staff. The communication must be received within 14 calendar days from the day on which you acquire the lot.

(iv) If you cancel the contract, we will reimburse all payments received from you, the cost of the initial delivery or collection is not returnable. In addition the cost of returning the item if you choose to cancel the contract is payable by you.

(v) We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of damaged caused by unnecessary handling whilst in your possession. We will make the reimbursement without undue delay, and not later than 14 calendar days after the day we receive back from you any goods supplied, or (if earlier) 14 calendar days after the day you provide evidence that you have returned the goods.

(vi) We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is earliest.

Liability

The Auctioneers nor the seller will be responsible to you for errors during or after the online only timed auction or failures to execute bids placed on the internet or on your mobile device, including, without limitation, errors or failures caused by:

(i) any loss of connection to the auction being      conducted online;

(ii) a breakdown or problems with the online bidding software or the website service provider; and/or

(iii) a breakdown or problems with any internet connection, computer, mobile device or system.

Auction Extension

Each lot has an individual auction end time as stated on the website, with lots in an auction generally ending two minutes apart.  Any bid placed within the last 2 minutes of a lot's auction end time will extend the lot's period of bidding by 2 extra minutes to allow time for counter bids.  The lot preceding must sell before the next lot can be sold.

6. Import, Export and Copyright Restrictions

(a) The Auctioneers and the Seller make no representations or warranties as to whether any lot is subject to import, export or copyright restrictions.  It is the Buyer’s sole responsibility to obtain any copyright clearance or any necessary import, export or other licence required by law, including licences required under the Convention on the International Trade in Endangered Species (CITES).

(b) Ivory and Restricted Materials (CITES)

 ‘~’ Lots marked with the symbol ~ have been identified at the time of cataloguing as containing organic material which may be subject to restrictions regarding import or export.  As the Auctioneers of these articles, the Auctioneers undertakes to comply fully with CITES and DEFRA regulation. Buyers are advised to inform themselves of all such regulations and should expect the exportation of items to take some time to arrange. The information is made available for the convenience of Bidders and the absence of the symbol is not a warranty that there are no restrictions regarding import or export of the Lot. The Auctioneers accepts no liability for any lots which may be subject to CITES but have not be identified as such.

7. Conduct of the Auction

(a)  The auctioneer has discretion to refuse bids, withdraw or re-offer lots for sale (including after the fall of the hammer) if (s)he believes that there may be an error or dispute, and may also take such other action as (s)he reasonably deems necessary.

(b)  The auctioneer will commence and advance the bidding in such increments as (s)he considers appropriate and is entitled to place bids on the Seller’s behalf up to the Reserve Price for the lot, where applicable.

(c)   Subject to Condition 7(a), the contract between the Buyer and the Seller is concluded on the striking of the auctioneer's hammer.

(d)  Any post-auction sale of lots shall incorporate these Conditions of Business.

8. Payment and Collection

(a)  Unless otherwise agreed in advance, payment of the Purchase Price is due in pounds sterling immediately after the auction (the "Payment Date").

(b)  Title in a lot will not pass to the Buyer until the Auctioneers has received the Purchase Price in cleared funds.  The Auctioneers will generally not release a lot to a Buyer before payment.  Earlier release shall not affect passing of title or the Buyer’s obligation to pay the Purchase Price, as above.

(c)  The refusal of any licence or permit required by law, as outlined in Condition 6, shall not affect the Buyer’s obligation to pay for the lot, as per Condition 8(a).

(d)  The Buyer must arrange collection of lots within 10 working days of the auction.   Purchased lots are at the Buyer’s risk from the earlier of (i) collection or (ii) 10 working days after the auction.   Until risk passes, the Auctioneers will compensate the Buyer for any loss or damage to the lot up to a maximum of the Purchase Price actually paid by the Buyer.  The Auctioneers assumption of risk is subject to the exclusions detailed in Condition 5(d) of the Conditions of Business for Sellers.

(e)  All packing and handling of lots is at the Buyer’s risk.  The Auctioneers will not be liable for any acts or omissions of third party packers or shippers.

9. Remedies for non-payment

Without prejudice to any rights that the Seller may have, if the Buyer without prior agreement fails to make payment for the lot within 5 working days of the auction, the Auctioneers may in its sole discretion exercise 1 or more of the following remedies:-

(a)  store the lot at its premises or elsewhere at the Buyer’s sole risk and expense;

(b)  cancel the sale of the lot;

(c)  set off any amounts owed to the Buyer by the Auctioneers against any amounts owed to the Auctioneers by the Buyer for the lot;

(d)  reject future bids from the Buyer;

(e)  charge interest at 4% per annum above HSBC Bank plc Base Rate from the Payment Date to the date that the Purchase Price is received in cleared funds;

(f)  re-sell the lot by auction or privately, with estimates and reserves at the Auctioneers discretion, in which case the Buyer will be liable for any shortfall between the original Purchase Price and the amount achieved on re-sale, including all costs incurred in such re-sale;

(g)  Exercise a lien over any Buyer’s Property in the Auctioneers possession, applying the sale proceeds to any amounts owed by the Buyer to the Auctioneers.  The Auctioneers shall give the Buyer 14 days' written notice before exercising such lien;

(h)  commence legal proceedings to recover the Purchase Price for the lot, plus interest and legal costs;

(i)  disclose the Buyer’s details to the Seller to enable the Seller to commence legal proceedings

10. Failure to collect purchases

(a)  If the Buyer pays the Purchase Price but does not collect the lot within 10 working days of the auction, the lot will be stored at the Buyer’s expense and risk at the Auctioneers premises or in independent storage

(b)  If a lot is paid for but uncollected within 6 months of the auction, following 60 days written notice to the Buyer, the Auctioneers will re-sell the lot by auction or privately, with estimates and reserves at the Auctioneers discretion.  The sale proceeds, less all the Auctioneers costs, will be forfeited unless funds or the unsold items collected by the Buyer within 2 years of the original auction.

11. Data Protection

Privacy Policy

(a) What is the legal basis on which the Auctioneers relies to process your data?

On some occasions, the Auctioneers processes your data with your consent (e.g., when you agree that the Auctioneers may place cookies, or if you ask, the Auctioneers, to send you information about upcoming events).

On other occasions, the Auctioneers processes your data when the Auctioneers need to do this to fulfil a contract with you (e.g., for billing purposes) or where the Auctioneers are required to do this by law (e.g., where we have to fulfil anti-money laundering requirements). If it is mandatory for you to provide data for these purposes, the Auctioneers will make this clear at the time and will also explain what will happen if you do not provide the data (e.g., that the Auctioneers will not be able to process a bid at auction).

The Auctioneers also processes your data when it is the Auctioneers legitimate interests to do this and when these interests are not overridden by your data protection rights. For example, the Auctioneers has a legitimate interest in ensuring the security and integrity of the auctions, in learning about the interests and preferences of current and prospective clients, in developing new business opportunities, in maintaining accurate business and provenance records, and in ensuring that the Auctioneers websites and apps operate effectively. When the Auctioneers process personal information to meet the Auctioneers legitimate interests, the Auctioneers put in place robust safeguards to ensure that your privacy is protected and to ensure that the Auctioneers legitimate interests are not overridden by your interests or fundamental rights and freedoms.

(i)  The Auctioneers will use information supplied by Bidders or otherwise obtained lawfully by the Auctioneers for the provision of auction related services, client administration, marketing and as otherwise required by law.

(ii)  By agreeing to these Conditions of Business, the Bidder agrees to the processing of their personal information and to the disclosure of such information to third parties world-wide for the purposes outlined in Condition 11(a) (i).

(b) Who gets to see your personal data?

The Auctioneers Thomas Del Mar Ltd, Matthew Barton Ltd, 25 Blythe Road Ltd trading as Olympia Auctions and auctioneer’s at 25 Blythe Road, such as Charles Miller Ltd, will be processed by the Auctioneers that initially receives it, and may also be transferred to and processed by other companies within the group of Auctioneers. The Auctioneers uses EU Commission approved standard contractual clauses to regulate the transfer and processing of data between the Auctioneers.

Outside the Auctioneers

The Auctioneers do not transfer your personal data to organisations who wish to use it for their own marketing promotions or other purposes. The Auctioneers only transfer your personal data to other organisations where it Is necessary to enable the Auctioneers to provide you with the services you have requested (for example: the Auctioneers may transfer your data to the Auctioneers bank, payment card acquirers, shippers, warehouses, insurers, experts who help the Auctioneers authenticate or value property, event venues, caterers, catalogue and direct marketing fulfilment and distribution). Where the Auctioneers do it will be on the basis that these organisations are required to keep the information confidential and secure, and they will only use the information to carry out the instructed services. Some of these organisations may be located outside the EEA. The Auctioneers may also need to retain and disclose certain information about you to appropriate agencies to conduct anti-money laundering and trade sanction checks and to assist with fraud and crime prevention and detection.

When the Auctioneers receive a request for information from a government or law enforcement agency the Auctioneers will disclose information which is the subject matter of that request, if the Auctioneers are satisfied that the government or law enforcement agency has the right to seek disclosure and the correct procedure has been followed. In all other circumstances such information will only be disclosed if the Auctioneers are ordered to do so by a court of law.

(c) How long will the Auctioneers keep your personal data?

The Auctioneers will retain your personal data for as long as is necessary to provide the relevant services, maintain business records to satisfy tax, legal and other regulatory requirements, and protect and defend against potential legal claims.

In the context of our research and records on ownership of art objects to assist with checks on authenticity provenance and title, we will keep this data for as long as the record is relevant to our legitimate business interest and the public interest.

What steps do the Auctioneers take to keep your personal data secure?

The Auctioneers will take all reasonable and appropriate steps to protect the security and integrity of all personal information provided via our website, or by any other means electronic or otherwise.

The Auctioneers use a variety of security technologies and procedures to help protect your personal details from unauthorised physical and electronic access.

As effective as modern security practices are, we cannot guarantee the complete security of personal data held in our systems, nor that information you supply through the internet or any computer related network is entirely safe from unauthorised intrusion, access or manipulation during transmission. Any transmission is at your own risk. We will not be liable for any resulting misuse of your personal data.

(d)   Third party websites

The Auctioneers website may contain links to other websites not operated by us, the Auctioneers. The information you provide to us will not be transmitted to other websites, but these other websites may collect personal information about you in accordance with their own privacy notice. We as the Auctioneers cannot accept any responsibility for the privacy practices or content of those websites.

(e)   Your data

You have the right to request deletion of your personal data. The Auctioneers will comply with this request, subject to our legitimate interests as noted above.

How can I access the information you hold about me?

You have the right to request a copy of the information we hold about you. If you would like a copy of some or all of your personal information then please write to the Auctioneers or email the Auctioneers.

The Auctioneers have an obligation to ensure that your personal information is accurate and up to date. Please write to the Auctioneers or email the Auctioneers to correct or remove any information that you think is incorrect.

(f) Complaints

If you have any queries or complaints in relation to the Auctioneers processing your personal data please contact the Auctioneers.

12. Miscellaneous

(a)  All images of lots, catalogue descriptions and all other materials produced by the Auctioneers are the copyright of the Auctioneers.

(b)  These Conditions of Business are not assignable by any Buyer or Seller without the Auctioneers prior written consent, but are binding on Bidders’ successors, assigns and representatives. 

(c)  The materials listed in Condition 1(a) set out the entire agreement between the parties.

(d)  If any part of these Conditions of Business be held unenforceable, the remaining parts shall remain in full force and effect.

(e)  These Conditions of Business shall be interpreted in accordance with English Law, under the exclusive jurisdiction of the English Courts, in favour of the Auctioneers.

Authenticity Guarantee

If the Auctioneers sell an item of Property which is later shown to be a “Counterfeit”, subject to the terms below the Auctioneers will rescind the sale and refund the Buyer  the total amount paid by the Buyer to the Auctioneers for that Property, up to a maximum of the Purchase Price.

The Guarantee lasts for one (1) year after the date of the relevant auction, is for the benefit of the Buyer only and is non-transferable.

“Counterfeit” means an item of Property that in the Auctioneers reasonable opinion is an imitation created with the intent to deceive over the authorship, origin, date, age, period, culture or source, where the correct description of such matters is not included in the catalogue description for the Property.

Property shall not be considered Counterfeit solely because of any damage and/or restoration and/or modification work (including, but not limited to, recolouring, tooling or repatinating).

Please note that this Guarantee does not apply if either:-

(i)  the catalogue description was in accordance with the generally accepted opinions of scholars and experts at the date of the sale, or the catalogue description indicated that there was a conflict of such opinions; or

(ii)  the only method of establishing at the date of the sale that the item was a Counterfeit would have been by means of processes not then generally available or accepted, unreasonably expensive or impractical; or likely to have caused damage to or loss in value to the Property (in the Auctioneers reasonable opinion); or

(iii)   there has been no material loss in value of the Property from its value had it  accorded with its catalogue description.

To claim under this Guarantee, the Buyer must:-

(i)  notify the Auctioneers in writing within one (1) month of receiving any information that causes the Buyer to question the authenticity or attribution of the Property, specifying the lot number, date of the auction at which it was purchased and the reasons why it is believed to be Counterfeit; and

(ii)  return the Property to the Auctioneers in the same condition as at the date of sale and be able to transfer good title in the Property, free from any third party claims arising after the date of the sale.

 

The Auctioneers has discretion to waive any of the above requirements.   The Auctioneers may require the Buyer to obtain at the Buyer’s cost the reports of two independent and recognised experts in the relevant field and that are acceptable to the Auctioneers.  The Auctioneers shall not be bound by any reports produced by the Buyer, and reserves the right to seek additional expert advice at its own expense.   In the event the Auctioneers decides to rescind the sale under this Guarantee, it may refund to the Buyer  the reasonable costs of up to two mutually approved independent expert reports, provided always that the costs of such reports have been approved in advance and in writing by the Auctioneer