Both the sale of goods at our auctions and your
relationship with us are governed by the Terms of Consignment (primarily
applicable to sellers) the Terms of
Please read these Terms of
Please note that these Terms of
1 Definitions and interpretation
1.1 To make these Terms of Sale easier to read, we have given the following words a specific meaning:
means Hartleys Auctions Ltd (trading as Hartleys), a company registered in
Wales with registration number 09969243 and whose registered office is located at Victoria Hall, Little
“Bidder” means a person participating in bidding at the auction;
means the person who makes the highest bid for a
“Deliberate Forgery” means: (a) an imitation made with the intention of deceiving as to authorship,
origin, date, age, period, culture or source; (b) which is described in the catalogue as being the work of a
particular creator without qualification; and (c) which at the date of the auction had a value materially
less than it would have had if it had been as described;
means the level of the highest bid for a
of the hammer;
means the premium that we will charge you on your purchase of a
set out in Clause 4;
means the minimum price at which a
“Seller” means the persons who consign Lots for sale at our auctions;
“Terms of Consignment” means the terms on which we agree to offer Lots for sale in our auctions as
agent on behalf of Sellers.
“Total Amount Due” means the Hammer Price for a
royalty, any VAT due and any addition charges payable by a defaulting buyer under these Terms of Sale
“Trader” means a Seller who is acting for purposes relating to that Seller’s trade, business, craft or
profession, whether acting personally or through another person acting in the trader’s name or on the
“VAT” means any value added tax or equivalent sales tax; and
“Website” means our website available at www.hartleysauctions.co.uk
In these Terms of Sale the words “you”, “yours”, etc. refer to you as the Buyer. The words “we”, “us”,
etc. refer to the Auctioneer. Any reference to a “Clause” is to a clause of these Terms of Sale unless
2. Information that we are required to give to Consumers
description of the main characteristics of each
2.2 Our name, address and contact details as set out herein, in our auction catalogues and/or on our Website.
2.3 The price of the Goods and arrangements for payment as described in Clauses 4, 5, 7 and 8.
2.4 The arrangements for collection of the Goods as set out in Clauses 8 and 9.
right to return a
2.6 We and Trade Sellers have a legal duty to supply any Lots to you in accordance with these Terms of Sale.
2.7 If you have any complaints, please send them to us directly at the address set out on our Website.
3. Bidding procedures and the Buyer
3.1 You must register your details with us before bidding and provide us with any requested proof of identity and billing information, in a form acceptable to us. You must also satisfy any security arrangements we have in place before entering the auction room to view or bid.
strongly recommend that you attend the auction in person. You are responsible for your decision to bid
for a particular
3.3 If you instruct us in writing, we may execute commission bids on your behalf. Neither we nor our employees or agents will be responsible for any failure to execute your commission bid, unless our failure to do so is unreasonable. Where two or more commission bids at the same level are recorded we have the right to prefer the first bid made (where this can be reasonably ascertained).
Bidder placing the highest bid for a
3.5 Bidders will be deemed to act as principals, even if the Bidder is acting as an agent for a third party.
3.6 We may bid on Lots on behalf of the Seller up to one bid below the Reserve.
3.7 We may refuse to accept any bid if it is reasonable for us to do so.
3.8 Bidding increments will be at our sole discretion (but will be in line with standard auction price).
4. The purchase price
As Buyer, you will pay:
a. the Hammer Price,
b. a premium of 15% plus VAT of the Hammer Price;
c. any artist’s resale right royalty
payable on the sale of the
d. any VAT due.
shall be liable for the payment of any VAT applicable on the Hammer Price and
premium due for a
5.2 We will charge VAT at the current rate at the date of the auction.
6. The contract between you and the Seller
contract for the purchase of the
6.2 You may directly enforce any terms in the Terms of Consignment against a Seller to the extent that you suffer damages and/or loss as a result of the Seller’s breach of the Terms of Consignment.
normally act as an agent only and will not have any responsibility for default
by you or the Seller (unless we are the Seller of the
following your successful bid on a
7.1.1. give to us, if not already provided to our satisfaction, proof of identity in a form acceptable to us (and any other information that we require in order to comply with our anti-money laundering obligations); and
7.1.2 pay to us the Total Amount Due in cash (for which there is an upper limit of 15,000 euros equivalent) or in any other way that we agree to accept payment..
7.2 If you owe us any money, we may use any payment made by you to repay these debts.
8. Title and collection of purchases
you have paid us in full the Total Amount due for any
8.2 You will (at your own expense) collect any Lots that you have purchased and paid for either:
8.2.1 not later than 2 business days following the day of the auction; or
8.2.2 not later than 2 business days following the date that we have received payment of the Total Amount Due in cleared funds, if later.
you do not collect, the
of loss or damage to the
you do not collect the
9. Remedies for non-payment or failure to collect purchases
do not bid on a
9.1.1 take action against you for damages for breach of contract;
9.1.2 reverse the sale of the
9.1.3. resell the Lot by auction or private treaty (in which case you
will have to pay any difference between the price you should have paid for the
Lot and the price we sell it for as well as the charges outlined in Clause
8.5). Please note that if we sell the
9.1.4 remove, store and insure the
9.1.5 if you do not pay us within five business days of your successful bid, we may charge interest at a rate not exceeding 1.5% per month on the total amount due;
9.1.6 keep that
9.1.7 reject or ignore bids from you or your agent at future auctions or impose conditions before we accept bids from you; and/or
9.1.8 if we sell any Lots for you, use the money made on these Lots to repay any amount you owe us.
9.2 We will act reasonably when exercising our rights under Clause 9.1. We will contact you before exercising these rights and try to work with you to correct any non-compliance by you with these Terms of Sale.
10. Health and safety