Terms & Conditions

Conditions of Sale

Tayler & Fletcher conduct their auctions under the customary conditions as set out below. All persons shall be deemed to have full knowledge of the same.

Tayler & Fletcher act as agents and only in respect of goods for the purposes of sale by auction. Herein they shall be known as the ‘Auctioneers’. Persons instructing the Auctioneers to sell goods are herein known as ‘Vendors’. Persons who have acquired lots offered for sale by the Auctioneers are herein known as the ‘Purchasers’.

Registration

If attending an auction you will be expected to register for a buyer’s number before the sale commences. This involves completing a form giving your name, address and telephone number for which you will be allocated a bidder number. Should you be the highest bidder on a lot, showing the auctioneer your number will allow him to quickly record you as the successful purchaser.

Telephone Bidding

Telephone Bidding is available on sale days on lots with an estimated value of over £200, and should be arranged with the saleroom administrative staff before 6 p.m. on the eve of the sale day.

Online Bidding

Please register to bid online at the-saleroom.com. Online bidders are also subject to the ATG MEDIA INTERNET BIDDING TERMS and CONDITIONS which are set out below. Please note that there is a 4.95% charge for this service in addition to Buyer’s Premium.

Commission (Absentee) Bids

If you are unable to attend the auction but would like to bid on an item, you may leave a commission (absentee) bid for free. This is an instruction to the auctioneer to bid on your behalf up to a limit set by you. Absentee bids are executed on behalf of the Bidder during the auction at the lowest possible amount.

To leave a commission bid simply ask the saleroom staff for a commission form or download one from our website. Make sure you fill in the required information and return it before 6 p.m. on the eve of the sale commence.

The Auctioneers will faithfully execute written commission bids without charge, but without accepting responsibility for any oversight which may occur. The Auctioneers regret that they cannot be held responsible for, nor are they connected with, any ‘private’ commission bids given to saleroom porters.

Bidding

In making a bid, Purchasers acknowledge their attention has been drawn to these Conditions of Sale and that they are satisfied as to the description and condition of lots.
At the fall of the hammer, the highest bidder, acceptable to the Auctioneer, shall be the purchaser and any dispute shall be settled by the Auctioneer whose decision shall be absolute and final. The Auctioneer reserves the right to reopen the bidding immediately after the fall of the hammer if it is apparent that he has missed a bid.
No lots shall be transferable.
The Contract of Sale is made with the Auctioneers, as Agents for the Vendors and payment shall be made only to the Auctioneers. Notwithstanding the foregoing, the Auctioneers shall retain a lien on all goods which shall not pass to the Purchaser until full payment has been received.
Bidding, Bidding Increments and Reserves

The bidding can be regulated at the discretion of the Auctioneer, who reserves the right to accept or reject any bid; and in the case of lots upon which the Vendor has placed a reserve, the Auctioneers have the right to bid on behalf of the Vendor up to any amount below the reserve.

Buyer’s Premium

A Buyer’s Premium of 28.2% inclusive of VAT (23.5% + VAT) is payable by all purchasers.

Artists’ Resale Rights (ARR) or Droite de Suite – Please note all lots marked with an asterisk (*) may be subject to an added Buyer’s ARR payment at the maximum rate of 4% of the hammer price on lots of 1000 Euros or more in accordance with EU Directive 2001/84/EC. Exchange rates will be calculated at the currency conversion rate on the day of the sale. Each time you bid on a lot covered by the ARR, you agree to pay an additional amount equal to the resale royalty. If you are the successful bidder this amount will be added to your invoice. For further information about ARR please contact the Fine Art Department.

Payment

Payment can be made to the Auctioneers by Debit Card or in Cash at the saleroom. Please be aware that due to the current HMRC regulations with regards to money laundering, we can only take a cash payment for an auction sale purchase up to the equivalent GBP cash value of €10,000 (conversion rate to be calculated on the day of purchase). Identity checks will be made at this level and proof of identity will be asked for and a photocopy of your birth certificate or driving licence may also be required. Multiple purchases amounting to equivalent €10,000 or more will also be treated in this way.
Payment can also be made by Bank Transfer, but lots will not be released to the Purchaser until the Auctioneers are satisfied that the funds have cleared.
We regret we are unable to accept Debit Card payments over the telephone, but we do accept Debit Cards including Visa and Mastercard in person. Please check before bidding to ensure that your Debit Card provider is acceptable as a form of payment. Please note we are unable to accept payment by Credit Card.
Cheques will not be accepted from Purchasers unknown to the Auctioneers, unless arrangements such as bank or other suitable references have been made in advance. In all cases cheques must be supported by a valid Bank card. Non-compliance with this condition may delay the release of lots pending the clearance of cheques.
Collection and Storage

Purchasers are asked to clear all lots by 6pm on the day of sale. Deliveries can be arranged locally (minimum fee £30 + VAT), nationally and internationally (subject to an appropriate charge). Please call 01451 821 666 for details.
All lots left with the Auctioneers on the sale day for later collection must be collected by the buyer within one week of the sale date. The Auctioneers will store items bought by clients free of charge until this time and after this any uncollected larger items will be subject to a charge of £10 plus VAT per week per item. The Auctioneers reserve the right to resell uncollected lots by auction or by private treaty or alternatively, warehouse goods at the client’s expense. In all cases, the Auctioneers may act without notice to the client and any incidental expenses however incurred will become the liability of the clients.
Attendance

All persons attending a Sale under the conduct of the Auctioneers – whether at their salerooms or elsewhere – shall be deemed to be on the land and premises at their own risk and shall have no claim against the Auctioneers or their principles in respect of the cancellation / postponement of a Sale or any loss, accident or injury however occasioned, save in so far as the same is proven to be caused by the direct negligence of an employee(s) of the Firm.

Viewing

Catalogued items will be available to view at the saleroom on the afternoon before the sale day and the morning before the sale commences. Purchasers should satisfy themselves by physical inspection of lots before bidding as to their origin, authenticity, quality, age, weight, size and general description as lots are sold in their actual state with faults, imperfections or errors of description.
As some items are not inspected by the Auctioneers prior to cataloguing we strongly recommend that you telephone us before travelling to view a specific item.
The Auctioneers make every reasonable effort to ensure the accuracy of advertisements, catalogue descriptions and other publicity but declare that all statements, oral or in writing, are those of opinion only, and shall not give rise to any action in law for damages, compensation or rescission of a sale by a Purchaser, against any Vendor, the Auctioneers or their employees.
Breakages / Insurance / Packaging

Although, naturally enough the goods offered for sale are insured whilst in our hands, if a breakage occurs because of negligence, mishandling, or otherwise accidentally, the Auctioneer will look to the person(s) responsible to recover a proportion of the perceived value of the item(s) as set by the Auctioneer.

Please note we do not package or post items purchased at auction from our sales and items remain the sole responsibility of the Purchaser at the fall of the hammer. All collections, transit and delivery contracts entered into by the Purchaser remain the sole responsibility of the Purchaser and we as Auctioneers (agents) accept no liability for loss or damage however or wherever caused post sale.

Catalogues

Any statement made by the Auctioneers or their employees as to authorship, attribution, identity, origin, date, age, provenance and condition is a statement of opinion and is not to be taken as statement of fact. It is not necessarily definitive, and is intended as a guide only. Sometimes it may differ from the opinion of other specialist appraisers, museums or auction houses. All buyers must therefore make their own judgement prior to the purchase of any lot, which is always sold as viewed.
Lots are sold subject to any announcement, declaration, alteration or description or other matters, made by the Auctioneer prior to the invitation of bids.
Electrical/Mechanical goods are sold on the strict understanding that these are untested, without warranties or any other guarantees as to serviceability or working order, unless otherwise stated.
Vendor Charges

Seller’s Premium of 15% plus VAT is payable on the Hammer Price. There is a minimum charge of £5 per lot (whether sold or unsold). These charges are inclusive of national and local advertising and other organising expenses, but not the following which are set out in paragraphs ii – v immediately below:
Insurance is charged at 1.5% of the Hammer Price plus VAT. This insurance charge ensures the provision of overnight and daytime security as well as accidental damage.
Additional charges may be levied on both unsold and sold lots for their Transportation, Storage and Photography costs.
If an item is withdrawn for any reason, a withdrawal fee of £30 plus VAT will be charged. Charges for any other costs, however they are incurred, will also be made.
Electrical Goods are subject to a charge of £10 per lot plus VAT for safety testing by a qualified electrician.
ATG MEDIA INTERNET BIDDING

Please read these Bidder Terms carefully before you start to use the website and/or the auctioneer site in order to receive the online auction services. By using the website in order to receive the online auction services you indicate that you accept these Bidder Terms and that you agree to abide by them. As the Services are made available to you online from the moment you register and agree to the Bidder Terms you are reminded that if you are a consumer you have no right of cancellation under the Distance Selling Directive (Directive 97/7/EC) and any related UK or other laws. If you do not agree, please refrain from using the website and/or auctioneer site to receive the online auction services.

Summary of ATG Media Bidder Terms

These ATG Media Bidder Terms (together with the Privacy Policy and Website Terms and Conditions) (“the Terms”) tell you the terms of use on which you may use our website and in particular our services to facilitate online bidding at auctions. Please read these carefully. ATG Media highlight some key terms below:

What We Do for You

We provide online auction Services (more particularly described in paragraph 2 of the Bidder Terms) that facilitate online bidding at auctions. The Services are only a means of communication to participate in auction sales and we are not an online auctioneer. Therefore, we are not a party to the contract for sale and purchase entered into between you, the bidder, and the auctioneer.

We are not in control of the information made available by auctioneers which you access via the Services. We cannot therefore make any representations, warranties or guarantees in connection with what the auctioneer may offer for sale through the Services or otherwise.

We do not charge you, the bidder, for your use of the Services. We are paid by auctioneers to provide the Services to potential bidders.

What You Agree To Do

Use the website and the Services in accordance with our Terms. In particular you agree that we can change modify or remove any of the Services without notice and without reason at any time. You also agree that our liability is limited in accordance with paragraph 10 of the Bidder Terms.

You also agree to indemnify us against any claim action, or right against us that arises through your act, omission or breach of the Bidder Terms.

Our Agreement

1.1 By accessing ATG Media’s websites (currently www.i-bidder.com, www.the-saleroom.com or such other site or sites we use to provide the Services (defined below) as notified to you from time to time) (“Website”) or being linked to these terms from the site of an auctioneer (“Auctioneer”) which is powered by ATG Media (“Auctioneer Site”) in order to receive the Services and/or by registering to receive the Services (whether through the Website, the Auctioneer Site, or otherwise) you agree to be bound by these terms and conditions, which constitute a legally binding contract between you (defined in these terms as the “Bidder User”) and ATG Media.

1.2 These Bidder Terms are additional to ATG Media’s Website Terms, and the Auctioneer Site’s general website terms and conditions (if any) which may also apply (provided that in the event of any conflict or inconsistency these Bidder Terms shall prevail).

1.3 For the purposes of these Bidder Terms ATG Media shall mean Metropress Limited (a Company registered in England and Wales with company number 01010311) with its registered office at 115 Shaftesbury Avenue, London, WC2H 8AF).

1.4 Metropress Limited’s VAT number is: 927 5121 29

1.5 These Bidder Terms are subject to change. ATG Media reserves the right to amend them at any time. Notification of this amendment shall be effected by posting the new terms and conditions on the Website, the Auctioneer Site and/or notifying Bidder Users by e-mail. Amended terms and conditions shall become effective; (1) for new Bidder Users immediately; (2) for existing Bidder Users 30 days from the date of posting.

1.6 These Bidder Terms replace all previous terms and conditions.

2. Services provided by ATG Media to Bidder Users

2.1 Subject to the Bidder User’s compliance with its obligations under these Bidder Terms, ATG Media will use reasonable endeavours using reasonable skill and care to provide some or all of the following services from time to time to the Bidder User:

2.1.1 Access to and participation in “Timed Auctions”. A Timed Auction can take place online and the Auctioneer will organise the sale (such organisation includes (but is not limited to) the Auctioneer describing and cataloguing the lots, posting the lots on the Website and dealing with post-sale matters). The Timed Auction is an automatic process that is administered according to parameters (such as bid increments and end times) established by the Auctioneer and takes place without the Auctioneer calling the bids. Bids are placed over a defined time period (“Bidding Period”). Bidder Users can view the highest current bid. The highest bid, (being the greatest bid that meets or is in excess of any reserve bid), at the end of the Bidding Period is successful. A Timed Auction:

(a) will either be open to all registered Bidder Users who have registered and been approved by ATG Media and/or the Auctioneer in accordance with paragraph 3.2 or restricted to a defined group of Bidder Users according to the Auctioneer’s chosen criteria; and

(b) may also be a ‘private treaty sale’ where Bidder Users cannot see the bids placed by other Bidder Users.

2.1.2 Access to and participation in “Live Auction Webcasts”. Live auctions are traditional auction sales conducted by an auctioneer that take place at a physical location. A Live Auction Webcast allows the Bidder User to participate in the auction either by placing Absentee Bids (defined below) in advance of the auction or, when available, during the auction. Access to Live Auction Webcasts is only open to Bidder Users who have registered and been approved in accordance with paragraph 3.2 in order to be able to bid in the auction in question.

2.1.3 Communication of “Absentee Bids” to the Auctioneer using i-bidder.com’s Autobid functionality. The Absentee Bid is the highest amount the Bidder User is willing to bid on a specific lot. Absentee Bids are executed on behalf of the Bidder User during the auction at the lowest possible amount. ATG Media communicates the Absentee Bid to the Auctioneer during the auction using the Website’s Autobidfunctionality which administers the Absentee Bid automatically. In relation to Absentee Bids (and without prejudice to any other right or remedy that ATG Media may have under these Bidder Terms); The Absentee Bid is at the risk of the Bidder User. Subject always to clause 10 ATG Media accepts no responsibility for and shall not be liable for the communication and placement of Absentee Bids including (but not limited to) any direct or indirect loss that may occur; as a result of a failure to communicate the Absentee Bid to the Auctioneer due to any disruption or disturbance to the wider internet; or

ii) for any other reason

(c) ATG Media will at no time be agent for the Bidder User and/or the Auctioneer; and

(d) Communication of the Absentee Bid through the Website and/or Services does not constitute or guarantee the Auctioneer’s acceptance of the Absentee Bid. together the “Services”)

2.2 ATG Media reserve the right to change, modify or remove all and/or any of the Services at any time (with or without notice to the Bidder User) and without reason.

2.3 ATG Media and/or any Auctioneer may terminate, restrict and/or refuse the Bidder User’s use of the Website, the Auctioneer Site and/or the Services and/or remove or alter any content at any time and for any reason.

3. Responsibilities of the Bidder User

3.1 Bidder user access

3.1.1 Those under 18 (eighteen) years of age are not permitted to access the Website, the Auctioneer Site and/or the Services.

3.1.2 Those that have been barred, refused or suspended by ATG Media or any Auctioneer are not permitted to access the Website, the Auctioneer Site and/or receive the Services.

3.1.3 Those that access the Website, the Auctioneer Site and/or receive the Services on behalf of their business warrant that they have authority to bind that business.

3.2 Registration and user credentials

3.2.1 If the Bidder User wishes to use the Website and/or the Auctioneer Site in order to receive the Services or make use of any of the Services the Bidder User must: register with and be approved by ATG Media; and register with and be approved by the Auctioneer in advance of receiving or using the Services.

3.2.2 For the avoidance of doubt, the Bidder User’s registration with ATG Media in accordance with paragraph 3.2.1(a), above, will require the Bidder User to agree to abide by these Bidder Terms on registering to receive the Services. The Bidder User’s agreement to these Bidder Terms does not constitute ATG Media’s approval of the Bidder User and notwithstanding paragraph 2 ATG Media may at any time terminate, restrict and/or refuse the Bidder User’s use of the Website, the Auctioneer Site and/or the Services without notice.

3.2.3 For the avoidance of doubt, the Bidder User’s registration with the Auctioneer in accordance with paragraph 3.2.1(b), above, will require the Bidder User to agree to abide by the Auctioneer’s terms and conditions (if any) on registering to receive the Services. The Bidder User’s agreement to the Auctioneer’s terms and conditions does not constitute the Auctioneer’s approval of the Bidder User and notwithstanding paragraph 2 the Auctioneer may at any time terminate, restrict and/or refuse the Bidder User’s use of the Website, the Auctioneer Site and/or the Services without notice.

3.2.4 The Bidder User will supply all information requested by ATG Media and/or the Auctioneer in order to register and represents, warrants and undertakes to ATG Media and to the relevant Auctioneer that all such information is complete, truthful and accurate. It is the responsibility of the Bidder User to update and maintain changes to such information. ATG Media and the relevant Auctioneer are entitled to rely on any information provided by the Bidder User.

3.2.5 ATG Media and/or the Auctioneer reserve the right to refuse registration and/or approval to any person for any reason. Such refusal shall be in the absolute discretion of ATG Media and/or the Auctioneer.

3.2.6 On registration a Bidder User will be allocated a unique user ID which must be used in conjunction with the Bidder User password, these are known as “User Credentials”.

3.2.7 The Bidder User’s access to the Website, the Auctioneer Site (to the extent applicable) and/or the Services must only be achieved using these User Credentials.

3.2.8 The Bidder User must ensure that User Credentials are not disclosed to any other person and in any event they must only be disclosed to persons under the authority and control of the Bidder User for the purpose of ensuring the Bidder User has access to the Website, the Auctioneer Site (to the extent applicable) and use of the Services. If the Bidder User believes that there has been any breach of security such as the disclosure, theft or unauthorised use of the User Credentials, the Bidder User must immediately notify ATG Media by email at [email protected].

3.2.9 The Bidder User shall be liable for any use of the Website, the Auctioneer Site (to the extent applicable) and/or Services made using the User Credentials and for any misuse of the User Credentials.

3.3 Protecting ATG Media and the Services. The Bidder User warrants and undertakes that:

3.3.1 Its access to and use of the Website, the Auctioneer Site (if applicable) and the Services will not cause ATG Media any loss, damage or any liability whatsoever, or cause any interference, interruption or disruption to ATG Media, or cause the Website, the Auctioneer Site (if applicable) or the Services to become less efficient, less effective, or less functional;

3.3.2 The Bidder User will not impose unreasonable stress, burden, or demand on the Website, the Auctioneer Site (if applicable) or the Services;

3.3.3 The Bidder User will comply with ATG Media’s instructions regarding the use of the Website, the Auctioneer Site (if applicable) and the Services from time to time and also will not bypass measures to prevent or limit access to the Website, the Auctioneer Site (if applicable) or the Services;

3.3.4 The Bidder User will not commit or cause the commission of any act or omission, directly or indirectly, which results in detriment to ATG Media;

3.3.5 The Bidder User will not copy, reproduce, modify, communicate to the public, or make derivative product from or publicly display any material available on or through the Website, the Auctioneer Site (if applicable) or the Services other than in order to bid for goods using the Services;

3.3.6 The Bidder User will not create a database in electronic or structured manual form by systematically and/or regularly downloading, caching, printing and/or storing the material available on or through the Website, the Auctioneer Site (if applicable) or the Services (by spidering or otherwise) or enable or permit others to do so; and

3.3.7 The Bidder User will not present, use or communicate any information or language which is offensive, harmful, inaccurate, defamatory, deceptive, infringing or otherwise unlawful or illegal.

3.4 No sniping

3.4.1 Bid sniping (such as watching a timed online auction and placing a winning bid at the last possible moment giving others no time to outbid), whether manual or automated, is strictly prohibited on the Website and the Auctioneer Site (if applicable) and the Bidder User warrants and undertakes that the Bidder User will not place or permit to be placed any bids on any lots in any auction by way of sniping.

3.4.2 Any attempt at bid sniping will automatically extend the relevant auction time and without prejudice to any other right or remedy of ATG Media and/or the Auctioneer may result in the Bidder User’s access to the Website and/or the Auctioneer Site being suspended or revoked.

3.5 No shill bidding

3.5.1 Shill bidding (where the seller of an item at auction, or someone known to the seller, places a bid in order to inflate the price of the product being sold), whether manual or automated, is strictly prohibited on the Website and the Auctioneer Site (if applicable) and the Bidder User warrants and undertakes that the Bidder User will not place or permit to be placed any bids on any lots in any auction by way of shill bidding.

3.5.2 Any attempt at shill bidding may extend the relevant auction time and without prejudice to any other right or remedy of ATG Media and/or the Auctioneer may result in the Bidder User’s access to the Website and/or the Auctioneer Site being suspended or revoked.

4. Duration of the Services

4.1 Unless terminated earlier as provided in these Bidder Terms, the Bidder User’s registration, approval, and/or right to use the Services shall apply on an auction-by-auction basis, although an Auctioneer may (in its absolute discretion) grant approval for a Bidder User to participate in more than one auction.

5. The Website and the Services are only a means of communication to participate in auction sales and ATG Media are not ‘an online auctioneer’.

5.1 ATG Media act only as host and the Website, the Auctioneer Site (if applicable) and Services act only as a means of communication intended to provide online access to the Auctioneer’s auction. Bids may be made and accepted utilising the technology inherent in the Services. Without prejudice to paragraph 3.4 above, when a Bidder User bids for a lot, the Bidder User does so in accordance with the terms and conditions provided by the Auctioneer for that sale and not ATG Media, as more particularly described in paragraph 7 below. The Bidder User is responsible for independently ensuring that they are aware of those terms and conditions and undertake to bid in accordance with those terms and conditions.

5.2 ATG Media is not a party to the contract for sale and purchase entered into between the Auctioneer, (and/or its principal) and the Bidder User, nor is ATG Media acting as agent for any such person. ATG Media shall not, by whatever means or for any reason, be joined as a party to the contract for sale and purchase.

5.3 No joint venture exists or shall exist between ATG Media and any party.

5.4 No franchise exists or shall exist between ATG Media and any party.

5.5 No partnership exists or shall exist between ATG Media and any party.

6. Charges

6.1 ATG Media does not charge Bidder Users for accessing the Website, the Auctioneer Site (if applicable) or using the Services.

6.2 The Auctioneer may charge Bidder Users in respect of auction bids or otherwise through commission payments or other charges. The Bidder User acknowledges that any charges or commission arrangements that the Auctioneer may make for the Services are a matter between the Bidder User and the Auctioneer and are not the responsibility of ATG Media. It is the responsibility of the Bidder User to check it is happy with any charges or commission arrangements before bidding or otherwise incurring any liability to the Auctioneer.

6.3 Payment due from the Bidder User to the Auctioneer may be dealt with via a third party payment processor and, in such event; ATG Media will not be directly involved in such payments.

7. Auctioneer terms

7.1 Each Auctioneer will have their own terms and conditions (“Auctioneer Terms”): these terms and conditions may differ from those of another Auctioneer. A Bidder User accepts that in bidding at an auction they accept the specific terms and conditions of that Auctioneer and any other terms which may be implied by law, whether or not these have been brought to their attention. It shall be the responsibility of each Bidder User to ascertain the nature of these terms and to abide by them.

7.2 Whilst it is the responsibility of the Bidder User to read the Auctioneer Terms and to comply with them, the Bidder User is reminded that under English auction law and practice the following provisions typically apply (subject to any contrary provisions in the Auctioneer Terms):

7.2.1 The Bidder User must not bid in an auction where they are the seller nor must they procure or encourage any person to do so on their behalf;

7.2.2 The Bidder User must not contact other bidders prior to the full conclusion of the sale of the lot;

7.2.3 The highest bidder, where the reserve is met, and the bid is not subsequently declared by the Auctioneer to be inoperable, shall be bound by law to complete the transaction; and

7.2.4 Each Bidder User shall be deemed to act as principal, unless in possession of written authority given by the Auctioneer to act for a third party.

7.3 Also, the submission of commission or absentee bids and their acceptance by the Auctioneer is a matter to be agreed between the Bidder User and the Auctioneer, provided that where commission or absentee bids are made or facilitated by using the Website, the Auctioneer Site and/or the Services these Bidder Terms shall apply.

8. Additional Auction Methods

From time to time, an Auctioneer may use one of the following auction methods. Please see individual Auctioneer Terms.

8.1 Piecemeal Selling

8.1.1 An Auctioneer may offer ‘Piecemeal Selling’ where a Bidder User bids on one lot consisting of multiple items. The Auctioneer calls the bid at the unit price of the items.

8.1.2 If a Bidder User’s bid is successful, it acknowledges and agrees that it will pay the per unit price multiplied by the number of items in the lot.

8.2 Options

8.2.1 Where the Bidder User’s bid is successful, the Auctioneer may offer the Bidder User the option to buy additional lots at the same price as the successful bid price. The Bidder User is able to choose how many additional consecutive lots to buy (subject to availability) but is unable to choose any combination of lots, only consecutive ones.

8.2.2 This option only relates to lots immediately succeeding the first lot of a series. The Bidder User acknowledges that the lots are not necessarily identical.

8.3 Grouping

8.3.1 An Auctioneer may offer a group of lots to a Bidder User as one lot. Where the Auctioneer offers ‘grouping’ the purchase price payable by the Bidder User for the entire lot will be the price that the Bidder User bids on the lot. The Bidder User acknowledges and agrees that should it be successful when bidding on such a lot, it will be contracted to buy the entire group of lots in accordance with the Auctioneer Terms.

8.4 The lot prices in the methods detailed in 8.1, 8.2 and 8.3 exclude buyer’s premium, VAT and any additional charges that may be charged by an Auctioneer and will be subject to the Auctioneer’s Terms governing each bid.

9. No representation and warranties

9.1 ATG Media makes no representations or warranties whatsoever in connection with what the Auctioneer may offer for sale through the Services or otherwise.

9.2 The Bidder User accepts that the Auctioneer is solely responsible for any undertaking, representation and/or warranties (“Representation”) made in respect of a lot, including but not limited to: –

9.2.1 Representation as to quality of lots;

9.2.2 Representation as to the description of lots;

9.2.3 Representation as to fitness for purpose of lots;

9.2.4 Representation as to truth or accuracy of statements made;

9.2.5 Representation as to authenticity or provenance in respect of lots;

9.2.6 Representation as to legality of lots;

9.2.7 Representation as to title of lots;

9.2.8 Representation as to the liability of any party to the contract to complete the transaction.

9.3 ATG Media has no knowledge as to, or responsibility for, the safety of lots. The Bidder User must not pre-suppose that all lots are risk free and not dangerous to the Bidder User. ATG Media do not accept any responsibility to protect Bidder Users from injury or even death resulting from use of these lots.

9.4 ATG Media have no knowledge as to, or responsibility for, the legality of lots. The Bidder User must not pre-suppose that all lots are lawfully sold in the relevant jurisdiction. ATG Media do not accept any responsibility to protect Bidder Users from any illegality arising from their purchase or use of lots.

9.5 ATG Media is not in control of the information made available by Auctioneers accessed via the Services. The Bidder User accepts that ATG Media is in no way responsible for the inclusion or use of any language or information or any detrimental effect it may have.

9.6 ATG Media does not warrant that the Website and the Auctioneer Site (if applicable) is free from infection by viruses or any other technologically harmful material that may infect the Bidder User’s computer equipment, computer programs, data or other proprietary material (“Bidder User’s Computer System”) arising out of the Bidder User’s use of the Website. The Bidder User accepts that ATG Media does not accept responsibility to protect the Bidder User’s Computer System from such viruses or other contamination or destruction. Subject to paragraph 10.2.1, below, ATG Media will not be liable for any loss or damage to the Bidder User’s Computer System caused by a distributed denial-of-service attack.

10. Liability

10.1 Provision of the Services not guaranteed.

10.1.1 The Bidder User accepts that access to ATG Media’s Services (whether the Website, via the Auctioneer Site (if applicable) or the Services or access to a particular lot) may be withdrawn at any time. The Website, the Auctioneer Site (if applicable) and the Services may be interrupted and provision of the Website, the Auctioneer Site (if applicable) and the Services is not guaranteed. Bidder Users must make alternative provision for making bids prior to the sale (for example by telephone) and must not rely on and are not entitled to rely on ATG Media’s Services (whether the Website or the Services) or the use of the Auctioneer Site to make bids. Such Services and sites may not be continuous and may be interrupted by factors within or outside ATG Media’s control.

10.1.2 The Website and the Services are provided free of charge by ATG Media (see paragraph 6 above) ‘as is’ and ‘when is’ available only. ATG Media shall have no liability where a bid fails to be received by the Auctioneer or is delayed, or where the bid is made in error for whatever reason. ATG Media is under no obligation to correct erroneous bids or to resubmit bids which were lost in transmission or otherwise not received by the Auctioneer.

10.2 Limitation of liability

10.2.1 The Bidder User accepts that ATG Media’s liability is limited to the fullest extent available in law. The Bidder User releases ATG Media from all liability to the fullest extent permitted by law.

10.2.2 ATG Media shall not be liable for the following (but not limited to); negligence, consequential damage, special, indirect and direct losses, loss of reputation, good will, contract, profits, revenues and (to the fullest extent permitted by law) all other losses arising out of or in connection with this agreement with the Bidder User.

10.2.3 Under no circumstances are ATG Media liable for the Auctioneer Site or the acts or omissions of the Auctioneer with whom the Bidder User contracts or with whom ATG Media link or facilitate communication with the Bidder User.

10.2.4 The Bidder User agrees to pursue any dispute, claim, action or right against any Auctioneer independently and without recourse to ATG Media. The Bidder User agrees to release ATG Media from all and any liability for any dispute, claim, action or right in any way associated with the Bidder User’s use of the Website, the Auctioneer Site and the Services.

10.2.5 The Bidder User will be responsible for any losses or damages suffered or incurred by ATG Media in respect of any inaccuracy of the Bidder User’s data due to incorrect input of data by the Bidder User and the Bidder User shall indemnify ATG Media against all liabilities, costs, expenses, damages and losses (including direct, indirect and consequential losses, loss of profit, loss of reputation and all interest, penalties and other reasonable professional costs) suffered or incurred by ATG Media arising out of such inaccuracy of data.

10.2.6 Where, notwithstanding the above, liability is found against ATG Media for any reason under or in connection with these Bidder Terms, the Auctioneer Site or the provision of the Website and/or the Services (whether in negligence, breach of contract, breach of statutory duty or otherwise), ATG Media’s aggregate liability in any calendar year in aggregate for all claims in respect of any Bidder User shall be limited to £100 (“Bidder Cap”) per Bidder User provided always that ATG Media’s aggregate liability to all Bidder Users in any calendar year shall be limited to £10,000. Where the total claims made against ATG Media by Bidder Users in any calendar year exceed £10,000 then the Bidder Cap for each Bidder User shall be reduced accordingly on a pro rata basis so that ATG Media’s total aggregate liability in any calendar year in respect of all Bidder Users never exceeds £10,000.

10.2.7 The Bidder User agrees to indemnify ATG Media to the fullest extent available in law where any claim, action or right against ATG Media arises through the Bidder User’s act or omission or breach of any of these terms and conditions. The Bidder User accepts and agrees that ATG Media may in such circumstances take action against the Bidder User or seek to join the Bidder User to such a claim.

10.2.8 The exclusions and limitations of liability in these terms and conditions shall also be for the benefit of ATG Media’s affiliates and subcontractors.

10.2.9 Nothing in these Bidder Terms shall operate to exclude or limit a party’s liability for death or personal injury caused by its negligence or for its fraud.

11. Personal information/debit/credit card details

11.1 ATG Media may make such use of any information (including any personal data) arising from or in connection with or supplied by any Bidder User, as is necessary to provide for the effective provision of the Website, the Services, ATG Media’s services provided through the Auctioneer Site, any databases made available through the Website and/or the Services from time to time, and as further provided in ATG Media’s privacy policy referred to and linked to below.

11.2 ATG Media also collects certain personal data (including the Bidder User’s address, contact number and email address) from the Bidder User on behalf of the Auctioneers and the Bidder User agrees that ATG Media is entitled to pass this information to the Auctioneer concerned.

11.3 The Bidder User acknowledges and agrees that ATG Media has contracted a third party payment processor to manage the storage of Bidder Users payment details and process payment as appropriate to enable payments to Auctioneers. The Bidder User’s payment details will be stored in a PCI compliant manner by the third party payment processor and the Auctioneer can process payment and refunds via the third party payment processor. Such third party payment processors are obligated to protect the security and confidentiality of the Bidder User’s information. In completing the bidder registration and providing debit/credit card details and unless alternative arrangements are agreed with the Auctioneer the Bidder User (i) authorises the Auctioneer to charge the debit/credit card given in part or full payment, including all fees, for items successfully purchased at auction via the Website (or the Auctioneer Site) should the Auctioneer wish to do so, and (ii) warrants and represents that they are authorised to provide these debit/credit card details through the Website (or the Auctioneer Site) and agrees that the Auctioneer is entitled to ship the goods to the cardholder name and cardholder address provided in fulfilment of the sale.

11.4 Please read ATG Media’s Privacy Policy for more information.

12. Confidentiality

12.1 The Bidder User will keep confidential any information received from ATG Media in connection with the Services and will not use the information other than as necessary to access and use the Services as expressly contemplated by these Bidder Terms. This restriction shall not apply to the extent the information (a) enters the public domain through no fault of the Bidder User; or (b) is required by law to be disclosed.

13. Force majeure

13.1 In no event shall ATG Media be liable for any delays or failures attributable to any cause beyond its reasonable control. Failures of telecommunications networks, the Internet, and/or ATG Media’s or its subcontractor’s IT systems, and the Auctioneer Site shall without limitation be deemed to be events beyond ATG Media’s reasonable control.

14. Third party rights

14.1 This agreement is only intended for the benefit of the parties (i.e. ATG Media and the Bidder User) and where expressly provided the Auctioneer and ATG Media’s affiliates and subcontractors. The consent of the Auctioneer or ATG Media’s affiliates and/or subcontractors is not required to amend or vary these terms.

15. Entire agreement

15.1 These Terms constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties in respect of its subject matter. All terms and conditions which may be implied by law are hereby excluded to the fullest extent permitted by law.

15.2 Each of the parties acknowledges and agrees that in entering into an agreement based on these Terms it does not rely on any statement not contained within these Terms. Also, the striking out of one part by law shall not detract from the effectiveness of the entire agreement; the agreement shall operate effectively without that provision.

16. Assignment

16.1 ATG Media may at any time assign, transfer, charge or deal in any other manner with this agreement or any of its rights under it.

17. General

17.1 These Bidder Terms shall be governed by and shall be construed in accordance with the law of England and Wales. Each party agrees to submit to the exclusive jurisdiction of the English courts in any claim or matter arising under or in connection with these Bidder Terms. This is without prejudice to ATG’s right to commence proceedings anywhere in the world relating to the protection of its intellectual property rights or those of its licensors.

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Sellers’ Terms and Conditions
CONSIGNMENT AGREEMENT

Thank you for choosing to sell your property through Tayler & Fletcher.

Please read this document carefully since it sets out the terms and conditions of your agreement with Tayler & Fletcher.

Please also note that if you, or someone acting on your behalf, consigns a Lot/s to us to sell at one of our auctions, this signifies that you agree to, and will comply with, the terms and conditions of this Consignment Agreement.

1. The Parties

The terms of this Consignment Agreement are between you (the consignor), whether owner or agent of the goods to be consigned and Tayler & Fletcher. No person other than the goods’ owner, their agent, the buyer and Tayler & Fletcher will have any rights to enforce any of the terms of this Consignment Agreement.

2. Jurisdiction

The terms of the Consignment Agreement and any dispute or claim arising out of or in connection with them (including any non-contractual claims or disputes) shall be governed by and construed in accordance with the laws of England and the parties irrevocably submit to the exclusive jurisdiction of the English courts.

3. Definitions

Agent – a person or persons authorised to act on the behalf of another; for the purposes of this Consignment Agreement, a person or persons authorised to sell goods on behalf of the goods’ owner

Auctioneer – Tayler & Fletcher or the partnership’s authorised auctioneer

Bidder – a person who places a bid

Buyer – the person who makes the highest bid accepted by the Auctioneer

Buyer’s Premium – the commission charged to the Buyer on the sale of the Lot/s in accordance with the Conditions of Sale

Conditions of Sale – the terms and conditions of sale for Bidders and Buyers at Tayler & Fletcher auctions

Consignment Agreement means this document

Consumer – an individual acting for purposes which are outside his/her trade, business, craft or profession

Deliberate Forgery – an imitation made with the intention of deceiving as to its authorship, origin, date, age, period, culture or source; which is described in the catalogue as being the work of a particular creator without qualification; and which at the date of the auction had a value materially less than it would have had if it had been as described.

Hammer Price – the highest bid for the Lots accepted by the Auctioneer by the fall of the hammer

Lot – the item or goods that you consign to us for sale at our auction

Price – the total of the Hammer Price, Premium and VAT

Proceeds – the Hammer Price less the Seller’s Premium, insurance, any expenses incurred to your account and VAT

Reserve – the minimum Hammer Price at which a Lot may be sold

Seller – the owner of the Lots; or their agent, who consigns the Lot/s for sale on behalf of the owner

Seller’s Premium – the commission that we charge you on the sale of the Lot/s as set out in Clause 7

Trader – a Seller who is acting for purposes relating to that Seller’s trade, business, craft or profession, whether acting personally or through another person such as an agent and/or the Auctioneer

‘We’ and ‘us’ – refer to Tayler & Fletcher or Tayler & Fletcher’s authorised Auctioneer

‘You’ and ‘your/s’ – refer to the Seller.

4. You and Your Agent’s Relationship with the Auctioneer

If the consignment of a Lot/s to us is made by an agent we assume that you, the owner of the Lots, have authorised the agent to do so. All obligations that apply to the Seller under this Consignment Agreement shall apply to the owner of the Lot/s and their agent, jointly and separately.

5. Consignment Procedure

1) If you consign a Lot/s to us for sale at auction, we will require you to provide us with the following information in a form acceptable to us:

Proof of your identity and your address
Information about the Lot/s (as set out in Clause 14)
Your bank account details
Your contact details
Your VAT registration number (if registered)
Your status as a seller (Trader or Consumer).
2) If we are not satisfied with any of the above information which you provide, or fail to provide, we may refuse your consignment for sale.
3) You must provide the Lot/s to us by any stated deadline.

6. Your Contractual Relationship with the Buyer

1) The contract between you and the Buyer will be formed when the hammer falls.
2) You may directly enforce any terms in the Conditions of Sale against a Bidder and/or a Buyer to the extent that you have suffered damages and/or loss as a result of a Bidder’s and/or the Buyer’s breach of the Conditions of Sale.
3) If you breach terms of this Consignment Agreement, you may be responsible for damages and/or losses suffered by a Bidder, by a Buyer, and by us. If we are contacted by a Buyer and/or a Bidder who wishes to bring a claim against you, we may at our discretion provide the Buyer and/or Bidder with information or assistance in relation to their claim.
4) We act as an agent only and will not have any responsibility for default by you or the Buyer.

7. Seller’s Premium

We will charge you a commission, known as ‘Seller’s Premium’, on the sale of the Lots. It is calculated as a percentage of the Hammer Price on a sliding scale basis as follows:

For each lot selling for up to £5,000: 15% + VAT
For each lot selling for £5,001 or more: 15% + VAT on the first £5,000 and 10% thereafter.

8. Insurance for Loss and Damage

1) We will charge you 1.5% of the Hammer Price plus VAT for the insurance of your Lot/s.
2) Subject to Clause 8.4, we accept liability for Lot/s from the time we take possession until the hammer falls
3) Our liability for your Lots is limited to our presale lower estimate for the Lot/s before the sale, or to the Hammer Price if the lot has sold, or to the Reserve if the lot is unsold.
4) The liability accepted by us in Clause 8.2 does not include any liability for loss or damage to the Lots that is caused by or results from:

any inherent vice or defect affecting the Lots;
acts of God, flood, drought, earthquake or other natural disaster;
acts of terrorism, civil commotion, riots or war; or
nuclear, chemical or biological contamination.
9. Photography

You will pay for the cost of any photographs of your Lots produced for the auction Catalogue. We reserve the right to photograph all Lots unless you specifically request us not to. The copyright in such photographs will be owned by us, along with the text of the auction catalogue.

10. Reserves

1) Reserves must be reasonable and may not exceed our presale lower estimate for that lot. We may decline to offer Lots which, in our opinion, would be subject to an unreasonably high reserve (in which case the Lots carry the storage and insurance charges as set out in this Consignment Agreement).
2) Once we have agreed a Reserve, this cannot be changed except by mutual agreement.
3) Where a Reserve has been agreed, we may bid on your behalf up to one bid below the Reserve.
4) We may sell Lots below the Reserve provided that we account to you for the same sale proceeds as you would have received had the Reserve been the Hammer Price.

11. ‘Auctioneer’s Discretion’

Lots may be offered subject to a Reserve agreed between you and us before the auction in accordance with Clause 10. If you specifically give us notice to do so, we may accept a bid of up to 10% below the formal Reserve. This is known as ‘‘auctioneer’s discretion’.

12. Electrical Items – Portable Appliance Testing

1) You must test any (non-antique) electrical items that you wish to consign to us for sale using qualified external contractors. We will not accept any Lots that have not been (PAT) tested and certified as safe by an electrician
2) If we notify you that we will not accept uncertified electrical Lots, you must remove such Lots promptly at your expense following such notification. If you do not collect the Lots within seven days of our written notice to do so, we may dispose of the Lots at your expense.

13. Unsafe Lots

If in our opinion any of your Lots infringe safety regulations, we will not offer these Lots for sale. You must remove such Lots at your expense. If you do not collect such Lots within seven days of our written notice to do so, we may dispose of the Lots at your expense.

14. Warranties and information about the Lots

1) You must provide us with all relevant information relating to your Lot/s such as its provenance, export/import history, condition, attribution, authenticity et cetera
2) In addition to the warranties implied by law, you warrant to us and the Buyer that:

any information that you provide in relation to the Lot/s is complete, correct and up-to-date
the Lot/s will match any description of the Lots that you provide to us
as far as you are aware, the main characteristics of the Goods set out in the auction catalogue (as amended by any notice displayed in the saleroom or announced by us at the auction) are correct
to the best of your knowledge, the Goods have been lawfully imported and lawfully and permanently exported as required by the laws of any country in which the Goods were located; required declarations upon the export and import of the Goods have been properly made; and any duties and taxes on the export and import of the Goods have been paid
3) you will pay all taxes and duties potentially due on the sale of the Lots. You must let us know promptly, and in any event before the auction, if you discover any of the information you have provided to us relating to the Lots is incorrect or incomplete and/or if the Lots do not match the description that you provided to us or the main characteristics of the Lots set out in the auction catalogue.
4) Any information that you provide in relation to the Lots may form part of the contract between both of us and the Buyer, and you acknowledge that the Buyer may have a statutory right to reject the Lots if the information provided is incorrect.
5) If we have to refund the price of any Lots to the Buyer due to the Lot being a deliberate forgery, you must within seven days, reimburse to us any proceeds that we have transferred to you for the Lot/s following receipt of our written notice requesting you to do so.

15. Transfer of Ownership of the Lots

You warrant and undertake to us and the Buyer that you are the true owner of the Lots (or are properly authorised by the true owner to sell the Lots on the owner’s behalf) and you currently have and will have the right to sell the Lots to the Buyer with good and marketable title free of any third party rights or claims at the time when ownership of the Lots is to be transferred.

16. Indemnity

You will indemnify and keep us fully indemnified against any and all liability, loss, damage, costs (including reasonable legal fees and any VAT in relation to such fees) and expenses which we may incur or suffer as a result of any breach of Clauses 14 or 15 by you or anyone acting on your behalf, including without limitation if we are required to refund the price of any Lots to the Buyer as a result of your breach of these clauses.

17. Terms of Sale

You agree that the Lots will be sold to the Buyer in accordance with our Terms of Sale, a copy of which is displayed in the saleroom and printed in our auction catalogues.

18. Authority to deduct Seller’s Premium (commission) and expenses and to retain Premium and interest

You authorise us to deduct our Seller’s Premium at the stated rate and all expenses incurred on your account from the Hammer Price, plus any applicable VAT. You consent to our right to charge the Buyer and retain beneficially the Premium plus any applicable VAT paid by the Buyer in accordance with our Conditions of Sale and any interest earned on the sale proceeds until the date of settlement.

19 Settlement

Provided that the Buyer has paid for the Lots, we will, usually within thirty days of the auction, pay the net sum due to the Seller by crossed cheque or by arrangement by bank transfer.
If the Buyer has not paid for the Lots, we will not submit payment to you. In this case no settlement will be made, but we will, however, discuss with you the legal rights that we may exercise in relation to a Buyer’s failure to pay.
You must notify us in writing if your bank account details change. We will not be responsible for any payments made to the incorrect bank account if this is because you have not provided us with the correct bank account details.
If we make payments to you in error, we may request reimbursement by sending you an invoice.
We may deduct any sums that you owe to us from the Proceeds.
20 Unsold and Withdrawn Items

If any of your Lots are unsold at auction, you authorise us to negotiate a sale by private treaty within a week of the auction. In this case you will pay to us the same charges as if such Lots had been sold at auction and, so far as appropriate, the terms of this Consignment Agreement will apply to any such sale.
In addition to Clause 20.1, we may, with your consent, reoffer unsold Lots at a future auction (or by private treaty thereafter as set out in Clause 20.1 above) but we may recommend a variation in estimates and/or Reserve . Where, in our opinion, Lots are unsaleable, we will notify you and you must collect such Lots from the saleroom within seven days of the date of our notice to do so. If you fail to collect such Lots promptly, we may charge you reasonable storage charges at a daily rate.
You will pay us a charge of 5 percent of the Reserve or, in the case of a Reserve not having been agreed, the lower estimate for the lot plus VAT on any Lots that are withdrawn from the auction after being catalogued and/or marketed by us prior to the auction in any way.
21 Withdrawal of Lots by us
We may, acting reasonably and at our discretion, at any time withdraw your Lots from our auction:

for legal, reputational or operational reasons (including if you fail to provide evidence to verify your identity or your title to the Lots to our satisfaction);
if we reasonably believe that you may be, or are about to be, in breach of a term/s of this Consignment Agreement; or
if we reasonably believe the Lots to be a Deliberate Forgery.
22 Warehousing

We have no liability for Lots that you deliver to our saleroom without sufficient sale instructions. We reserve the right to charge you a minimum warehousing charge of £2 per lot per day plus VAT.
We will notify you to ask you to remove any of your unsold or withdrawn Lots. Unsold and withdrawn Lots will be subject to the charges as set out in Clause 22.1 above if you do not remove them within seven days of the date of our notification requesting you to do so.
If you do not remove your unsold or withdrawn Lots within thirty days of the date of our notification we may either: sell such Lots and set off charges from any net proceeds of sale; or dispose of such Lots at your expense.
23 Our Liability to You

We will not be liable to you for any loss of opportunity or disappointment suffered as a result of participating in our auction.
Neither we, nor the Buyer, shall be responsible to you and you shall not be responsible to the Buyer or us for any other loss or damage that any of us suffer that is not a foreseeable result of any of us not complying with the Conditions of Sale or this Consignment Agreement. Loss or damage is foreseeable if it is obvious that it will happen or if at the time of the sale of the Lot, we, you and the Seller knew it might happen.
Subject to Clause 23.4, if we are found to be liable to you for any reason (including, inter alia, if we are found to be negligent, in breach of contract or to have made a misrepresentation) our liability will be limited to the Proceeds due for the Lots if sold or the Reserve if unsold.
Notwithstanding the above, nothing in this Consignment Agreement limits the liability of us or our employees or agents for:
death or personal injury resulting from negligence (as defined in the Unfair Contract Terms Act 1977)
fraudulent misrepresentation
any liability which cannot be excluded by law.
24 Notices

All notices between you and us regarding these Terms of Consignment must be in writing and signed by, or on behalf of, the party giving it.
Any notice referred in Clause 24.1 may only be given delivered by hand, by First Class post or by email:
Notices must be sent to our Bourton-on-the-Water saleroom address or to both of these email addresses: [email protected] and [email protected].
Notices will be sent to you, at the last postal and/or email address that you have given to us
Notices will be deemed to have been received
if delivered by hand, on the day of delivery
if sent by First Class post, two business days after posting
if sent by email, at the time of transmission unless sent after 17.00 GMT, in which case they will be deemed to have been received on the next business day
25 Data Protection

Any personal data in relation to you will be held and processed a in accordance with our current privacy policy, a copy of which is available on request.

26 General

Each of the clauses of this Consignment Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
We may change the terms of our Consignment Agreement from time to time, without notice to you. Please read the terms of our Consignment Agreement carefully, as they may be different from the last time you read them.
Except as otherwise stated in the terms of the Consignment Agreement, each of our rights and remedies:
are in addition to and not exclusive of any other rights or remedies under the terms of the Consignment Agreement or general law; and
may be waived only in writing and specifically.
Delay in exercising or the non-exercise of any right under this Consignment Agreement is not a waiver of that or any other right. Partial exercise of any right under the Consignment Agreement will not preclude any further or other exercise of that right or any other right under the Consignment Agreement. Waiver of a breach of any term of this Consignment Agreement will not operate as a waiver of breach of any other term or any subsequent breach of that term.