Buyers: Any person bidding or registering interest on lots at Wimbledon Auctions.
Vendors: The vendor of a lot sold through Wimbledon Auctions.
Conditions of Sale Applicable to Buyers:
1. The buyer is deemed to have accepted these terms and conditions before placing their bid.
2. Wimbledon Auctions are agents that act on behalf of the vendor. The identity of the vendor, for reasons of confidentiality is not disclosed unless express permission is granted by the vendor. The buyer has no right to demand or request information regarding the identity of the vendor.
3. Buyers are encouraged to be registered with us prior to the start of the auction.
4. If a lot has a fixed reserve, the auctioneer shall have the right to bid on behalf of the vendor up to that reserve.
5. All bids are final. The highest bidder shall be the buyer. Any disputes shall be settled at the absolute discretion of the auctioneer.
6. Wimbledon Auctions will try their upmost to make sure descriptions are as accurate as possible. However, Wimbledon Auctions are not responsible for the authenticity, date, origin, period or condition of the lot. This judgement is to be made by the buyer. Measurements of pictures/paintings are inclusive of the work only and do not include the frame. We will answer all condition reports in full, as well as providing photographs and videos on request. Viewings by appointment only.
7. Wimbledon Auctions do not accept returns of any items under any grounds except if a lot is a suspected forgery.
8. Any lot proven to be a deliberate forgery may be returned to us within 14 days of the auction date, provided it is in the same condition as it was when purchased. Provided also that we are satisfied with the evidence given by the buyer which proves this lot is a deliberate forgery, we shall refund the money paid by you along with your buyer’s premium. Returns shall only be made on forgeries if we have explicitly stated in the lot description that we believe it to be a genuine and have sold it as such. As stated clearly in Point 6 above, Wimbledon Auctions are not responsible for discerning a lot’s “authenticity, date, origin, period or condition”.
9. Buyers are responsible for satisfying themselves on the condition of lots and accuracy of description.
10. The Auctioneer’s decision on all points in question shall be final and binding on all parties.
11. All commission bids are accepted only at buyer’s risk. No refunds or allowances shall be made to buyers in respect of any error in description, lot number or maximum bid made by the sender.
12. A commission bid gives the auctioneer the permission to bid on the buyer’s behalf within the maximum bid provided. Wimbledon Auctions will always strive to buy the item at the cheapest price possible, in the absence of any other competitive bids.
13. If there are two buyers who submit identical commission bids that outcompete all other bids, it is to the absolute discretion of the auctioneer which bid is accepted. Usually in this instance, the auctioneer will prefer the buyer who placed their bid first, but there are other factors that may impact the decision. These factors do not have to be disclosed or justified by the auctioneer.
14. If the buyer intends to export goods, it is their responsibility to find out whether an export license is required, and if there are any problematic materials such as ivory. The auctioneer does not undergo these enquiries for them.
15. Certain works by artists will incur an Artist Resale Right royalty charge of 4% when sold with a hammer price of €1000 (approx. £850) or more. This is to be paid by the buyer on top of the hammer price and buyer’s commission. Artist's Resale Right royalties are not subject to VAT. For more information please see: https://www.gov.uk/guidance/artists-resale-right
16. Wimbledon Auctions do not provide a provide a postage and packing service. If a service is provided in exception to this, this is at the buyers own risk.
17. The sale of each lot shall be governed by English Law.
Payment and collection:
1. The buyer shall pay the hammer price plus a premium of 22% + VAT and the buyer ought to acknowledge that the auctioneer may also be receiving some commission from the vendors.
2. Payment is to be made by bank transfer, debit card payment or cash by 5pm on the first Friday after the sale.
3. All lots are to be collected by 5pm on the first Friday after the sale, unless the buyer has contacted the auctioneer to make alternative arrangements and an agreement has been reached. Any alternative agreements depend on the size of the item and are at the entire convenience and discretion of the auctioneer. The auctioneer reserves the right to charge additional storage fees of £5 per item, per business day that the buyer has not collected the item after the allotted time specified.
4. The auctioneer reserves the right to forfeit the buyers purchase have they not paid within 5 business days or contacted to explain otherwise. Exceptions are made entirely at the discretion of the auctioneer.
5. The item in a lot will not be passed to the buyer until he has paid in full the purchase price and any outstanding fees, as stated in the invoice.
6. No buyer is entitled to remove any lot until they have paid for the whole of the Lots purchased in full. If requested to do so the purchaser must supply reasonable means of identification and a receipted account before removing any or all lots.
7. If the lot has not been collected within 28 days of the sale and storage charges have not been paid, the auctioneer reserves the right to sell the item in the next available auction in order to recuperate storage charges.
Conditions of Sale Applicable to Vendors
In these terms, ‘you’ and ‘yours’ refer to the vendor. ‘Us’ or ‘We’ refers to Wimbledon Actions Ltd. If consignment of goods is made by an agent, Wimbledon Auctions Ltd assume that you the seller has authorised the consignment and that the agent is acting under your instruction.
2. Commission and Charges
a. Vendors commission is charged on each lot at 10% +VAT. This commission covers our specialist research, catalogue description, photography, and marketing via our website and the various third-party bidding platforms.
b. There is no lot entry fee for items.
3. Loss and Damage of Goods
a. Wimbledon Auctions Ltd is not authorised by the FSA to provide insurance to its clients and so does not do so. However, Wimbledon Auctions Ltd for its own protection have undertaken insurance on all lots consigned to our premises and assumes liability for property consigned to it at the lower pre-sale estimate or to the reserve if the item was unsold. To justify accepting liability for items on our premises, Wimbledon Auctions Ltd charge the vendor 1.5% of the hammer price plus VAT. Settlement in any claim arising shall be subject to commission as if the lot had sold in the normal manner.
b. If the owner of the goods consigned instructs us in writing not to take such action, the goods shall then remain entirely at the owner’s risk unless and until the property passes to the Buyer or is collected by or on behalf of the owner. We will not compensate for loss or damage to property caused by changes in humidity or temperature, normal wear and tear, gradual deterioration, or inherent defect.
4. Transportation Costs
Items for sale must be consigned to the sale room by any stated deadline and at your expense. We may be able to assist you with this process, but any liability incurred to a carrier for haulage charges is solely your responsibility.
Wimbledon Auctions Ltd shall provide a free standard examination of the vendors items. This does not include further tests and in-depth investigatory research which may incur extra costs. Wimbledon Auctions Ltd may recommend these tests and may be able to undertake this on behalf of the vendor, but such undertakings shall be entirely at the vendor’s expense. We will assume that you have approved the catalogue description of your lots unless informed to the contrary.
The vendor gives the auctioneer the absolute right to photograph any lot placed in their hands for sale and to use such photographs at any time at their absolute discretion (whether in connection with the auction or not).
Estimates are for indicative purposes only, are merely serve as the auctioneer’s opinion at the time of examination of the vendors items. The vendor accepts that any estimates and valuations provided by Wimbledon Auctions Ltd is an opinion only and in no way can be interpreted as a guarantee of the selling price or value of the item. Estimates do not include vendors commission or VAT, and Wimbledon Auctions Ltd shall not be held responsible should the lot not sell within the estimate provided, and in no circumstances can be sale be cancelled by the vendor.
Vendors have the right to place a reserve on any lots consigned to Wimbledon Auctions Ltd, provided that the bottom end of the estimate is greater or equal to £100. There are no reserves on items valued at under £100. Once a reserve is set, it cannot be changed without consent from the auctioneer and written notice must be given one week in advance of the auction date. Where reserves are placed on items consigned, only the auctioneer may bid up to the reserve price only on your behalf and under no circumstances can the vendor bid personally.
Wimbledon Auctions Ltd have absolute discretion to refuse any goods without giving reason, and to withdraw any lot in instance of a dispute. If we are unable to offer the goods at auction, the vendor may be charged storage charges if they are left uncollected.
8. Unsold items
There is no charge for unsold items. Wimbledon Auctions Ltd request that the vendor collects their unsold item within one week of the auction date. Alternatively, the item can be reoffered in the next suitable auction, with the low estimate reduced by 50%. Where the item is unsaleable, Wimbledon Auctions Ltd are able to donate items to charity on behalf of the vendor.
Unsold items that are left uncollected by the vendor for over 10 working days after the auction date and are not being reoffered in the next available auction will be subject to storage charges at a daily rate of £5 per item. If a lot remains uncollected for 21 working days, Wimbledon Auctions Ltd reserves the right to sell the item in the next available auction without reserve and to deduct any storage charges owed from the final total.
9. Withdrawn items
Once an item is consigned to Wimbledon Auctions Ltd and has entered the premises, the vendor accepts that any withdrawn items will be subject to charges of 10% plus VAT of the bottom estimate of the item. This fee covers administration, handling, storage and loss and damage whilst the item was held on our premises. Wimbledon Auctions Ltd will store the withdrawn items for 7 working days without charge. If the item is uncollected after this time, a storage charge will be incurred by the vendor at a daily rate of £5 per item.
10. Authority to Deduct Commission and Expenses and Retain Premium and Interest
a. The vendor authorises us to deduct commission from the hammer price at the agreed rate plus all applicable expenses occurred on your account and consent to our right to retain beneficially the premium paid by the buyer.
b. The vendor authorises us at our discretion to negotiate a sale by private treaty within the agreed reserves in the case of lots unsold at auction, in which case the same charges will be payable as if such lots had been sold at auction.
Settlement of funds due to the vendor will be facilitated within 21 working days after the sale (by bank transfer), provided that the buyer has paid for the items. If the buyer has not paid for the items within this period, the funds will not be transferred, and we will take instruction from you the vendor with regards to reoffering the items in a suitable forthcoming auction.
12. Data Protection
The vendor agrees that personal information transmitted to Wimbledon Auctions Ltd may be disclosed exclusively for the purposes of business, or as required by Law. Wimbledon Auctions Ltd shall not use personal information for any other purpose without the Buyer’s prior consent Wimbledon Auctions Ltd shall never sell, lend, or trade in personal data provided by any Party.
13. Law and Jurisdiction
All aspects of all matters, transactions and disputes shall be governed by and interpreted in accordance with English Law Jurisdiction. For the benefit of Wimbledon Auctions Ltd, all vendors agree that the Courts of England are to have exclusive jurisdiction to settle any disputes arising in connection with all matters or transactions.
14. Conditions of Sale
You agree that all goods will be sold according to our Conditions of Sale. You undertake that you have the right to sell the goods either as owner or agent for the owner. You undertake to compensate us and any buyer or third party for all losses liabilities and expenses incurred in respect of and as a result of any breach of this undertaking.