Open House

TERMS AND CONDITIONS FOR OPEN HOUSE AUCTIONS

  

These conditions of business for Online Auctions consist of:

1.  Information for Buyers

2.  [Terms of Consignment for Sellers ? not detailed here, but can be viewed at www.sworder.co.uk]

3.  Terms of Sale (for Bidders and Buyers)

 

These terms and conditions relate to Open House auctions, where viewing of lots is available at our Stansted Mountfitchet Auction Rooms. Open House auctions operate as a Timed Auction.

 

1. INFORMATION FOR BUYERS AT AUCTIONS

Introduction
The following notes are intended to assist Bidders and Buyers, particularly those that are inexperienced or new to online salerooms. All of our auctions are governed by our Terms and Conditions and any notices that are displayed in our salerooms or on any listing for a Lot in our online auction catalogue. Our Terms and Conditions are available for inspection on our website at www.sworder.co.uk. Our staff will be happy to help you if there is anything in our Terms and Conditions that you do not fully understand.

Please make sure that you read our Terms of Sale carefully before bidding in the auction.  If your bid is successful, you will be obliged to comply with our Terms of Sale.

Methods of payment
Lots must be paid for before they are collected or shipped. Acceptable methods of payment are displayed on our website/online bidding platform. Any cheques will need to be cleared before you can take the Goods away.

Collection and storage
All Lots should be paid for and collected by 5pm on the Friday following the sale. Commission Bidders should check the success of their bids and arrange payment, and collection or shipping within this time. Items not removed by 5pm on Friday may be removed at the purchaser?s expense and storage charges of £10 (plus VAT) for administration and £2 (plus VAT) per Lot per day may be applied.  

Agency
As Auctioneers we usually act on behalf of the Seller whose identity, for reasons of confidentiality, is not normally disclosed. If you buy at auction your contract for the Goods is with the Seller, not with us as Auctioneer.

Estimates
Estimates are designed to help you gauge what sort of sum might be involved for the purchase of a particular Lot. Estimates may change and should not be thought of as the sale Price. The lower estimate may represent the Reserve Price (the minimum Price for which a Lot may be sold) and will not be below the Reserve Price.  Estimates do not include the Buyer?s Premium or VAT (where chargeable). Estimates are prepared some time before the auction and may be altered on the listing for a Lot in our online auction catalogue. They are not definitive.

Buyer?s Premium
The Terms of Sale oblige you to pay a Buyer?s Premium on the Hammer Price of each Lot purchased at 25%. In addition, VAT is charged on these Premiums (see below).

Value Added Tax (VAT)
Items in our online catalogue may be marked with a dagger ? or double dagger ?, which indicates that VAT is payable by the Buyer on the Hammer Price and the Buyer?s Premium at either the standard rate (currently 20%) or a reduced rate (currently 5%), depending upon the legal requirements relating to that Lot.

Lots which do not have either of the above symbols have no VAT payable on the Hammer Price. This is because such Lots are sold using the Auctioneers? Margin Scheme.  The VAT included within the Premium is not recoverable as input tax.

Shipping Costs are liable for VAT and are payable by the Buyer.

If you are exporting the items from the UK, you may be able to claim a reimbursement of the VAT, where:

1. you are using Sworders Delivery service.

In these cases, a zero rated (VAT exempt) invoice can be issued where the following criteria are met:

1. the items are exported within three months of the date of the auction
2. the total amount of VAT payable would exceed £75 per shipment

There is no administrative charge for clients using Sworders Delivery Service.

If you cancel shipping through Sworders Delivery Service, we will reinstate the VAT, which must be paid prior to the release of goods.

1. you arrange shipping through a private logistics company, agent or courier and the following criteria are met:
   1. the invoice is paid in full, including VAT
   2. the items are exported from the UK within three months of the date of the auction
   3. the certificate of shipment and export documents are provided to us within a year of the date of export from the UK
   4. d.      the total amount of VAT to be claimed exceeds £75 (from which you will be deducted a £25 administrative fee)

 

Inspection of Goods by the Buyer
As we act on behalf of the Seller, we are dependent on information provided by the Seller about their Goods. We may inspect Lots and will act reasonably in taking a general view about them. However, we are normally unable to carry out detailed examinations of Lots to check their condition in the way a Buyer would do. You will have opportunity to inspect the Goods. You must inspect and investigate Lots that you might wish to bid for. Please note carefully the exclusion of liability for the description and condition of Lots set out in the Terms of Sale at clauses 17.4 and 17.6.

Condition reports
A condition report for each lot is listed on our website, alongside the item description. Please note that condition reports are a matter of opinion, they are not exhaustive and are a guide only, based on what can be seen to the naked eye, unless otherwise specified, no responsibility is accepted for their accuracy.  Lots will not be removed from frames, cases, or housing, unless specified. We may be able to assist you by sending additional images of a lot, on request.

Shipping of Goods

We offer a delivery service for Lots purchased, either by shipping ourselves, in partnership with Bradleys Shipping Service, or use of a third-party logistics company. Estimates for Shipping Costs for smaller items may be calculated pre-sale on our website under each Lot and are based on value, size and your chosen UK destination. For items purchased the actual cost can be added to your account and paid online after the sale. If you purchase multiple Lots from the same auction, we will combine packaging/deliveries to reduce the Shipping Costs. Lots for which Shipping Costs cannot be automatically calculated, such as furniture, you can obtain a bespoke Shipping Cost from our website to any destination in the world after you have purchased the Lot, by clicking the link in your invoice.

Estimates of Shipping Costs on our website are based on the low estimate, however, these are subject to change where the method for delivery of Lots changes.

Electrical Goods
These are sold as ?antiques? only for their historic or decorative attributes. If you buy electrical Goods for use, you must ask a qualified electrician to check them for compliance with safety regulations before you use them.

Restricted Items

We do not sell items that are prohibited under UK legislation from sale.

The sale of lots containing ivory from Elephants, hippopotamus, narwhal, killer whale, and sperm whale are banned, subject to some exemptions. For goods that contain ivory, you should satisfy yourself that they are correctly registered or certified and meet the exemption criteria as set out in applicable legislation.

If you intend to export goods that may fall to be a protected species, or one that requires to be registered or listed as exempt, you should find out:

1. whether you need an export licence
2. if there is a prohibition on the export of goods of that nature outside of the UK or on the import of goods into your intended country, for example, if the goods contain prohibited materials such as ivory or protected fauna and flora

Post-1950 Upholstered Furniture
All items of furniture included in a sale are offered for sale as works of art. The items may not comply with the Furniture and Furnishings (Fire) Safety Regulations 1988 and for this reason, they should not be used in a private dwelling.

Furniture made of Brazilian Rosewood (Dalbergia nigra)
To comply with CITES Regulations on Post-1947 furniture made of Brazilian Rosewood, all post-war rosewood furniture items must have an Article 10 certificate in place, prior to being offered for sale.

If you are purchasing rosewood furniture for commercial purposes and not solely for your own use, CITES regulations require you to obtain your own certificate. You would need to contact the Animal and Plant Health Agency (APHA) and, as part of the process of obtaining your document, it is a requirement that you have seen sight of the Sworders? certificate or are aware of its reference number.

It is therefore the responsibility of commercial Buyers to ensure that they obtain a copy of the appropriate certificate, or the certificate reference number, after purchase from Sworders Fine Art Auctioneers. Items are marked with this sign §.

Bidding
If you are bidding on SwordersTIMED, you will need to create an account with us, before registering to bid in our Open House auction.  We recommend that Bidders register with us before the auction starts. We Reserve the right to impose a deadline prior to the auction by which you must register. If you wish to bid on high value Lots this deadline may be several days before the auction to allow us sufficient time to carry out the necessary checks. Lots will be invoiced to the name and address as registered for bidding. You may need to provide us with proof of your identity in a form acceptable to us and such other information as we may require. Please note that we may cancel your registration with us if you do not provide us with all the information and documentation that we ask for or at our discretion.

Artist's Resale Right

Lots marked with a ? indicate the item is subject to additional Artist?s Resale Right charges.

Financial Checks
As auctioneers we may have to conduct various checks into our customers under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (as amended), under sanctions legislation and other related legislation.

If you are successful in your bid, and your hammer total is in excess of £6,000.00, you may need to provide the documentation, as set out below, unless we confirm we already have this information from you:

1. For individuals

1.a.1.    official photo identification (driving licence, passport or equivalent); and

1.a.2.    proof of address (less than three months old)

1. For corporate entities

1.b.1.   the certificate of incorporation (or equivalent) with the entity?s official name, registered number (if any) and registered address

1.b.2.   details and ID documentation for directors and beneficial owners of the entity

1. For trusts and estates

1.c.1.    details and ID documentation for executors/trustees; and

1.c.2.    details of beneficiaries and settlor

We may ask you for further information if we deem this necessary. We may use third party software, to enable you to provide us with your identification documents, to verify your identity and ensure compliance with our legal responsibilities. 

If you are bidding for another person (your ?principal?) you will be required to provide the above information for yourself and your principal, along with a signed letter from your principal authorising you to bid on his/her behalf.

If we deem that you have not provided sufficient information for us to complete our anti-money laundering, terrorist financing and sanctions checks to our satisfaction, we may refuse to register you to bid and we may postpone completion of, or cancel, any contract made by you and the Seller in the event you have made a successful bid.

 

2. TERMS OF CONSIGNMENT FOR OPEN HOUSE AUCTIONS

Not detailed here, but can be viewed at www.sworder.co.uk

 

3. TERMS OF SALE FOR OPEN HOUSE AUCTIONS

Please note that if you register to bid in our Open House auction, this signifies that you agree to and will comply with these Terms of Sale.

These Terms of Sale relate to Open House auctions.  We have separate terms for specialist sales, and timed online only auctions where no viewing is available.

1. Definitions and interpretation
1.1 To make these Terms of Sale for Open House Auctions easier to read, we have given the following words a specific meaning:

?Auctioneer?	means GES & Sons Ltd trading as Sworders Fine Art Auctioneers, a company registered in England and Wales with registration number 6858916 and whose registered office is located at Cambridge Road, Stansted Mountfitchet, Essex, CM24 8GE or its authorised Auctioneer, as appropriate
?Art Market Participant?	means an art market business registered with HMRC under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017
?Bidder?	means a person who places a bid for Goods in our auction
?Bidding Platform?	means the bidding platform on which the online auction is held operated by the Auctioneer, or by a third-party service provider on the Auctioneer?s behalf
?Bidding Platform Fee?	means the fee equal to a % of the hammer price charged on the sale of a Lot, as advertised on the bidding platform on which the online auction is held, operated by a third-party service provider
?Buyer?	means the person who makes the highest bid for the Goods accepted by the bidding platform at the closing of the Lot
?Commission?	means the Commission that we charge a vendor on the sale of their Goods
?Contract?	means the contract between the Seller and you, referred to at Clause 8 below
?Consumer?	means an individual acting for purposes which are wholly or mainly outside that individual?s trade, business, craft or profession
?Consumer Contracts Regulations?	means the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
?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
?FCA?	means the Financial Conduct Authority
?Goods?	means the Goods that you consign to us for sale in our auction
?Hammer Price?	means the highest bid for a Lot accepted by the Auctioneer and recorded in the auctioneer?s sale book
?Independent Bidding Platform?	means an online bidding platform or service that is independent from us and has an arrangement with us to permit a bidder to review lots and to bid in our auctions, using their platform or service
?Listing?	means a listing of Goods for sale on our Website or a Bidding Platform
?Lots?	means the goods we offer for sale at our auctions
?Money Laundering Legislation?	means the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 and related legislation, together with any applicable terrorist financing legislation and legislation on restrictive measures
?Premium?	means the Premium charged to the Buyer on the sale of the goods in accordance with the Terms of Sale for Open House Auctions
?Price?	means the total of the Hammer Price, Premium, Shipping Costs (if applicable) and any applicable VAT
?Principal?	means a person or entity you are acting on behalf of for the purposes of the consignment of the goods to the Auctioneer
?Proceeds?	means the price less the Commission, the Premium, Shipping Costs, any expenses incurred to your account and any applicable VAT
?Reserve?	means the minimum Price at which the goods may be sold;
?Restrictive Measures?	means economic or financial sanctions, export controls, embargoes or any other restriction on trade under the laws of the European Union, the United Kingdom or the United States, or in the jurisdiction in which you, your Principal, or any agent acting for you does business
?Sale Proceeds?	means the net amount due to the seller
?Seller?	means the owner of the goods and any agent who consigns the Goods for sale on the owner?s behalf (if applicable)
?Services?	means the auction-related services that we agree to provide you, including the maintaining of the Website with descriptions of the Lot(s), the provision of an online platform enabling buyers to participate in our online auctions, the coordination of your potential purchase, via such online auction and/ or storage and warehousing services
?Shipping Costs?	means the charges applied to the shipping of all Goods purchased, should the Buyer ask for Sworders shipping agent to deliver the Goods (if applicable)
?Terms of Consignment for Open House Auctions?	means the terms on which we agree to offer Lots for sale in our Open House auctions, as agents on behalf of the seller
?Terms of Sale for Open House Auctions?	means the Terms of Sale for Bidders or Buyers in our Open House auctions
?Total Amount Due?	means the Hammer Price for a lot, the Premium, any bidding platform fee, if appropriate, any Artist Resale Right royalty due, any VAT due and any additional charges payable by a defaulting buyer under the Terms of Sale for Open House Auctions
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 Trader?s behalf (such as an agent and/or the Auctioneer)
?VAT?	means any value added tax or equivalent sales tax
?Website?	means our Website available at www.sworder.co.uk

 

1.2 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 stated otherwise.

2. Information that we are required to give to Consumers

2.1 A description of the main characteristics of a Lot is contained in the Listing for that Lot. 

2.2 Our name, address and contact details as set out herein or on our Website.

2.3 The technical means for concluding the contract to buy Lots are set out in Clause 3.

2.4 The Price of the Goods and arrangements for payment as described in Clauses 4, 5, 7 and 10.

2.5 The arrangements for collection or delivery of the Goods as set out in Clauses 11 and 12.

2.6 Your right to return a Lot and receive a refund if the Lot is a Deliberate Forgery as set out in Clause 16.

2.7 We have a legal duty to supply Lots to you in accordance with these Terms of Sale.

2.8 If you have any complaints, please send them to us directly at auctions@sworder.co.uk.

2.9 We refer you to your warranties as a Bidder and Buyer as set out in Clause 6.

3. Bidding procedures and the Buyer
3.1 You must register your details with us by logging on to our website or the bidding platform before bidding, and provide us with any requested proof of identity and billing information.

3.2 You must also satisfy any security arrangements we have in place before using our online bidding platform to bid on any Lot.

3.3 Your contract with us for the Services will be formed when you register your details to bid in our Online Open House auction and we send you confirmation of the information, as set out in Clause 2.

3.4 The Bidder placing the highest bid for a Lot accepted at the time the specific Lot closes, will be the Buyer at the Hammer Price. Any dispute about a bid will be settled at our discretion. We will act reasonably when deciding how to settle any dispute.

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 refuse to accept any bid if it is reasonable for us to do so.

3.7 Bidding increments will be at our sole discretion (but will be in line with standard auction practice).

3.8 If you participate in the auction using the services of an Independent Bidding Platform, other than SwordersTIMED, you will incur an additional fee or additional commission payable to that platform. We will collect this fee as part of the Total amount due if you are successful in your bid.

4. The purchase Price
4.1 As the Buyer, you will pay:
a. the Hammer Price;
b. a Premium of 25% plus VAT of the Hammer Price;
c. any Artist?s Resale Right royalty payable on the sale of a Lot;

d. any bidding platform fee payable on a Lot; and
e. any VAT due.

5. Value Added TAX (VAT)
5.1 As the Buyer, you shall be liable for the payment of any VAT applicable on the Hammer Price, Premium and Shipping Costs (if applicable) due for a Lot at the appropriate rate prevailing by law at the date of the auction. Please see the symbols used in the online auction catalogue for that Lot and the ?Information for Buyers? for further information. Please see 5.6 for the conditions to be fulfilled before the VAT charged on the Hammer Price may be cancelled or refunded upon exporting from the UK.

5.2 Lots affixed with (?): VAT on the Hammer Price and Buyer?s Premium is imposed on all items affixed with a dagger (?). This imposition of VAT maybe because the Seller is registered for VAT within the UK and is not operating under a Margin Scheme.

5.3 Lots affixed with (?): A reduced rate of Import VAT on the Hammer Price of 5% is payable. This indicates that a Lot has been imported from outside the UK.

5.4 Lots affixed with [?]: Standard rate of 20% of Import VAT on the Hammer Price and premium is payable. This applies to items that have been imported from outside the UK and do not fall within the reduced rate category.

5.5 Lots affixed with [?] or ? when these lots are released to buyers in the UK, the buyer will become the importer and must pay Sworders the import VAT at the rates noted above on the hammer price. The buyer should also note that the appropriate rate will be that in force on the date of our release and not that in force at the date of auction or payment.

5.6 Export from the UK: For lots offered under the VAT Margin Scheme and lots with [?] or ? symbols attached, you may be eligible to have a VAT refund in certain circumstances if the lot is exported. Should you show us proof of export within three months of collection a VAT refund may be arranged. No VAT amounts will be refunded where the total refund is under £75. Bank/transfer charges relating to any refund will be borne by the buyer and will not be reimbursed. Please note that all customs formalities of the destination country are the responsibility of the buyer

6. Buyer Warranties

6.1 You warrant, and where you are acting on behalf of someone else, you will procure that your Principal warrants, that:

6.1.1 the funds to be used for the purchase of the lot(s) are not connected with, nor derived from, any criminal activity, including without limitation tax evasion, money laundering or terrorist financing;

6.1.2 neither you, or an agent acting for you, nor your Principal, are to the best of your knowledge either under investigation, nor have you been charged with or convicted of without limitation tax evasion, money laundering, terrorist financing or other criminal activities; and

6.1.3 neither you, nor any agent acting for you, nor your Principal, are subject to restrictive measure or owned, partly owned or controlled by person(s) subject to such restrictive measures.

6.2 Where you are bidding on behalf of another person and you are an Art Market Participant, you warrant that:

6.2.1 you have conducted appropriate customer due diligence on the ultimate Buyer of the goods, in accordance with all applicable Money Laundering Legislation

6.2.2 upon request, you will provide us, or any independent third-party auditor (employed at our cost), with any identification and any other relevant documents you have obtained for customer due diligence purposes on the ultimate buyer of the goods

6.2.3 you consent to us relying on this due diligence; and

6.2.4 you will retain for a period of not less than five years the documentation evidencing the due diligence

6.3 Where you are acting on behalf of another person and you are not an Art Market Participant, you warrant that you will provide accurate and complete information about your Principal to us.

7. Bid confirmation process

7.1 Once we have received your successful bid on a lot, you will receive an automated confirmation of bid. Please note, this does not mean that your bid was successful in purchasing the Lot or that a contract has been made with the seller. Should you be outbid, prior to closure of the Lot, you will receive an automatic email informing you of this, which gives you the option to increase your bid.

7.2 If you are the highest bidder once a Lot has closed, you will receive an automated notification of your bid(s) ? a Bid Results email. The Lot will be ready for you to collect at the given location following our receipt of the total amount due from you in cleared funds. The contract between the Seller and you (the ?Contract?) will only be formed when we send you confirmation of your bid results. Your automated confirmation will include the following information:

7.2.1 the auction name/ auction number/ auction date

7.2.2 the lot number you have bid on and a description of the lot

7.2.3 the hammer price for the lot(s)

 

7.3 We will send you a further email which includes your invoice and details setting out how you can pay for your items. The email will include:

7.3.1 the auction name/ auction number/ auction date

7.3.2 a link to your invoice

7.3.3 details about how you can pay online for your lots

7.3.4 information about Sworders Shipping Service and collection of your items

7.3.5 a link to Sworders Terms and Conditions for Open House Auctions

 

7.4 Your invoice will include the following information:

 

7.4.1 the auction name/ auction number/ auction date

7.4.2 the lot number you have bid on and a description of the lot

7.4.3 the hammer price for the lot that you have successfully bid for plus the Premium, and Artist Resale Rights and any applicable VAT

7.4.4 the cost of shipping ? if you have chosen to use Sworders Delivery Service

7.4.5 information about how to pay

7.4.6 a link to Sworders Terms and Conditions for online auctions

7.4.7 our address and contact details

7.5 The Lot will be ready for you to collect at the given location following our receipt of the Total Amount Due from you in cleared funds. You must pay for and collect your Lots within four days of your successful bid or must arrange for the collection of your Lots within this time. If you do not pay for and collect your Lots within two weeks of the date of the sale, the Lots will be reoffered for sale on your behalf. In these cases, we reserve the right to offer all lots without reserve.

 

7.6 We reserve the right to cancel the Contract on behalf of the Seller in (amongst others) the following situations, without being liable for any damage or costs:

7.6.1 your contact or billing information is not correct or not verifiable;
7.6.2 your bid is flagged up by our security systems as an unusual bid or a bid susceptible to fraud;

7.6.3 You have failed to provide us, on request, with proof of your identity, in a form acceptable to us (and any other information that we require to comply with our anti-money laundering obligations); or
7.6.4 your payment is not received within four days of your successful bid.

8. The contract between you and the Seller
8.1 As set out at Clause 7 above, we will confirm acceptance of your successful bid for a Lot by sending you a bid confirmation email. The contract for the purchase of the Lot between you and the Seller will be formed when we send you the bid results email, unless due diligence information required by us under the Money Laundering Regulations in accordance with our internal procedure remains outstanding, in which case the contract will be formed when that information is accepted by  us as complete.

8.2 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.

8.3 If you breach these Terms of Sale, you may be responsible for damages and/or losses suffered by a Seller or us. If we are contacted by a Seller who wishes to bring a claim against you, we may at our discretion provide the Seller with information or assistance in relation to that claim.

8.4 We 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 Lot).

8.5 In addition to any other rights we may have to cancel a contract for sale under these Terms of Sale, we may delay completion of a sale, delay the release of a Lot or cancel the sale of a lot in the event:

8.5.1 you are in breach of your warranties as set out in clause 6;

8.5.2 we have not completed our enquiries pursuant to the Money Laundering Legislation to our satisfaction;

8.5.3 we have reason to believe that the transaction might be unlawful for any reason or that the sale might put us under a civil or criminal liability.

9. Data check

When you submit a successful bid, we may run some checks on it before it is fulfilled. These checks may include verifying your address, creditworthiness, and checking for fraud. As to the latter, we run partly automated checks on all bids to filter out unusual or suspect transactions, or transactions which can be identified as susceptible to fraud. Suspected fraud on our Open House auctions will be investigated and if necessary prosecuted. By submitting your bid, you agree to this.

10. Payment
10.1 Immediately following your successful bid on a Lot you will:

10.1.1 If requested, 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 to comply with our anti-money laundering obligations); and

10.1.2 pay to us the total amount due in any way that we agree to accept payment.

10.1.3 pay in full the Shipping Costs prior to the Goods being shipped, should you agree to Sworders shipping agent delivering the Goods.

10.2 If you owe us any money, we may use any payment made by you to repay these debts. 

11. Title and collection of purchases
11.1 You are bound by the contract for the purchase of a lot at the recording of the winning bid, however, the transaction is not complete, and ownership will not pass to you, and you may not claim or collect a Lot until you:

11.1.1 have paid us the total amount due, including any additional charges, in cleared funds; and

11.1.2 you have provided us with the information, and we have completed our enquiries, in relation to our responsibilities under Money Laundering Legislation

11.2 You will (at your own expense) collect any Lots that you have purchased and paid for not later than 5pm on the Friday following the auction, or such later date as is specified on our Website or agreed with us subsequently.

11.3 If you agree to using Sworders delivery service, only when the full Shipping Costs have been paid will the Goods be dispatched.  We reserve the right that some Lots will not be suitable for an automated shipping estimate and will require bespoke quotes from the shipping agent.

11.4 If you do not collect the Lot within the time period under Clause 11.2, you will be responsible for any reasonable removal and storage charges in relation to that Lot. 

11.5 Risk of loss or damage to the Lot will pass to you when you (or your agents) take physical possession of the Lot.

11.6 If you do not collect the Lot that you have paid for within thirty days after the auction, we may sell the Lot. We will pay the Proceeds of any such sale to you but will deduct any storage charges or other sums that we have incurred in the storage and sale of the Lot. We reserve the right to charge you a selling Commission at our standard rates on any such resale of the Lot.

12. Remedies for non-payment or failure to collect purchases
12.1 Please do not bid on a Lot if you do not intend to buy it.  If your bid is successful, these Terms of Sale will apply to you.  This means that you will have to carry out your obligations set out in these Terms of Sale.  If you do not comply with these Terms of Sale, we may (acting on behalf of the Seller and ourselves) pursue one or more of the following measures:

12.1.1 take action against you for damages for breach of contract

12.1.2 reverse the sale of the Lot to you and/or any other Lots sold by us to you

12.1.3 resell the Lot by auction or by 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 9.7).  Please note that if we sell the Lot for a higher amount than your winning bid, the extra money will belong to the Seller

12.1.4 remove, store and insure the Lot at your expense

12.1.5 if you do not pay us within four business days of your successful bid, we may charge interest at a rate not exceeding 1.5% per month on the total amount due

12.1.6 keep that Lot or any other Lot sold to you until you pay the total amount due, including Shipping Costs where applicable

12.1.7 reject or ignore bids from you or your agent at future auctions or impose conditions before we accept bids from you; and/or

12.1.8 if we sell any Lots for you, use the money made on these Lots to repay any amount you owe us.

12.2 We will act reasonably when exercising our rights under Clause 12.1.  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.

13. Health and safety
Although we take reasonable precautions regarding health and safety, you are on our premises at your own risk.  Please note the lay-out of the premises and security arrangements. Neither we nor our employees or agents are responsible for the safety of you or your property when you visit our premises, unless you suffer any injury to your person or damage to your property as a result of our employees? or our agents? negligence.

14. Seller Warranties
14.1 The Seller warrants to us and to you that:

14.1.1 the Seller is the true owner of the Lot for sale or is authorised by the true owner to offer and sell the Lot at auction;

14.1.2 the Seller is able to transfer good and marketable title to the Lot to you free from any third-party rights or claims; and

14.1.3 as far as the Seller is aware, the main characteristics of the Lot set out in the online auction catalogue are correct.

14.2 If, after you have placed a successful bid and paid for a Lot, any of the warranties above are found not to be true, please notify us in writing. Neither we nor the Seller will be liable to pay you any sums over and above the total amount due and we will not be responsible for any inaccuracies in the information provided by the Seller except as set out below.

14.3 Save as expressly set out above, all other warranties, conditions or other terms which might have effect between the Seller and you, or us and you, or be implied or incorporated by statue, common law or otherwise are excluded.

15. Descriptions and condition
15.1 Our descriptions of the Lot will be based on: (a) information provided to us by the Seller of the Lot (for which we are not liable); and (b) our opinion (although it is likely that we will not be able to carry out a detailed inspection of each Lot).

To Note: The actual colour of a Lot may vary from images in the auction catalogue or online listing.

15.2 Representations or statements by us as to authorship, genuineness, origin, date, age, provenance, condition or estimated selling price involve matters of opinion. We undertake that any such opinion will be honestly and reasonably held and accept liability for opinions given negligently or fraudulently, but not otherwise.

15.3 Please note that many of the Lots that you bid on in our auction are second-hand and Lots are unlikely to be in perfect condition. Lots are sold ?as is? (i.e. as you see them online at the time of the auction). Neither we nor the Seller accept any liability for any condition issues affecting a Lot if such issues are included in the description of the Lot in the Listing, are included in the condition report for the lot, or are revealed by photographs of the Lot appearing on the Listing.

15.4 Restricted Items containing Ivory

15.4.1 The sale of lots containing ivory from Elephants, hippopotamus, narwhal, killer whale, and sperm whale are banned, subject to some exemptions. In these cases, where these items are offered for sale, we rely on information provided to us by the Seller confirming that the item satisfies the relevant legal exemptions. We will display the Ivory Declaration Submission Reference relating to the application for exemption in the Lot description. 

15.5 Post 1950 Upholstered Furniture
15.5.1 All items of furniture included in a sale are offered for sale as works of art and may not comply with the Furniture and Furnishings (Fire) Safety Regulations 1988; for this reason, they should not be used in a private dwelling.

15.6 Furniture made of Brazilian Rosewood (Dalbergia nigra)
15.6.1 To comply with CITES Regulations on Post-1947 furniture made of Brazilian Rosewood, all post-war rosewood furniture will have an Article 10 certificate in place, prior to being offered for sale and we will display the Certificate Number in the information for each lot. These items are marked with this sign §.

15.6.2 If you are purchasing rosewood furniture for commercial purposes and not solely for your own use, CITES regulations require you to obtain your own certificate. You would need to contact the Animal and Plant Health Agency (APHA) and, as part of the process of obtaining your document, it is a requirement that you have seen sight of the Sworders? certificate or are aware of its reference number.

15.7 Electrical items 

15.7.1 Lots with electrical components are sold as ?antiques? only for their historical or decorative attributes and for display purposes only. If you buy electrical Goods for use, you must ask a qualified electrician to check them for compliance with safety regulations before you use them.

15.8 Fire Safety

15.8.1 All items of furniture are sold as a Collector?s item, for display purposes and are not supplied for use. Such lots may not comply with the Furniture and Furnishings (Fire) Safety Regulations 1988 and for this reason, you must first ensure that they are refurbished and rendered compliant with any applicable furniture and safety regulations.

16. Deliberate Forgeries
16.1 You may return any Lot which is found to be a Deliberate Forgery to us within twelve months of the auction provided that you return the Lot to us in the same condition as when it was released to you, accompanied by a written statement identifying the Lot from the relevant catalogue description and a written statement of defects. 

16.2 If we are reasonably satisfied that the Lot is a Deliberate Forgery, and it has been returned to us within the specified time, in the condition in which it was released to you, we will refund the money paid by you for the Lot (including any Premium and applicable VAT).  You will have no right to a refund under this clause if:

16.2.1 the catalogue description reflected the accepted view of experts as at the date of the auction; or

16.2.2 you personally are not able to transfer good and marketable title in the Lot to us.

16.3 If you have sold the Lot to another person, we will only be liable to refund the Price that you paid for the Lot.  We will not be responsible for repaying any additional money you may have made from selling the Lot.  Your rights under this clause are given to you as a Buyer in our auction; they are not given to, and may not be transferred or assigned to, any third party.

16.4 Your right to return a Lot that is a Deliberate Forgery does not affect your legal rights and is in addition to any other right or remedy provided by law or by these Terms of Sale.

17. Our disclaimers and liability to you

17.1 The Website and the Bidding Platform are provided by us or our service providers without any warranties or guarantees. All users of our Website and/or the Bidding Platform bear the risks associated with the use of the internet.

17.2 Both our Website and the Bidding Platform provides content from users, internet sites or resources. While we try to ensure that material included on our Website and/or the Bidding Platform is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. Except as expressly set out herein, we will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems users may experience with the Website and/or the Bidding Platform. If we are informed of any inaccuracies in the material on our Website or the Bidding Platform we will attempt to correct the inaccuracies or ask our service providers to do so as soon as we reasonably can.

17.3 You acknowledge that the Website and the Bidding Platform are provided as is for public use, subject to registration. Registration is free of charge and as such we have no responsibility to users of our Website and/or the Bidding Platform for any downtime or errors on our Website or the Bidding Platform. If, because of errors on our Website and/or the Bidding Platform an auction cannot be completed, our only responsibility to you is to enable Sellers to re-list Goods once our Website and/or the Bidding Platform is back up. In particular, we will not be liable for any loss of opportunity or disappointment suffered as a result of participating in our online auction. We will not be liable for any loss of opportunity or disappointment suffered as a result of participating in our online auction.

17.4 In addition, neither we nor the Seller shall be responsible to you, and you shall not be responsible to the Seller, or us for any loss or damage any of us suffer that is not a foreseeable result of any of us not complying with the Terms and Conditions for Open House auctions. 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.

17.5 Lots are sold as antiques for their decorative attributes rather than for use, and are often of considerable age and uncertain manufacture; neither we, nor the seller, accepts liability for loss or damage to Lots, or any other loss or damage that is caused by, or results from, any inherent vice or defect affecting the Lots.

17.6 Subject to Clause 16.4, if we are found to be liable to you for any reason (including, amongst others, if we are found to be negligent, in breach of contract or to have made a misrepresentation), our liability will be limited to the total purchase Price paid by you for any Lot.

17.7 Notwithstanding the above, nothing in these Terms of Sale for Open House Auctions limits the liability of us or employees or agents for:

17.7.1 death or personal injury resulting from negligence (as defined in the Unfair Contract Terms Act 1977);
17.7.2 fraudulent misrepresentation; or
17.7.3 any liability which cannot be excluded by law.

18. Notices
18.1 All notices between you and us regarding these Terms of Sale for Open House Auctions must be in writing and either from your registered email address, our email address, or if in hard copy letter, signed by or on behalf of the party sending it.

18.2 Any notice referred in Clause 18.1 may be given:

18.2.1 by delivering it by hand; or
18.2.2 by first class pre-paid post or recorded delivery; or
18.2.3 by email

18.3 Notices must be sent:

18.3.1 by hand or registered post;
a. to us, at our address set out in these Terms of Sale for Open House Auctions or at our registered office address appearing on our Website; and
b. to you, at the last postal address that you have given to us as your contact address in writing; or

18.3.2 by email:

a. to us, by sending the notice to the following email address: auctions@sworder.co.uk
b. to you, by sending the notice to any email address that you have given to us as your contact email address in writing.

18.4 Notices will be deemed to have been received:

18.4.1 if delivered by hand, on the day of delivery;
18.4.2 if sent by first class pre-paid post or recorded delivery, two business days after posting, exclusive of the day of posting; or
18.4.3 if sent by email, at the time of transmission unless sent after 18.00 in the place of receipt in which case they will be deemed to have been received on the next business day in the place of receipt

18.5 Any notice or communication given under these Terms of Sale for Open House Auctions will not be validly given if sent by fax, any form of messaging via social media or text message (including WhatsApp).

19. Data Protection
19.1 We respect your privacy and are committed to protecting your personal data. We do not share your data unless there is a business, or legal reason for us to do so.

19.2 We reserve the right, where we deem we are required for regulatory purposes, to reveal your identity and contact details (and those of your Principal) to the Seller).

19.3 In agreeing to these terms of sale, you agree that, should you decide to use Sworders delivery service, we may share relevant personal data that we hold with the shipping agent to allow effective communication between the shipping agent and you, and to enable delivery

19.4 We will hold and process any personal data in relation to you in accordance with our privacy policy, a copy of which is available on our Website.

20. General
20.1 We may, acting reasonably, refuse to allow you to bid in our Open House auction.

20.2 We act as an agent for our Sellers. The rights we have to claim against you for breach of these Terms of Sale may be used by us, our employees or agents, or the Seller, its employees or agents, as appropriate. Other than as set out in this Clause, these Terms of Sale are between you and us and no other person will have any rights to enforce any of these Terms of Sale.

20.3 We may use special terms in the Listing for particular Lots.  You must read these terms carefully along with any glossary provided on our Website or the online listing.

20.4 Each of the clauses of these Terms of Sale 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.

20.5 We may change these Terms of Sale from time to time, without notice to you. Please read these Terms of Sale carefully, as they may be different from the last time you read them.

20.6 Except as otherwise stated in these Terms of Sale, each of our rights and remedies: (a) are in addition to and not exclusive of any other rights or remedies under these Terms of Sale or general law; and (b) may be waived only in writing and specifically.  Delay in exercising or non-exercise of any right under these Terms of Sale is not a waiver of that or any other right.  Partial exercise of any right under these Terms of sale will not preclude any further or other exercise of that right or any other right under these Terms of Sale.  Waiver of a breach of any term of these Terms of Sale will not operate as a waiver of breach of any other term or any subsequent breach of that term.

20.7 These Terms of Sale 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.

These terms are based upon the recommended terms of sale by the Society of Fine Art Auctioneers and Valuers.

 

updated September 2025