Day 2 - The Summer Fine Interiors Auctions

1. Introduction and Important Notices 1.1 These Terms and Conditions (hereinafter referred to as "Terms") govern the sale of items at Hutchinson Scott Auctioneers (hereinafter referred to as "Auction House"), whether by auction, private sale, or other means. By participating in any sale, you agree to be bound by these Terms. 1.2 These Terms apply to all buyers, sellers, and third parties involved in any transaction conducted by the Auction House. 1.3 The Auction House sells as agents for the seller and, as such, is not responsible for any default by seller or buyer. 1.4 Any representation or statement by the Auction House in any catalogue as to ownership, attribution, genuineness, origin, date, age, provenance, condition or estimated selling price is a statement of opinion only, and the Auction House, their servants or agents hereby disclaim responsibility for the correctness of such opinions. 1.5 Hutchinson Scott Ltd, at its absolute discretion, has the right to refuse admission to its premises or attendance at its auctions by any person. 2. Definitions 2.1 "Buyer" refers to the person, firm, or company placing the highest bid accepted by the Auction House at the auction or purchasing any item through a private sale, plus all applied commission charges. 2.2 "Seller" refers to the person, firm, or company offering items for sale through the Auction House, who, up until the item is sold to the Buyer or returned to the Seller, confirms their ownership of all goods consigned. 2.3 "Lot" refers to any item or group of items offered for sale. 2.4 "Hammer Price" refers to the highest bid accepted by the Auction House. 2.5 "Reserve Price" refers to the minimum price a Seller is willing to accept for a Lot. 2.6 "Sale Proceeds" refers to the net amount due to the seller being the hammer price of the lot sold, less commission at the agreed rate and any other amounts due to the Auction House from the seller. 3. Auctioneer's Discretion 3.1 The Auction House has the sole discretion to accept or reject any bid. 3.2 The Auction House reserves the right to withdraw, consolidate, or divide any Lot at any time before the sale. 3.3 The Auction House may cancel the sale or reoffer a Lot in the event of a dispute. 4. Bidding 4.1 All bidders must register prior to the auction and provide valid identification and payment details. 4.2 The Auction House may refuse to accept any bid from any person at their sole discretion. 4.3 At the fall of the hammer, the highest bidder shall be deemed the Buyer and to have purchased the lot, entering into a legally binding contract with the vendor of that lot. The Auction House acts solely as an agent for the vendor and accepts no liability for default by either the buyer or the vendor. The buyer is obligated to pay the full amount due in accordance with the terms outlined in this agreement. 4.4 Bids may be placed in person, by telephone, in writing, or through online bidding platforms approved by the Auction House. 4.4.1 Any person unable to attend the auction may request the Auction House to bid on their behalf. This service is free of charge. Bidding forms will be available so that clients may complete these fully. These should be handed in at Reception. Commission bidders are urged to ascertain whether or not they have been successful on the day of the sale. Lots will be purchased by the Auction House on behalf of the commission bidder for the lowest price allowed by other bids and/or reserves, if any, up to and including their maximum bid amount recorded. The Auction House cannot accept responsibility for any neglect or default in executing or failing to execute commission bids or where a bidding slip has been completed incorrectly. We urge commission bidders, therefore, to ensure that the correct lot number(s) and price(s) are recorded on their bidding forms. 4.4.2 Any person unable to attend the auction may request to bid on a specific lot by telephone. This facility is only available by prior arrangement with the Auction House, is dependent on the availability of telephone lines, and is only available on lots carrying a lower estimate of at least ?300 (e.g. catalogue estimate ?300-500). The Auction House cannot accept responsibility for any neglect or default in executing or failing to execute telephone bids. 4.5 Bidders new to the salerooms will be required to complete a paddle registration form available at the Reception of the Auction House and will be required to present proof of identity, proof of address and details of a valid debit or credit card in their name, which details may be retained on file by the Auction House and used to secure payment for purchased lots. The Auction House will not accept bids from a bidder in the room who has not registered for a paddle number. 4.6 By participating in an auction, the bidder agrees to be bound by Hutchinson Scott Ltd.?s Terms and Conditions. Any buyer acting for any person who is not bidding shall be jointly and severally liable with that person for satisfaction of all arising obligations and liabilities, with the exception of the Auction House where they are acting on behalf of a commission or other bidders. 4.7 The bidding increments will be at the sole discretion of the Auction House but will mainly follow the table below: From To Increment 0 100 5 100 200 10 200 500 20 500 1,000 London (20,50,80) 1,000 1,500 50 1,500 3,000 100 3,000 10,000 200 10,000 20,000 500 20,000 30,000 1,000 30,000 50,000 2,000 50,000 + London (200,500,800) 4.8 Online Bidding. New bidders will be required to submit valid debit or credit card information along with verification of identity and address when registering for live bidding through one of the Auction House's numerous online bidding platforms. These platforms carry an extra premium as detailed in the table below: Bidding Platform Surcharge (plus VAT) Hutchinson Scott Live (hutchinsonscott.co.uk) 3% the-saleroom.com 5% invaluable.com 5% Liveauctioneers.com 5% Drouot.com 3% Easyliveauction.com 3% or ?3 flat fee Bidspirit.co.uk 1% 4.9 Account Security and Unauthorized Access. Hutchinson Scott Ltd shall not be held liable for any bids placed or transactions made through a client?s registered account by any party, authorized or unauthorized. It is the sole responsibility of the client to maintain the confidentiality and security of their login credentials and account access. By registering and participating in any auction, the client accepts full responsibility for all activity conducted through their account. Clients must notify Hutchinson Scott Ltd immediately if they suspect any unauthorised access or misuse. However, unless and until such notification is received and acknowledged by Hutchinson Scott Ltd in writing, all actions taken through the client?s account shall be deemed to have been made by the client and shall be binding. 4.10 Bids Placed by or on Behalf of Agents, Principals, Representatives and Third Parties 4.10.1 Where any bid is placed by, through, for, on behalf of, at the instruction of, or for the benefit of any agent, principal, representative, nominee, intermediary, adviser, dealer, broker, employee, officer, director, partner, trustee, executor, attorney, family member, company, firm, partnership, trust, estate, undisclosed principal, partly disclosed principal, disclosed principal, beneficial owner, account holder or other third party, the person placing, instructing, authorising, facilitating, permitting or otherwise causing such bid to be placed shall be deemed to have full authority to do so and shall be personally liable for the bid and for the full completion of any resulting purchase. 4.10.2 Any bidder who bids as agent, representative, nominee, intermediary or otherwise on behalf of another person, whether that person is disclosed to the Auction House or not, warrants and represents to Hutchinson Scott Ltd, the Auction House and the seller that they have full legal authority to bind that person to the purchase of the relevant Lot and to all obligations arising under these Terms. 4.10.3 The liability of any such bidder, agent, representative, nominee, intermediary, account holder and principal shall be joint and several. This means that Hutchinson Scott Ltd and/or the seller may pursue any one or more of them for the full amount due, without first being required to pursue any other person, principal, agent, representative, company, firm, account holder or third party. 4.10.4 If any person on whose behalf a bid is placed fails, refuses, neglects, is unable, or is alleged to be unable to complete the transaction for any reason, including but not limited to lack of authority, dispute as to authority, mistake, misunderstanding, insolvency, death, incapacity, change of mind, non-payment, refusal to collect, refusal to accept delivery, dispute between principal and agent, dispute between account holder and bidder, misuse of account, failure of funding, failure of internal approval, fraud, unauthorised instruction, or any other matter whatsoever, the person who placed, instructed, authorised, facilitated, permitted or caused the bid to be placed shall remain fully liable to complete the transaction as Buyer. 4.10.5 For the avoidance of doubt, a bidder shall not be released from liability merely because they claim to have acted for, on behalf of, or at the instruction of another person. Unless Hutchinson Scott Ltd has expressly agreed in writing before the bid is placed that the bidder shall have no personal liability, the bidder shall remain personally liable for all sums due and all obligations arising from the successful bid. 4.10.6 The obligations referred to in this clause include, without limitation, payment of the Hammer Price, Buyer?s Premium, VAT, online bidding surcharges, storage charges, shipping charges, insurance charges, bank charges, interest, legal costs, enforcement costs, resale costs, removal costs, administration charges, and any other costs, losses, expenses or liabilities arising from or connected with the purchase, non-payment, late payment, failed completion, non-collection, resale or attempted resale of the Lot. 4.10.7 Hutchinson Scott Ltd shall be entitled, at its absolute discretion, to treat the person placing the bid, the registered account holder, the named bidder, the paddle holder, the telephone bidder, the commission bidder, the online bidding account holder, the disclosed principal, the undisclosed principal, and/or any person for whose benefit the bid was placed as the Buyer, either separately or together. 4.10.8 Hutchinson Scott Ltd may require any bidder purporting to act on behalf of another person to provide written evidence of their authority, identity, address, corporate status, beneficial ownership, source of funds, agency relationship, and any other information reasonably required by Hutchinson Scott Ltd. Failure to provide such evidence shall not release the bidder from liability for any bid already placed or any purchase already made. 4.10.9 Where a bid is placed using a registered account, online account, paddle number, telephone bidding facility, commission bidding instruction or other bidding facility, the registered account holder shall be liable for all bids placed through or under that facility, whether the bid was placed personally, by an authorised user, by an unauthorised user, by an agent, by a representative, by an employee, by a family member, by a third party, or by any other person with access to that facility, subject always to clause 4.9. 4.10.10 Any dispute between a bidder and any principal, agent, representative, nominee, intermediary, account holder, employer, client, customer, family member, company, firm, partnership, trust, estate or other third party shall be a private matter between those parties and shall not affect the binding nature of the sale or the liability of the bidder and/or account holder to Hutchinson Scott Ltd and/or the seller. 4.10.11 If the Buyer, bidder, agent, representative, nominee, account holder, principal or any other liable party fails to complete the transaction, Hutchinson Scott Ltd may exercise any rights or remedies available under these Terms or at law, including but not limited to cancelling the sale, reselling the Lot, charging storage, recovering the difference between the original Hammer Price and any lower resale price, recovering any shortfall, recovering all associated costs and expenses, retaining any deposit or part-payment, charging interest where applicable, and taking legal action to recover all sums due. 4.10.12 The bidder shall fully indemnify and keep indemnified Hutchinson Scott Ltd, the Auction House, its officers, employees, agents and the seller against all losses, claims, demands, liabilities, damages, costs and expenses arising out of or in connection with any bid placed by or on behalf of any agent, principal, representative, nominee, intermediary, account holder or third party, including any claim that the bidder lacked authority to bid or that the relevant principal or third party is not bound by the transaction. 4.10.13 This clause shall apply regardless of whether the agency, representative capacity, beneficial ownership or third-party interest was disclosed before, during or after the auction, and regardless of whether Hutchinson Scott Ltd knew or ought to have known that the bidder was acting on behalf of another person. 4.10.14 Nothing in this clause shall limit or prejudice any other right or remedy available to Hutchinson Scott Ltd, the Auction House or the seller under these Terms, under the general law, or otherwise. For the avoidance of doubt, this clause does not apply to Hutchinson Scott Ltd where it is acting solely in its capacity as auctioneer or where it executes commission bids in accordance with clause 4.4.1. 5. Reserve Price 5.1 The majority of Lots are offered subject to a Reserve Price, which is confidential between the Auction House and the Seller. 5.2 The Auction House reserves the right to bid on behalf of the Seller up to the Reserve Price. 6. Payment 6.1 The Buyer must pay the full Hammer Price plus any applicable Buyer?s Premium and VAT within 7 days after the auction. 6.2 If payment is not received within the specified time, the Auction House reserves the right to cancel the sale and re-offer the Lot(s). 6.3 Title to the Lot will not pass to the Buyer until full payment has been received and cleared by the Auction House. 6.4 The only payment methods accepted are cash, card and bank transfer, all in Great British Pounds Sterling (GBP). Buyers are responsible for covering all costs associated with the chosen method of payment (bank charges). 6.4.1 Payment by card. We accept debit cards bearing the ?VISA? and ?MasterCard? symbols. 6.4.2 Card-not-present transactions. Over the phone, we accept payments by debit card up to a limit of ?2,500. We do not accept multiple card-not-present payments for invoices totalling more than ?2,500. We only accept card-not-present transactions from buyers whose cards are registered to UK addresses and who receive a complete Address Verification System (AVS) match, in accordance with our Anti-Money Laundering Compliance Policy. 6.4.3 Our bank details for transfers. Bank: Barclays, Branch Address: 25 James St, Harrogate HG1 1QX. Branch Sort Code: 20-37-13. Account Number: 23677907. Account Name: Hutchinson Scott Ltd. BIC: BUKBGB22. IBAN: GB31 BUKB 2037 1323 6779 07. Please ensure you pay all bank charges, so that the correct amount reaches our account. 7. Collection and Delivery 7.1 The Buyer is responsible for the collection of all purchased Lots within 14 days following the auction. 7.2 The Auction House may, by prior arrangement, assist with or arrange delivery, carriage or shipping of purchased Lots at the Buyer?s sole cost and risk. 7.3 If any purchased Lots are not collected within the specified time, the Auction House reserves the right to charge storage and handling fees. 7.4 Lots may be cleared whilst the auction is in progress, provided that payment in full has been received by the Auction House in cleared funds and subject always to the availability of porters, collection staff and suitable access. 7.5 Free storage of purchased Lots will be provided for five working days following the sale. Thereafter, a storage and handling charge of ?2.00 plus VAT per Lot per day shall be payable by the Buyer, together with any carriage, removal or other associated costs incurred by the Auction House in transferring goods to storage. 7.6 Where purchased Lots remain uncollected and storage charges remain unpaid, the Auction House reserves the right, after giving reasonable notice to the Buyer, to re-enter the relevant Lots into the second suitable auction following the auction at which the Lots were originally purchased, for the purpose of recovering outstanding storage, handling, removal and associated charges. Lots may be withdrawn from such auction at the Auction House?s discretion once all outstanding storage, handling, removal and associated charges have been paid in full and satisfactory arrangements for collection have been made. Storage charges shall continue to accrue until the Lots have been collected, including where such Lots have been withdrawn from auction but remain in the possession, custody or control of the Auction House. Any proceeds of sale may be applied first in discharge of all outstanding charges, costs and expenses due to the Auction House, with any balance thereafter accounted to the Buyer. If the proceeds of sale are insufficient to discharge the sums due, the Buyer shall remain liable for the shortfall. 7.7 Buyers may accept assistance from the Auction House?s staff members during collection, but any loss or damage occurring to Lots during such assistance shall be at the Buyer?s risk. 7.8 No Lots will be released to the Buyer, or to any third-party carrier or agent, until all sums due to the Auction House have been received in cleared funds. 8. Refunds, Currency, and Shipping Costs 8.1 Refunds will be made in Great British Pounds Sterling (GBP) to the original payment method wherever possible. For buyers with UK bank accounts, refunds are typically issued via bank transfer and are processed in full unless otherwise agreed. 8.2 International buyers acknowledge that all payments and refunds made via international bank transfer are subject to currency conversion rates, intermediary bank deductions, and receiving bank fees, all of which are outside the control of Hutchinson Scott Ltd. While the full refund amount in GBP will be issued by Hutchinson Scott Ltd, the amount ultimately received in a foreign currency may vary due to these factors. Hutchinson Scott Ltd accepts no liability for any shortfall in refunded amounts resulting from such deductions or exchange rate differences. 8.3 Refunds cannot be issued to credit or debit cards once a bank transfer has been initiated. Buyers requesting alternative refund arrangements must do so prior to the refund being processed, and Hutchinson Scott Ltd reserves the right to decline such requests at its sole discretion. 8.4 Shipping charges are considered expendable and are not refundable once the service has been initiated or completed. This includes postage, packaging, and handling fees. Exceptions may only be made where explicitly agreed in writing prior to shipment. 8.5 Buyers are advised to confirm all costs, including potential shipping fees and refund methods, before completing a purchase. 9. Buyer?s Premium The current buyer's premium is 25% plus VAT (30% inclusive of VAT at 20%) 9.1 The Buyer agrees to pay a Buyer?s Premium on the Hammer Price of each Lot purchased, as stipulated by the Auction House at the time of sale. 9.2 VAT will be charged on the Buyer?s Premium as required by law. 9.3 On the hammer price of each lot purchased, there will be a Buyer's Premium at the rate of 25% + VAT (30% inclusive of VAT at 20%). However, some items, like books and unframed maps, are zero-rated for VAT; as a result, buyers of lots that only include books or unframed maps will not be required to pay VAT on the Buyer's Premium. All goods are sold under the Auctioneer's Margin Scheme unless otherwise specified. The VAT-inclusive premium value includes VAT, which is not displayed separately and is not eligible for input tax reimbursement. Motor Vehicles are subject to a reduced Buyer's Premium of 12.5% + VAT (15%) where applicable. 8.4 Bidders participating through third-party platforms, including but not limited to 'the-saleroom.com' and 'invaluable', may be subject to an additional buyer's premium as specified by the terms and conditions of those platforms. It is the responsibility of the bidder to familiarize themselves with the conditions of sale outlined by the third-party platform to fully understand any additional commissions or fees that will appear on their invoice. 10. Descriptions and Condition of Lots 10.1 All Lots are sold "as is" with all faults and imperfections. The Auction House makes no warranty or representation as to the condition, quality, or authenticity of any Lot. 10.2 Buyers are strongly encouraged to inspect Lots prior to bidding. 10.3 Catalogue descriptions, online listings, and condition reports are provided as a guide only and do not constitute a representation or warranty. 10.4 Illustrations in the catalogue and any other illustrations provided are for identification only; colours and appearance may differ from the actual item(s) due to the limitations of printing or photography processes. 10.5 Neither the Auction House nor the seller, nor their servants and agents, are responsible for errors of description or the authenticity of any lot. 10.6 Certain property sold at auction may be subject to laws governing export from the country where it was purchased and import into another country. It is the buyer?s responsibility to be aware of these restrictions and obtain any relevant licenses. 10.7 While some lot descriptions include indicators of condition, the absence of such information does not suggest that a lot is free of flaws, restored, or altered. Prospective bidders must satisfy themselves with the condition of a lot before bidding. Our staff members can provide condition reports to those who are unable to visit our saleroom. Any condition report that is given is strictly the opinion of the Auction House and is not to be interpreted as a statement or fact of the lot's complete condition. 10.8 Prior to the sale, it is crucial for potential bidders to review the most recent edition of the catalogue in order to be informed of any changes that might impact the lots they plan to bid on. 10.9 All measurements and weights provided in lot descriptions should be considered approximate. 11. Warranties and Indemnities 11.1 The Seller warrants to the Auction House and the Buyer that the Seller is the lawful owner of the Lot or has the authority to sell the Lot. 11.2 The Seller agrees to indemnify the Auction House, its employees, and the Buyer against any loss or damage resulting from a breach of this warranty. 12. Liability 12.1 The Auction House shall not be liable for any loss or damage to Lots while in its custody unless such loss or damage is due to the Auction House's negligence. 12.2 The Auction House shall not be liable for any indirect or consequential loss arising from the sale or purchase of any Lot. 12.3 The Auction House?s liability for any claim in relation to the sale of any Lot shall be limited to the Hammer Price of the Lot. 12.4 Where a member of the public causes damage to a lot (or part thereof) the Auction House reserve the right to: 12.4.1 Sell the aforementioned without reserve and to hold that specific individual liable for the amount of any difference between the hammer price and the reserve or lower estimate, whichever be the higher; or 12.4.2 Hold that specific individual liable for the cost of restoration where appropriate; or 12.4.3 Hold that specific individual liable for the full amount of the reserve price or lower estimate, whichever be the higher. N.B. Except where full payment has been made under Condition 11.3, title to the lot will remain solely with the seller. 12.5 Electrical Goods. Goods offered for sale which were once operated by electricity may not comply with statutory requirements and are offered for sale for display and historical research purposes only; these goods are not suitable for connection to the mains electricity supply. It is imperative that anyone wishing to use these goods for their original purpose have them checked by a qualified electrician prior to such use. 12.6 Transit and Shipping Liability. The Auction House shall not be liable for any loss or damage to Lots occurring during transit or shipping, whether handled by third-party couriers or through in-house delivery arrangements. Insurance cover during transit is optional and may be requested by the Buyer. This option is automatically available to Buyers who select insurance through the invoice section of their online account. However, it remains the sole responsibility of the Buyer to ensure that adequate insurance cover is arranged prior to shipment. The Auction House is under no obligation to offer or arrange insurance at the time of dispatch. 13. Withdrawal of Lots 13.1 The Seller may withdraw a Lot from sale with the Auction House?s consent, subject to payment of any applicable fees. 13.2 The Auction House reserves the right to withdraw any Lot from sale without prior notice. 14. Governing Law 14.1 These Terms shall be governed by and construed in accordance with the laws of England and Wales. 14.2 Any disputes arising from these Terms or any sale conducted by the Auction House shall be subject to the exclusive jurisdiction of the courts of England and Wales. 15. Data Protection 15.1 The Auction House will process personal data in accordance with its Privacy Policy and applicable data protection laws. 15.2 By participating in any sale, you consent to the processing of your personal data for the purposes of conducting the sale and any related activities. 16. Amendments 16.1 The Auction House reserves the right to amend these Terms at any time. Any such amendments will be posted on the Auction House?s website and will take effect immediately. 16.2 It is the responsibility of the Buyer and Seller to review the Terms before participating in any sale. 17. Severability 17.1 If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. 18. Entire Agreement 18.1 These Terms constitute the entire agreement between the Auction House, the Buyer, and the Seller concerning the sale of Lots and supersede all prior agreements, understandings, and representations. Hutchinson Scott Ltd reserve the right to amend any or all of their Terms and Conditions at any time. These Terms are intended to provide clarity and fairness to all parties involved in the buying and selling process at the Auction House. If you have any questions or require further information, please contact Hutchinson Scott Auctioneers directly.