Fine Photographica

Overview. These Conditions and any disputes or claims arising out of it or their subject matter are governed by and construed in accordance with the law of England. English courts have exclusive jurisdiction to settle any dispute or claim that arises. Flints Auctions Ltd act as agents of the Vendor only. Any contract for the sale of a Lot will be formed between the Vendor and the Buyer. By bidding at the auction, you agree to be bound by these terms. Terms of Consignment for Sellers at Flints Online Public Auctions. The sale of goods at Flints Auctions' public auctions and the seller's relationship with us are governed by our Auction Terms and Conditions, which include these Terms of Consignment for Sellers in Public Auctions, as well as our Conditions of Sale for Public Auctions. It is important to note that each auction and individual lot may be subject to different or additional terms, which will be clearly stated in our auction catalogue or announced separately before the auction takes place. If there are specific terms outlined in the corresponding Notices or listings published in our auction catalogue relating to a lot which are in conflict or are inconsistent with our terms, these special terms take precedence over any other terms in our Auction Terms and Conditions. Please be aware that our Auction Terms and Conditions, including these Terms of Consignment for Sellers in Public Auctions and our Conditions of Sale for Public online Auctions, specifically relate to auctions held in our physical saleroom By providing us with goods for sale on your behalf, either by yourself or through a representative, you indicate your agreement to comply with our Auction Terms and Conditions, which include these Terms of Consignment for Sellers in Public Auctions and our Conditions of Sale for Public Auctions. 1. Interpretation. In these Terms, the terms "you," "yours," etc. refer to the Seller. If the consignment of goods to Flints Auctions is made by an agent or any other party on behalf of the Seller, we assume that the Seller has authorized the consignment and that the consignor has the Seller's authority to enter into a contract. All obligations outlined in these Terms of Consignment for Sellers in Public Auctions shall apply to both the owner of the goods and their agent, jointly and separately. Similarly, the terms "we," "us," etc. refer to Flints Auctions as the Auctioneers. 2. Warranty. The Seller provides a warranty that they have the legal right to transfer possession of the lots to the Buyer with a good and marketable title, without any third-party rights, encumbrances, claims, or potential claims. Additionally, the Seller confirms that they have provided all necessary information pertaining to the item's ownership, condition, provenance, attribution, authenticity, as well as its import or export history. The Seller has also disclosed any concerns expressed by third parties regarding the item. 3. Procedure for consigning goods for sale at Flints Auctions. When consigning Goods for sale at our auction, you must provide us with the following information about yourself, in a format acceptable to us, usually through a vendor form: (a) Your legal name and proof of identity (drivers Licence, Passport) (b) Details about the goods as far as you are aware; (c) Your bank account particulars; (d) Your address and contact information; (e) Confirmation on whether you are selling the goods as a trader or as a private seller; Failure to provide us with the requested information, or if we are not satisfied with any of the provided information, may result in our refusal to accept the consignment of your goods for sale in our auction. To sell items or participate in our online auctions, all sellers must be registered users and agree to our registered user terms. These terms are incorporated into and constitute a part of our Auction Terms and Conditions. 4. VAT. All commissions and fees are subject to VAT at the current prevailing rate. 5. Commission. Commission is charged to sellers as agreed when consigning any goods to our auction, and all selling terms can be obtained from our salerooms. 6. Transport Costs. Items intended for sale must be consigned to the saleroom by the specified deadline and at your own expense unless otherwise agreed. While we may be able to offer assistance in this regard, it is important to note that any liability incurred to a carrier for haulage charges you arrange is solely your responsibility. 7. Loss and Damage of Goods. Loss and Damage Warranty - Flints Auctions is not authorized by the FCA to provide insurance to its clients and does not do so. However, Flints Auctions assumes liability for property consigned to it at the lower pre-sale estimate until the hammer falls, to protect its own interests. In order to justify accepting this liability, Flints Auctions imposes a charge of 1.5% of the hammer price plus VAT, with a minimum charge of ?1.50, or if the lot remains unsold, 1.5% of our lower estimate. The liability assumed by Flints Auctions shall be limited to the lower pre-sale estimate or the hammer price if the lot is sold. If a lot is or becomes dangerous, Flints Auctions reserves the right to dispose of it without notice to the owner in advance, through any suitable means deemed appropriate, and will not be held liable for such action, a charge to the vendor to cover costs may be made for this. 8. Illustrations and Photographs. There is no charge for any illustrations or photographs. The copyright for these illustrations and photographs, as well as the text of the catalogue, will be owned by Flints Auctions, the auctioneers and can be used for any promotional reasons and/or advertinsing. 9. Minimum Bids and Our Discretion. Goods will may be offered for sale with a reserve price that is agreed upon between the seller and Flints Auctions prior to the auction, in accordance with the following clause. However, Flints Auctions reserves the right to sell lots below the reserve, in which case we will still account to you for the same proceeds as if the reserve had been met (i.e., the hammer price). If you grant us explicit "discretion," we may accept a bid of up to 10% below the formal reserve. If no reserve is agreed the items will be sold at the Auctioneers discretion. 10. Reserves. (a) You have the right to set a reserve price on any consigned lot before the auction. The reserve represents the minimum hammer price at which the lot can be sold. It is important that reserves are set at reasonable levels, as we reserve the right to decline offering goods that have unreasonably high reserves. In such cases, the goods will be subject to storage charges and the loss and damage warranty charges specified in these Terms of Consignment. (b) Once a reserve has been set, it cannot be changed without our consent. (c) If a reserve is deemed unreasonably high by us and the lot fails to sell, an unsold charge will be applicable. This charge will be calculated based on the agreed selling terms, which include the reserve, the Loss and Damage Warranty (LDW) at a rate of 1.5%, and any photographic charges. (d) If a reserve has been set, only Flints Auctions may bid on your behalf, and only up to the reserve price, if any. Under no circumstances are you allowed to bid personally. (e) Reserves are not accepted for lots expected to realize a value below ?100.00 11. Electrical Items. Electrical items are subject to strict statutory safety regulations. If such items are accepted for sale, you, as the seller, assume responsibility for the cost of testing conducted by our qualified PAT tester ?5.00 per item tested. Goods that are not certified as safe by a PAT test(unless they are considered antiques) will not be accepted for sale. In such cases, you will be notified to remove the items at your own expense. We reserve the right to dispose of unsafe goods as refuse, at your expense. 12. Descriptions. We kindly request your assistance in providing accurate information regarding the provenance, lawful import, and any other relevant details of the goods. It is crucial to ensure the accuracy of descriptions, as there is strict liability under modern consumer legislation. In certain circumstances, sellers may be held responsible for any inaccuracies that arise. Unless we receive contrary information from you, we will assume that you have approved the catalogue description of your lots and that the lots match the provided descriptions. In the event that a lot is determined to be a deliberate forgery under our Conditions of Sale, and we are required to refund the buyer, having already accounted to you for the proceeds of the sale, you agree to reimburse us the sale proceeds. This reimbursement should take place within 7 days of receiving our written notice requesting such reimbursement. 13. Unsold Items. In the event that an item remains unsold, we may, at our discretion, choose to re-offer it at a future sale. However, if we deem an item to be unsaleable, you will be promptly notified and must collect such items from the saleroom. Failure to collect unsaleable items in a timely manner may result in storage charges. In these circumstances, we reserve the right to impose reasonable daily storage charges. 14. Withdrawn Items. In the event that an item is withdrawn after being catalogued, it will be subject to the following charges: 15% commission, 1.5% Loss and Damage Warranty, and any other applicable costs, including but not limited to illustration, storage and restoration fees. Please note that all these charges are subject to VAT. 15. Conditions of Sale. By consigning goods for sale, you agree that all items will be sold based on our Conditions of Sale for Public Auctions. It is essential that you have the legal right to sell the goods either as the owner or as an agent for the owner, possessing good and marketable title, and ensuring that the goods are free from any third-party rights or claims. In the event of any breach of this undertaking, you undertake to indemnify and compensate us, as well as any buyer or third party, for all losses, liabilities, costs, and expenses incurred. 16. Authority to Deduct Commission and Expenses and Retain Premium and Interest. (a) By consigning goods for sale, you authorize us to deduct commission at the agreed rate, as well as any expenses incurred on your behalf, from the hammer price of the sold item. You also consent to our right to retain the premium paid by the buyer, in accordance with our Conditions of Sale for Public Auctions, as well as any interest earned on the sale proceeds until the date of settlement. (b) In the case of lots remaining unsold at the auction, you authorize us, at our discretion, to reoffer such lots and negotiate a sale within seven days of the auction date. If a sale is successfully negotiated, the same charges will be payable as if the lots had been sold at auction. In such cases, these Terms of Consignment for Sellers in Public Auctions will apply, as appropriate. 17. Warehousing & Storage. We do not accept any liability for goods delivered to our saleroom without sufficient sale instructions. In such cases, we reserve the right to apply a minimum warehousing charge of ?10 per lot per day. Please note that unsold lots are also subject to the same charges if you fail to remove them within a reasonable timeframe after receiving notification. If the unsold lots are not removed within three weeks, we reserve the right to sell them and apply the proceeds of the sale towards defraying the charges. Alternatively, we may, at your expense, consign them to the local authority for disposal. 18. Settlement. After the sale, the net sum due to you will generally be settled within 28 days, unless the buyer has not made payment for the goods. In such cases, no settlement will be made until these conditions are met. However, we will take your instructions into account based on our Conditions of Sale for Public Auctions. By consigning goods for sale, you authorize us to deduct any sums owed by you to us from the sale proceeds. It is important to note that you may be liable to reimburse the proceeds of the sale to us as outlined in the above conditions. Terms for Buyers at Flints Online Public Auctions. Online public auctions at Flints Auctions are governed by our Auction Terms and Conditions, which consist of two main components: the Conditions of Sale (primarily applicable to buyers) and the consignment terms (primarily applicable to sellers). By registering as a user, you are required to accept our Online Auction Terms and Conditions. Additionally, before placing a bid in an online auction, you may be asked to confirm your acceptance. Specific online auctions or individual lots within an auction may have their own separate or additional terms, which will be clearly stated in our online auction catalogue. In case of any conflict or inconsistency, these special terms take precedence over any other terms within our Online Auction Terms and Conditions. If you have any questions or require clarification, please reach out to us using the contact details provided in your registered user terms. 1. Agency. As auctioneers, we typically operate as agents on behalf of the seller. However, to maintain confidentiality, the identity of the seller is usually not disclosed. When you make a purchase at auction, your contractual agreement is formed directly with the seller and not with us as the auctioneer 2. Estimates. Our estimates are provided to assist buyers in estimating the potential purchase price for a particular lot. It is important to note that estimates are subject to change and should not be considered as the final sale price. The lower estimate for a lot may indicate the reserve price and will definitely not be lower than that. Additionally, estimates do not include the buyer's premium or VAT (where applicable). Please be aware that estimates are prepared well in advance of the sale and may be adjusted in the listing for the specific lot published in our online auction catalogue prior to the sale. Therefore, they should not be regarded as definitive Certainly! Here's the revised version of the 3. Buyers Premium. The buyer is required to pay a buyer's premium on the hammer price of each purchased lot, as stated in the Conditions of Sale within our Online Auction Terms and Conditions. The buyer's premium is calculated based on the following scale: 25% of the hammer price up to and including ?50,000, 22.5% of the hammer price from ?50,001 up to and including ?500,000, 20% of the hammer price from ?500,001 up to and including ?1,000,000, and 12.5% of the hammer price exceeding ?1,000,000. Please note that VAT at the prevailing rate of 20% is added to the buyer's premium and any additional charges as defined below. 4. VAT The items listed in our online auction catalogue may be marked with the following symbols: (?) - This symbol indicates that VAT is payable by the buyer at the standard rate (currently 20%) on the hammer price. VAT is also included as part of the buyer's premium. This applies when the seller is registered for VAT within and is not utilizing the Dealers Margin Scheme or when VAT is due at 20% on importation into the UK. (?) - This symbol signifies that the lot has been imported from outside the UK. Currently, these lots are subject to a reduced rate of Import VAT, which is 5% of the hammer price and buyer's premium. (?) - This symbol indicates that the lot has been imported from outside the UK and is subject to the standard rate of Import VAT, which is currently 20% of the hammer price. Lots that do not have any of the above symbols do not require VAT payment on the hammer price. These lots are sold under the Auctioneers Margin Scheme. Please note that VAT included within the buyer's premium is not recoverable as input tax. 5. Description & Condition. We provide condition reports on our website or upon request. However, the absence of a report does not imply that a lot is free from imperfections. The level of detail in a report corresponds to the estimated value of the lot. Please note that if we receive a large number of condition report requests shortly before a sale, it may not be possible to provide reports for all lots. Our staff members are not trained restorers or technicians. For higher value lots, we recommend that buyers seek the opinion of a professional in the field or come in in person to view the item. We strongly advise that you view lots in person whenever possible. We rely on information provided by the seller regarding the condition of a lot. While we may conduct a general examination and form a reasonable view about the lots, we are typically unable to perform a detailed inspection or examination. It is the responsibility of intending buyers to inspect and investigate lots in which they may be interested. Buyers assume the corresponding risk if they fail to do so. We strongly recommend inspecting lots before purchasing. Please carefully review the exclusion of liability for the condition of lots as stated in the Conditions of Sale. Neither the seller nor we, as the auctioneers, accept responsibility for the condition of the lots. Please note that mechanical objects of any age are not guaranteed to be in working order. However, in cases where we have examined the goods and made a representation about their condition in our online auction catalogue, we will be liable for any defect that is not reflected in that representation, and which should have been revealed through our examination but not by a buyer's inspection. Additionally, there are specific circumstances outlined in our Conditions of Sale where misdescribed lots as 'deliberate forgeries' may be eligible for return and reimbursement. Please note that this option is subject to a time limit of 3 weeks. 6. Export of Goods. Buyers intending to export goods from the UK should determine whether an export license is required and whether the importation of goods of that nature is subject to any specific prohibitions due to the inclusion of prohibited materials, such as ivory. If you require assistance, please do not hesitate to contact us. Private overseas buyers can only receive goods free of VAT or obtain a VAT refund if Flints Auctions acts as the exporter for the sale, that the goods are exported within 3 months of the sale, and Flints Auctions possesses adequate export documentation. If you arrange for direct pick-up or delivery of the goods, UK VAT will be charged at the applicable rate, and no refund will be available. Please note that buyers are then responsible for completing the importation procedures and payment of any applicable duty/VAT upon importation into the destination country. If the purchase has been made in a business or trading name, a VAT refund will be available upon providing proof of export within 3 months of the sale. 7. CITES Regulations. Please be aware that lots marked with the symbol (?) in both the printed and online catalogue may be subject to CITES Regulations upon export. Detailed information regarding the relevant CITES Regulations can be found here. 8. Bidding. To participate in online bidding, you will need to register as a user on our website at www.flintsauctions.com and accept the registered user terms and the Online Auction Terms and Conditions before the sale begins. If you are unknown to us, we may require proof of identification and other satisfactory information. Please allocate sufficient time to complete this process. Kindly note that if you intend to bid on high-value lots, we may require several days to conduct the necessary checks and approve your registration as a user. The acceptance of an applicant as a registered user is at our sole discretion. Lots will be invoiced to the registered user. 9. Commission Bidding. Commission bids can be made in advance to the auctioneers, including via email, by indicating the maximum amount to be bid excluding the buyer's premium. They will be executed with the intention of securing the lot at the most favorable price possible, taking into consideration any reserve (if applicable) and competing bids. In the event that two buyers submit identical commission bids, the auctioneers may give preference to the first bid received. Please note that commission bids are made at the risk of the bidder, and we do not accept responsibility for, nor are we liable for, any issues related to the electronic communication and placement of commission bids. 10. Phone Bidding. Phone bidding can be arranged in advance of the auction. Any phone bid must be in 24hours before the start of the sale. A charge of ?5.00 is made for each item bid on irrespective of whether the item is purchased by the phone bidder. Phone bids cannot be arranged on items with a low estimate below ?200.00 I apologize for the incomplete response. 11. Methods of Payment. If you are a successful bidder, we accept the following methods of payment: - Debit cards issued by a UK bank in the name of the buyer and registered to a UK billing address - All major UK-issued credit cards (excluding Diners Club) in the name of the buyer and registered to a UK billing address - Bank transfer directly into our bank account. Our bank details are as follows: Bank: HSBC Address: Account Name: Account Number: Sort Code: BIC: IBAN: We do not accept cash under any circumstances. 12. Collection & Storage. It is important to promptly settle payment and arrange for the collection of your purchased items. Any delay in doing so may result in the buyer incurring additional storage charges. Email info@flintsauctions.com to arrange a time to come in and collect your items. 13. Failure to Pay For the Lot. If the Purchase Price for a Lot is not paid to Flints Auctions Ltd in full in accordance with the Contract for Sale, the Seller will be entitled, with the prior written agreement of Flints Auctions Ltd but without further notice to you, to exercise one or more of the following rights (whether through Flints Auctions Ltd or otherwisto terminate immediately the Contract for Sale of the Lot for your breach of contract; 13.1 to resell the Lot by auction, private treaty, or any other means on giving seven days? written notice to you of the intention to resell; 13.2 to retain possession of the Lot; 13.3 to remove and store the Lot at your expense; 13.4 to take legal proceedings against you for any sum due under the Contract for Sale and/or damages for breach of contract; 13.5 to be paid interest on any monies due (after as well as before judgment or order) at the annual rate of 5% per annum above the base rate of National Westminster Bank Plc from time to time, to be calculated on a daily basis from the date upon which such monies become payable until the date of actual payment. 14. Photographic Condition Grading - Descriptions & Conditions To assist buyers, Flints has given a condition grade to cameras, lenses and some accessories, together with additional written notes, highlighting other key points relating to the item. The condition grade is based upon our options at the time of cataloguing and is still subject to our ?Terms & Conditions. We are unable to check and test certain aspects of light meters, rangefinders and electronics/electronic shutters. All buyers are given the opportunity to view and test all lots on during the viewing prior. 14.1 Photographic Condition Grading - Cosmetic Condition E - Excellent - As new / appears to be unused VG - Very Good - Minimal marks or wear G - Good - Light marks or wear F - Fair - Moderate marks or wear P - Poor - Heavy marks or wear 14.2 Photographic Condition Grading - Mechanical The shutter function is indicated as working or not working, with additional written notes stating if any speeds are inaccurate. Shutters that are battery-dependent may not be tested. As shutters are fragile, they cannot be guaranteed and the conditions mentioned in the catalogue are at the time of testing and may not represent the condition post-sale. 14.3 Photographic Condition Grading - Lenses & Optics E - Excellent - Clean optics as new VG - Very Good - Minimal marks, some dust may be present G - Good - Light marks, possible cleaning marks or imperfections F - Fair - Moderate marks, noticeable cleaning marks or imperfections P - Poor - Heavy marks or wear