Terms and Conditions for Buyers, Sellers and Bidders in Online Auctions
These Terms and Conditions are applicable only to sellers at an online auction and only to buyers at an online auction or bidding online at an auction held in one of our salerooms.
For the Terms and Conditions applicable to a Seller or Buyer at an auction in one of our salerooms please see the Terms and Conditions printed in our auction catalogue or published on our website.
Terms and Conditions contents:
- Important Notices
- Information for Buyers in Online Auctions
- Terms of Consignment for Sellers in Online Auctions
- Conditions of Sale
- Important Notices to Wines and Spirits Buyers
- Important Notices to Watch Buyers
- Important Notices to Jewellery Buyers
- Important Notices regarding the cataloguing of Clocks
Dreweatts & Dreweatts 1759 are trading names of Dreweatts 1759 Ltd. Dreweatts 1759 Ltd is registered in England, company number: 10758982, registered office: Donnington Priory, Newbury, Berkshire RG14 2JE.
BUYING AT DREWEATTS
There are several ways you can bid at a Dreweatts auction; in person, by leaving a commission or absentee bid, on the telephone where available and live via the internet – please make arrangements before the sale
This notice applies only to bidders who wish to bid live via the online auction facility on our website at www.dreweatts.com.
Please note that references to ‘catalogue’ or ‘online auction catalogue’ in these Online Auction Terms and Conditions means the online catalogue or other details of the lots to be auctioned at the online auction published on the website in connection with the relevant online auction.
Bidders must satisfy themselves as to the condition of each lot. Condition reports are available on request – see the Conditions of Business forming part of these Online Auction Terms and Conditions for more information regarding condition reports. Requests for condition reports must be submitted by 4pm on the day prior to the auction. Inspection of lots is also strongly recommended.
All purchases are subject to a buyer’s premium, which is charged per lot at 24% of the hammer price (28.8% including VAT) up to and including £500,000, 20% (24% including VAT) of the hammer price from £500,001 up to and including £1,000,000 and 12% of the hammer price (14.4% including VAT) in excess of £1,000,001. In the event the lot has an asterisk (†) beside the lot number in the catalogue, this indicates that the lot is owned by an entity or company required to pay VAT (generally not an Antique Dealer, as they operate under a dealers margin scheme). VAT is payable at 20% on the hammer price. Lots marked with a ǂ (presently a reduced rate of 5%) or Ω (presently at standard rate of 20%) have been imported from outside the European Union to be sold at auction and therefore the buyer must pay the import VAT at the appropriate rate on the hammer price.
Payment will be accepted, if you are a successful bidder, by debit card issued by a UK bank and registered to a UK billing address; by all major UK issued credit cards registered to a UK billing address with the exception of American Express and Diners Club; by bank transfer direct into our bank account, Bank Details: NatWest, 30 Market Place, Newbury, Berkshire RG14 5AG. Account Name: Dreweatts 1759 Ltd. A/C: 62412949, Sort Code: 60-15-07, BIC: NWBKGB2L, IBAN: GB21NWBK60150762412949; or in cash up to £8,000 (subject to relevant money laundering regulations). Payment may also be made by Sterling personal cheques drawn on a UK bank account but Dreweatts regrets that purchases paid for by this method cannot be collected until your cheque has cleared.
Υ CITES REGULATIONS
Please note that lots marked with the symbol (Υ) in the catalogue may be subject to CITES Regulations when exported. Relevant CITES Regulations may be found at www.defra.gov.uk/ ahvla-en/imports-exports/cites.
COLLECTION OR DELIVERY
Before being able to collect your purchases you are required to pay the hammer price, plus the applicable commissions, and obtain a receipt acknowledging payment. Collection of the purchased lots is at the purchaser’s risk and expense and whilst Dreweatts do not provide packing and despatch service we can suggest some carriers.
Dreweatts also require that all purchased items are collected within four working days of the sale to avoid a storage charge being applied.
Any items not collected by 4pm within four working days of the sale, will be automatically removed to commercial storage and subject to a minimum storage charge of £20 (plus VAT) per lot and to a further storage charge of £2 (plus VAT) per lot per part or full day thereafter. These charges will be the sole liability of the buyer and will be billed directly to the buyer by Vangaroo Ltd (Andover). On payment of all sales and storage costs, items will be available for collection by appointment from Vangaroo Ltd (Andover), tel: 01264 316970, mobile: 07528 291180, email: matt@vangaroo. co.uk. These charges are set by Vangaroo Ltd (Andover), we recommend that you contact them directly regarding any queries relating to these charges and other questions relating to storage. Staff at the saleroom will be unable to answer questions relating to items that have been removed from the saleroom.
The colours printed in the catalogue are not necessarily a true reflection of the actual item. All weights and measures given in the catalogue should be regarded as approximate.
Information for Buyers at Online Auctions
The following notes are intended to assist bidders and buyers, particularly those inexperienced or new to our online auctions.
All of our online auctions are governed by our Online Auction Terms and Conditions which include our Conditions of Sale (primarily applicable to buyers) and our consignment terms (primarily applicable to sellers). You are required to accept our Online Auction Terms and Conditions when registering as a registered user but you may be asked to confirm your acceptance before you can place a bid in an online auction. Any particular online auction and/or any particular lot in an online auction may be subject to different or additional terms which will be published in our online auction catalogue. All auctions and sales of wines and spirits, jewellery, watches and clocks are subject to the special terms set out in the relevant Notices in relation to those items published in our online auction catalogue and, in the event of any conflict or inconsistency, those special terms prevail over any other terms in our Online Auction Terms and Conditions.
If there is anything you do not fully understand please contact us prior to the auction using the contact details in your registered user terms.
As auctioneers we usually act as agents for the seller whose identity, for reasons of confidentiality, is not normally disclosed. If you buy at auction your contract for the item or items purchased is with the seller and not with us as the auctioneer.
Estimates are designed to help buyers 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 and certainly will not be below it. Estimates do not include the buyer’s premium or VAT (where chargeable). Estimates are prepared some time before the sale and may be altered on the listing for the lot published on our online auction catalogue before the sale. They are in no sense definitive.
The Conditions of Sale forming part of our Online Auction Terms and Conditions require the buyer to pay a buyer’s premium on the hammer price of each lot purchased. The buyer’s premium is 24% of the hammer price up to and including £500,000, 20% of the hammer price from £500,001 up to and including £1,000,000, and 12% of the hammer price in excess of £1,000,000. VAT at the prevailing rate of 20% is added to the buyer’s premium and to any additional charges as described below.
Items in our online auction catalogue may be marked in the following ways:
(†) indicates that VAT is payable by the buyer at the standard rate (presently 20%) on the hammer price as well as being an element in the buyers’ premium. This imposition of VAT is likely to be because the seller is registered for VAT within the European Union and is not operating the Dealers Margin Scheme or because VAT IS DUE AT 20% on import into the UK. ( ǂ ) indicates that the lot has been imported from outside the European Union and the present position is that these lots are liable to a reduced rate of Import VAT currently 5% on the hammer price and buyer’s premium (Ω) indicates that the lot has been imported from outside the European Union and these lots are liable to the standard rate of Import VAT currently 20% on the hammer price.
Lots which appear without the above symbols indicate that no VAT is payable on the hammer price; this is because such lots are sold using the Auctioneers Margin Scheme and it should be noted that the VAT included within the buyers’ premium is not recoverable as input tax.
DESCRIPTION AND CONDITION
Condition reports are provided on our website or upon request. The absence of a report does not imply that a lot is without imperfections. The detail in a report will reflect the estimated value of the lot. Large numbers of such requests received shortly before a sale may mean that reports cannot be provided for all lots. Members of staff are not trained restorers or conservators and, particularly for higher value lots, buyers should obtain an opinion from such a professional.
Dreweatts is not liable for damage to gilded picture frames, plaster picture frames or picture frame glass. If a lot is or becomes dangerous, we may dispose of it without notice to bidders in advance in any manner we see fit and will be under no liability for doing so. We recommend that you always view a lot in person.
We are dependent on information provided by the seller about a lot and whilst we may inspect lots and act reasonably in taking a general view about them we are normally unable to carry out a detailed examination, and frequently no examination, of lots in order to ascertain their condition in the way in which it would be wise for a buyer to do. Intending buyers have ample opportunity for inspection of goods and, therefore, accept responsibility for inspecting and investigating lots in which they may be interested and the corresponding risk should they not do so. Inspection of lots is strongly recommended.
Please note carefully the exclusion of liability for the condition of lots contained in the Conditions of Sale. Neither the seller nor we, as the auctioneers, accept any responsibility for their condition. In particular, mechanical objects of any age are not guaranteed to be in working order.
However, in so far as we have examined the goods and make a representation about their condition in our online auction catalogue, we shall be liable for any defect which is not reflected in that representation and which that examination ought to have revealed to the auctioneer but which would not have been revealed to the buyer had the buyer examined the goods.
Additionally, in specified circumstances lots misdescribed because they are ‘deliberate forgeries’ may be returned and repayment made. There is a 3 week time limit. (The expression ‘deliberate forgery’ is defined in our Conditions of Sale).
These are sold as ‘antiques’ only and if bought for use must be checked over for compliance with safety regulations by a qualified electrician before you use them.
EXPORT OF GOODS
Buyers intending to export goods should ascertain:
- whether an export licence is required and
- whether there is any specific prohibition on importing goods of that character because, g. they may contain prohibited materials such as ivory. Ask us if you need help.
Online bidders will be required to become a registered user on the website at www.dreweatts.com and to accept the registered user terms and the Online Auction Terms and Conditions before the sale commences. Identification proofs and other information satisfactory to us will be required if you are unknown to us. Please allow time to complete this process and please be aware that if you wish to bid on high value lots then we may need several days to carry out the necessary checks and to accept you as a registered user. Acceptance of an applicant as a registered user is in our absolute discretion. Lots will be invoiced to the registered user.
Commission bids may be submitted in advance to the auctioneers, including by email, indicating the maximum amount to be bid excluding buyer’s premium. They will be executed as cheaply as possible having regard to the reserve (if any) and competing bids. If two buyers submit identical commission bids the auctioneers may prefer the first bid received. Commission bids are at the risk of the bidder and we do not accept responsibility for and we are not liable for the electronic communication and placement of commission bids.
METHODS OF PAYMENT
The following methods of payment are acceptable.
- Debit Card drawn on a UK bank and registered to a UK billing address. There is no additional charge for purchases made with these cards.
- Bank transfer direct into our bank account. All transfers must state the relevant sale number, lot number and your bidder number. If transferring from a foreign currency, the amount we receive must be the total due in pounds sterling (after currency conversion and the deduction of any bank charges). Our bank details can be found in the ‘Notices’ section of the Online Auction Terms and Conditions..
- Sterling cash payments of up to £8,000 (subject to money laundering regulations).
- All major UK issued credit cards registered to a UK billing address with the exception of American Express and Diners Club.
- Sterling personal cheques drawn on a UK bank account and made payable to ‘Dreweatts 1759 Ltd’. It will be necessary to allow at least six working days for the cheque to clear before collecting your pur
COLLECTION AND STORAGE
Please note what the Conditions of Sale state about collection and storage. It is important that goods are paid for and collected promptly. Any delay may involve the buyer in paying storage charges.
COLLECTION AND STORAGE
If you purchase a lot as a consumer from a seller who is a trader at a virtual auction (an auction which is held online only so that there is no possibility for you to attend the auction in person), you may have a legal right to cancel your purchase of that lot from the day of the virtual auction up to the day which is 14 days after the date on which you take possession of the lot. Further information is set out in the Conditions of Sale for Online Auctions.
λ DROIT DE SUITE ROYALTY CHARGES
From 1st January 2012 all UK art market professionals (which includes but is not limited to; auctioneers, dealers, galleries, agents and other intermediaries) are required to collect a royalty payment for all works of art that have been produced by qualifying artists each time a work is re-sold during the artist’s lifetime and for a period up to 70 years following the artists death. This payment is only calculated on qualifying works of art which are sold for a hammer price more than the UK sterling equivalent of EURO 1,000 – the UK sterling equivalent will fluctuate in line with prevailing exchange rates. It is entirely the responsibility of the buyer to acquaint himself with the precise EURO to UK Sterling exchange rate on the day of the sale in this regard, and the auctioneer accepts no responsibility whatsoever if the qualifying rate is different to the rate indicated. All items in this catalogue that are marked with δ are potentially qualifying items, and the royalty charge will be applied if the hammer price achieved is more than the UK sterling equivalent of EURO 1,000. The royalty charge will be added to all relevant buyers’ invoices, and must be paid before items can be cleared. All royalty charges are passed on to the Design and Artists Copyright Society (‘DACS’), no handling costs or additional fees with respect to these charges will be retained by the auctioneers. The royalty charge that will be applied to qualifying items which achieve a hammer price of more than the UK sterling equivalent of EURO 1,000, but less than the UK sterling equivalent of EURO 50,000 is 4%. For qualifying items that sell for more than the UK sterling equivalent of EURO 50,000 a sliding scale of royalty charges will apply – for a complete list of the royalty charges and threshold levels, please see www.dacs.org.uk. There is no VAT payable on this royalty charge.
Terms of Consignment for Sellers in Online Auctions
The sale of goods at our online auctions and a seller’s relationship with us are governed by our Online Auction Terms and Conditions including these Terms of Consignment for Sellers in Online Auctions and our Conditions of Sale for Online Auctions. Any particular online auction and/or any particular lot in an online auction may be subject to different or additional terms which will be published in our online auction catalogue. All auctions and sales of wines and spirits, jewellery, watches and clocks are subject to the special terms set out in the relevant Notices in relation to those items published in our online auction catalogue and, in the event of any conflict or inconsistency, those special terms prevail over any other terms in our Online Auction Terms and Conditions.
Please note that our Online Auction Terms and Conditions including these Terms of Consignment for Sellers in Online Auctions and our Conditions of Sale for Online Auctions relate to auctions held online only and we have separate terms and conditions for auctions held in one of our salerooms.
If you, or another person acting on your behalf, provide goods to us to sell on your behalf at one of our online auctions this signifies that you agree to and will comply with our Online Auction Terms and Conditions including these Terms of Consignment for Sellers in Online Auctions and our Conditions of Sale for Online Auctions.
In these Terms the words ‘you’, ‘yours’, etc. refer to the Seller and if the consignment of goods to us is made by an agent or otherwise on the Seller’s behalf we assume that the Seller has authorised the consignment and that the consignor has the Seller’s authority to contract. Similarly the words ‘we’, ‘us’, etc. refer to the Auctioneers.
All obligations that apply to the Seller under these Terms of Consignment for Sellers in Online Auctions shall apply to the owner of the goods and their agent jointly and separately.
INFORMATION THAT WE ARE REQUIRED TO GIVE TO CONSUMERS
(a) A description of the main characteristics of the auction-related services that we are providing to you as set out in our Online Auction Terms and Conditions or otherwise agreed with you in writing.
(b) Our name, address and contact details as set out in our Online Auction Terms and Conditions and/or on our Website.
(c) The rate at which we will charge you the Commission plus any applicable VAT as set out in clause 5.
(d) The fee that we will charge you plus any applicable VAT as set out in clauses 14 and 15 if either the goods are unsold at auction or the goods are withdrawn by you from the auction after the goods have been catalogued and/or marketed by us prior to the auction in any way.
(e) The arrangements for collection of any unsold Goods as set out in clause 14 and terms regarding payment of any proceeds due to you set out in clause 19.
PROCEDURE FOR CONSIGNING GOODS FOR SALE AT ONLINE AUCTION
- If you consign Goods to us for sale at online auction, you will need to provide us with the following information about you, in a form acceptable to us:
- Your legal name and proof of identity;
- Information about the goods (as set out in clause 14);
- Your bank account details;
- Your address and contact details;
- Your confirmation of whether you are selling the goods as a trader or as a private seller.
- If you do not provide us with, or we are not satisfied with any of the above information, we may refuse to accept consignment of your goods for sale in our online auction.
- You must provide the goods to us by any stated deadline (at your expense). We may be able to assist you with this process but any liability incurred to a carrier for haulage charges is solely your responsibility
THE CONTRACT BETWEEN YOU AND THE BUYER
- We will confirm acceptance of a successful bid for the goods to the buyer by sending the buyer an order confirmation by e-mail (“order confirmation”). The contract between you and the buyer will be formed when we send the buyer the order confirmation
- You may directly enforce any terms in our Conditions of Sale for Online Auctions against a buyer and/or a bidder to the extent that you have suffered damages and/or loss as a result of the buyer or the bidder’s breach of those Conditions of Sale for Online Auctions.
- If you breach these Terms of Consignment for Online Auctions, you may be responsible for damages and/or losses suffered by a buyer, bidder and/or by us. If we are contacted by a buyer and/or a bidder who wishes to bring a claim against you, we may in our discretion provide the buyer and/or bidder with information or assistance in relation to that claim
- If you are a trader you may not list or sell goods anonymously. The listing for your goods will include your name and address
- We normally act as an agent only and will not have any responsibility for default by you or the buyer.
The Seller warrants that possession in the lots can be transferred to the Buyer with good and marketable title, free from any third party right and encumbrances, claims or potential claims. The Seller has provided all information concerning the items ownership, condition and provenance, attribution, authenticity, import or export history and of any concerns expressed by third parties concerning the same.
COMMISSION and VAT
Commission is charged to sellers at the following rates: – please enquire at our salerooms.]
All commissions and fees are subject to VAT at the prevailing rate.
Items for sale must be consigned to the saleroom by any stated deadline and at your expense. We may be able to assist you with this process but any liability incurred to a carrier for haulage charges is solely your responsibility.
LOSS AND DAMAGE OF GOODS
- Loss and Damage Warranty – Dreweatts is not authorised by the FCA to provide insurance to its clients, and does not do so. However Dreweatts for its own protection assumes liability for property consigned to it at the lower pre-sale estimate until the hammer To justify accepting liability, Dreweatts makes a charge of 1.5% of the hammer price plus VAT, subject to a minimum charge of £1.50, or if unsold 1.5% of our lower estimate. The liability assumed by Dreweatts shall be limited to the lower pre-sale estimate or the hammer price if the lot is sold. Dreweatts is not liable for damage to gilded picture frames, plaster picture frames or picture frame glass; if the Lot is or becomes dangerous, we may dispose of it without notice to you in advance in any manner we see fit and will be under no liability for doing so.
- If the owner of the goods consigned instructs us in writing not to take such action, the goods then remain entirely at the owner’s risk unless and until the property in them passes to the Buyer or they are collected by or on behalf of the owner, and clause 9 (a) is inapplicable
ILLUSTRATIONS AND PHOTOGRAPHS
The cost of any illustrations or photographs is borne by you. If we consider that the Lot should be illustrated your permission will be asked first. If we consider that the Lot should be photographed we may do so unless you specifically request us not to.The copyright in respect of such illustrations and photographs shall be the property of us, the auctioneers, as is the text of the catalogue.
MINIMUM BIDS AND OUR DISCRETION
Goods will normally be offered subject to a reserve agreed between us before the online auction in accordance with clause 12. We may sell Lots below the reserve provided we account to you for the same Terms of Consignment for Sellers sale proceeds as you would have received had the hammer price been at the reserve price. If you specifically give us a “discretion” we may accept a bid of up to 10% below the formal reserve.
- You are entitled to place prior to the online auction a reserve on any lot consigned, being the minimum hammer price at which that lot may be Reserves must be reasonable and we may decline to offer goods which in our opinion would be subject to an unreasonably high reserve (in which case goods carry the storage and loss and damage warranty charges stipulated in these Terms of Consignment).
- A reserve once set cannot be changed by you except with our c
- Where a reserve has been placed only we may bid on your behalf and only up to the reserve (if any) and you may in no circumstances bid personally.
- Reserves are not usually accepted for lots expected to realise below £100
These are subject to detailed statutory safety controls. Where such items are accepted for sale you accept responsibility for the cost of testing by external contractors. Goods not certified as safe by an electrician (unless antiques) will not be accepted for sale. They must be removed at your expense upon your being notified. We reserve the right to dispose of unsafe goods as refuse, at your expense.
The sale of soft furnishings is strictly regulated by statute law in the interests of fire safety. Goods found to infringe safety regulations will not be offered and must be removed at your expense. We reserve the right to dispose of unsafe goods as refuse, at your expense. The rights of disposal referred to in clauses 13 and 14 are subject to the provisions of The Torts (Interference with Goods) Act 1977.
Please assist us with all information available to you as to the provenance, lawful import etc. of goods where this is relevant. There is strict liability for the accuracy of descriptions under modern consumer legislation and in some circumstances responsibility lies with sellers if inaccuracies occur. We will assume that you have approved the catalogue description of your lots and that the lots match those descriptions unless informed to the contrary.
Where we are obliged to return the price to the buyer when the lot is a deliberate forgery under Condition 15 of the Conditions of Sale and we have accounted to you for the proceeds of sale you agree to promptly reimburse us the sale proceeds and in any event within 7 das of our written notice to do so..
If an item is unsold it may at our discretion be re-offered at a future sale.
Where in our opinion an item is unsaleable you must collect such items from us promptly on being so informed. Otherwise, storage charges may be incurred. We reserve the right to charge for storage in these circumstances at a reasonable daily rate.
WITHDRAWN AND BOUGHT IN ITEMS
These are liable to incur a charge of 15% commission, 1.5% Loss and Damage Warranty and any other costs incurred including but not limited to illustration and restoration fees, all of these charges being subject to VAT, on being bought in or withdrawn after being catalogued.
CONDITIONS OF SALE
You agree that all goods will be sold on our Conditions of Sale for Online Auctions. In particular you undertake to us that you have the right to sell the goods either as owner or agent for the owner with good and marketable title and free and clear of any third party rights or claims. You undertake to reimburse to us and any buyer or third party all losses, liabilities, costs and expenses suffered or incurred arising out of or in connection with any breach of this undertaking. We will also, at our discretion, and as far as practicable, confirm that an item consigned for sale does not appear on the Art Loss register, which is administered by an independent third party.
AUTHORITY TO DEDUCT COMMISSION AND EXPENSES AND RETAIN PREMIUM AND INTEREST
- You authorise us to deduct our commission at the stated rate and all expenses incurred on your account (plus VAT) from the hammer price and consent to our right to charge and retain beneficially the premium paid by the buyer in accordance with our Conditions of Sale for Online Auctions and any interest earned on the sale proceeds until the date of
- You authorise us in our discretion to negotiate a sale by private treaty not later than the close of business 48 hours after the day of sale in the case of lots unsold at auction, in which case the same charges will be payable as if such lots had been sold at auction and so far as appropriate these Terms apply.
We disclaim all liability for goods delivered to our premises for inclusion in an online auction without sufficient sale instructions and reserve the right to charge you a minimum warehousing charge of £10 per lot per day. Unsold lots are subject to the same charges if you do not remove them within a reasonable time of notification. If not removed within three weeks we reserve the right to sell them and defray charges from any net proceeds of sale or at your expense to consign them to the local authority for disposal.
ONLINE AUCTION SERVICES
Our Website and our online auction facilities and services are provided by us or our service providers without any warranties or guarantees. All users of our Website and our online auction facilities and services bear the risks associated with the use of the internet. If, because of any technical difficulties or errors an online auction cannot be completed or properly conducted, our only responsibility to you is to enable you to re-list the goods once our online auction service is back up. In particular, we will not be liable to you for any loss of opportunity or disappointment suffered as a result of participating in our online auction.
- Subject to (b) and (c) below, after sale settlement of the net sum due to you normally takes place within 28 days of the sale (by crossed cheque to the seller) unless the buyer has not paid for the In this case no settlement will then be made but we will take your instructions in the light of our Conditions of Sale for Online Auctions. You authorise any sums owed by you to us on other transactions to be deducted from the sale proceeds. You must note the liability to reimburse the proceeds of sale to us as under the circumstances provided for in Condition 15 above. You should therefore bear this potential liability in mind before parting with the proceeds of sale until the expiry of 28 days from the date of sale.
- If you are a trader and the Buyer is a consumer who buys the goods at a virtual auction (an auction which is held online only so that there is no possibility for the Buyer to attend the auction in person), the Buyer may have the right to cancel its purchase of the goods from the date of the auction until the date that is 14 days after the day the buyer (or his agent) took possession of the goods. If the Buyer notifies us during this cancellation period that he wishes to cancel his purchase of the goods, we will promptly notify you in writing.
- If the Buyer is a consumer and has paid for and collected the goods, we will pay the net sum due to you on the later of: (a) 28 days in accordance with (a) above, and (b) the end of the cancellation period, in each case if no cancellation notice is received from the buyer. If the Buyer is a consumer, has paid for the Goods but has not collected them within 28 days of the last day of the auction, we will pay the proceeds to you as set out in (a) above and if we do receive a cancellation notice from the Buyer, you will promptly, and in any event within 7 days, transfer to us a sum equal to the proceeds so that we may refund the Buyer. We will not refund the Buyer until the goods have been returned to us or the Buyer has provided us with proof of shipping the goods to us. Please note that failure to transfer this sum to us will be a breach of these Terms of Consignment for Online Auctions, for which we may take legal action against you.
REGISTERED USER TERMS
All sellers must be registered users and accept our registered user terms in order to sell items at or otherwise participate in our online auctions. Your registered user terms are incorporated into and form part of our Online Auction Terms and Conditions.
Conditions of Sale for Online Auctions
Dreweatts carries on business with bidders, buyers and all those participating in an online auction on our Online Auction Terms and Conditions including these Conditions of Sale for Online Auctions, and all bidders, buyers and others participating in an online auction accept that these terms apply to the exclusion of any terms and conditions contained in any of those person’s own documents even if the same purport to provide that that person’s own or some other terms prevail.
Any particular online auction and/or any particular lot in an online auction may be subject to different or additional terms which will be published in our online auction catalogue. Please note that our Online Auction Terms and Conditions including these Conditions of Sale for Online Auctions relate to auctions held online only and we have separate terms and conditions for auctions held in one of our salerooms.
In these Conditions:
- “auctioneer” means the firm of Dreweatts or its authorised auctioneer, as appropriate;
- “deliberate forgery” means an imitation made with the intention of deceiving as to authorship, origin, date, age, period, culture or source but which is unequivocally described in the catalogue as being the work of a particular creator and which at the date of the sale had a value materially less than it would have had if it had been in accordance with the description;
- “hammer price” means the level of bidding reached (at or above any reserve) when the auctioneer brings down the hammer;
- “terms of consignment” means the stipulated terms and rates of commission on which Dreweatts accepts instructions from sellers or their agents;
- “total amount due” means the hammer price in respect of the lot sold together with any premium, Value Added Tax chargeable and any additional charges payable by a defaulting buyer under these Conditions;
- “sale proceeds” means the net amount due to the seller, being the hammer price of the lot sold less commission at the stated rate, Value Added Tax chargeable and any other amounts due to us by the seller in whatever capacity and however arising;
- “You”, “Your”, etc refer to the buyer as identified in Condition 2.
- The singular includes the plural and vice versa as appropriat
- INFORMATION THAT WE ARE REQUIRED TO GIVE TO CONSUMERS
- A description of the main characteristics of a lot is contained in the online auction catalogue which includes that lot. This description will also be contained in the order confirmation referred to in Condition 7.
- Our name, address and contact details as set out herein and/or on our Website
- If the Seller of a lot is a trader, the identity of the Seller and the Seller’s business address are as set out in the listing for the lot
- The technical means for concluding the contract to buy lots are set out in Condition 3. If you have made a mistake in inputting information, please click on the back arrow and you will be able to change it (but we accept no liability for any technical functions or errors)
- The price of the goods and arrangements for payment as described in Conditions 5, 6, 7 and 9
- The arrangements for collection of the goods as set out in the order confirmation and in Conditions 10 and 13.
- Your right to cancel your purchase of a lot and to receive a refund as set out in Condition 11 (provided you return the lot to us at your own cost) and a copy of the model cancellation form (attached)
- Your right to return a lot and receive a refund if the lot is a deliberate forgery as set out in Condition 20.
- We and any Sellers who are traders have a legal duty to supply lots to you in accordance with these Conditions of Sale for Online Auctions
- If you have any complaints, please send them to either the Seller, if the Seller is a trader at the address we provide to you for the trader, or to us directly at the address set out on our Website.
- BIDDING PROCEDURES AND THE BUYER
- All bidders must be registered users and accept our registered user terms before bidding on items at or otherwise participating in our online auctions. Your registered user terms are incorporated into and form part of our Online Auction Terms and Conditions.
- The maker of the highest bid accepted by the auctioneer conducting the sale shall be the buyer at the hammer price and any dispute about a bid shall be settled at the auctioneer’s absolute discretion by reoffering the lot during the course of the auction or other The auctioneer shall act reasonably in exercising this discretion.
- Bidders shall be deemed to act as
- (d) Our right to bid on behalf of the seller is expressly reserved up to the amount of any reserve and our right to refuse any bid is also reserved.
Bidding increments shall be at the auctioneer’s sole discretion.
- THE PURCHASE PRICE
The buyer shall pay the purchase price together with a premium thereon of 28.8% which shall include VAT on the premium at the rate imposed by law. The buyer will also be liable for any royalties payable under Droit de Suite as set out under Information for Buyers.
- VALUE ADDED TAX
Value Added Tax on the hammer price is imposed by law on all items affixed with an asterisk or double asterisk. Value Added Tax is charged at the appropriate rate prevailing by law at the date of sale and is payable by buyers of relevant Lots. (Please refer to “Information for Buyers” for a brief explanation of the VAT position).
- ORDER CONFIRMATION PROCESS
- Once we have received your successful bid on a lot, an automated confirmation of receipt will be displayed on the online auction platform. Please note that this does not mean that your bid has been accepted or that a contract has been made. We will confirm acceptance of your bid to you by sending you an order confirmation by e-mail which confirms that we have accepted your bid and that 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 will only be formed when we send you the order confirmation.
- The order confirmation will include the following information:
- the description of the lot that you have successfully bid for;
- the hammer price for the lot that you have successfully bid for plus the premium and any applicable VAT;
- confirmation of the arrangements for your payment for and collection of the lot;
- details of your right to cancel your contract and a model cancellation form;
- details of our legal duty to supply the lot in conformity with these Conditions of Sale for Online Auctions;
- our identity, address and contact details, and how you can complain;
- the identity of the Seller and the Seller’s business address if the Seller is a trader;
- details of your right to return the lot and receive a refund if the lot is a deliberate forgery; and
- a copy of our Online Auctions Terms and Conditions.
- We reserve the right to cancel your contract on behalf of the Seller in (amongst others) the following situations, without being liable for any damage or costs:
(ii) your contact or billing information is not correct or not verifiable;
(ii) your bid is flagged up by our security systems as an unusual bid or a bid susceptible to fraud; or
(iv) your payment is not received within 3 working days of our acceptance of your bid.
- THE CONTRACT BETWEEN YOU AND THE SELLER
- As set out at Condition 7, we will confirm acceptance of a successful bid for a lot to you by sending you an order confirmation by e-mail. The contract between you and the Seller will be formed when we send you the order confirmation.
- If you breach these Conditions of Sale for Online Auctions, 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 in our discretion provide the Seller with information or assistance in relation to that claim.
- Immediately a lot is sold you will:
- give to us, if requested, proof of identity, and
- pay to us the total amount due or in such other way as is agreed by
- Any payments by you to us may be applied by us towards any sums owing from you to us on any account whatever without regard to any directions of you or your agent whether expressed or
10. TITLE AND COLLECTION OF PURCHASES
The ownership of any Lots purchased shall not pass to you until you have made payment in full to us of the total amount
You shall at your own risk and expense take away any lots that you have purchased and paid for not later than 3 working days following the day of the auction or upon the clearance of any cheque used for payment after which you shall be responsible for any removal, storage and insurance char
No purchase can be claimed or removed until it has been paid for.
- RIGHT TO CANCEL
(a) If you purchase a lot at a virtual auction (an auction which is held online only so that there is no possibility for you to attend the auction in person) and you are contracting as a consumer and the Seller of a lot is a trader, you will have a statutory right to cancel your purchase of that lot if you change your mind for any reason. The provisions below set out your legal right to cancel in those circumstances.
(b) You may cancel your purchase at any time from the date of our order confirmation up to the end of the fourteenth day after the day of collection of the lot by you or the person specified by you for collection.
(c) To cancel your purchase, you must inform us of your intention to cancel it. You can do this by completing the model cancellation form attached to these Conditions of Sale for Online Auctions. If you use this method we will email you to confirm that we have received your cancellation. Alternatively , you send us your cancellation notice by any other method and then your cancellation is effective from the date you send us the email or post the letter to us.
(d) If you exercise your right to cancel your purchase, you will receive a refund of the total amount due paid for the lot in accordance with Condition 12. When exercising the cancellation right, you must return the lots to us immediately at your own cost (as set out below).
(e) You are entitled to a reasonable opportunity to inspect the lots (which will include removing them from their packaging and inspecting them). At all times, you must take reasonable care of the lots and must not let them out of your possession. If you are in breach of your obligations to take reasonable care of the lots in this Condition 11(e), we will have a claim against you and may deduct from the refund costs incurred by us as a result of the breach.
(f) This provision does not affect your statutory rights.
(g) The cancellation right described in this Condition is in addition to any other right that you might have to reject a lot, for instance because it is a deliberate forgery as set out in Condition 20 below.
- EXERCISING THE RIGHT TO CANCEL
(a) Where you have validly returned a lot to us under your right of cancellation described in Condition 11, we will refund the full amount paid by you for the lot.
(b) Please note that we are permitted by law to reduce your refund to reflect any reduction in the value of the lot, if this has been caused by your handling of the lot in a way contrary to the conditions specified in these terms or which would not be permitted during a pre-sale exhibition held prior to an auction. If we refund you the price paid before we are able to inspect the lot and later discover you have handled the lot in an unacceptable way, you must pay us an appropriate amount.
(c) You will be responsible for returning the lot to us at your own cost.
(d) We will process any refund due to you within the deadlines below:
(i) if you have collected the Lot but have not returned it to us: fourteen days after the day on which we receive the Lot back from you or, if earlier, the day on which you provide us with evidence that you have sent the Lot back to us; or
(ii) if you have not collected the Lot or you have already returned the Lot to us: 14 days after you inform us of your decision to cancel your contract.
(e) We will refund you using the same means of payment that you used for the transaction.
(f) Legal ownership of a Lot will immediately revert to the Seller if we refund any such payment to you.
- REMEDIES FOR NON-PAYMENT OR FAILURE TO COLLECT PURCHASES
- If any Lot is not paid for in full and taken away in accordance with these Conditions or if there is any other breach of these Conditions, we, as agent for the seller and on our own behalf, shall at our absolute discretion and without prejudice to any other rights we may have, be entitled to exercise one or more of the following rights and remedies:
- to proceed against you for damages for breach of contract;
- to rescind the sale of that Lot and/or any other Lots sold by us to you;
- to resell the Lot (by auction or private treaty) in which case you shall be responsible for any resulting deficiency in the total amount due (after crediting any part payment and adding any resale costs). Any surplus so arising shall belong to the seller;
- to remove, store and insure the Lot at your expense and, in the case of storage, either at our premises or elsewhere;
- to charge interest at a rate not exceeding 1.5% per month on the total amount due to the extent it remains unpaid for more than 3 working days after the sale;
- to retain that or any other Lot sold to you until you pay the total amount due;
- to reject or ignore bids from you or your agent at future auctions or to impose conditions before any such bids shall be accepted;
- to apply any proceeds of sale of other Lots due or in future becoming due to you towards the settlement of the total amount due and to exercise a lien (that is a right to retain possession of) any of your property in our possession for any purpose until the debt due is
- We shall, as agent for the seller and on our own behalf pursue these rights and remedies only so far as is reasonable to make appropriate recovery in respect of breach of these conditions
- COMMISSION BIDS
Whilst prospective buyers are strongly advised to participate personally in an online auction and are always responsible for any decision to bid for a particular Lot and shall be assumed to have carefully inspected and satisfied themselves as to its condition, we will if so instructed clearly and in writing execute bids on their behalf. Neither the auctioneer nor our employees or agents shall be responsible for any failure to do so. Where two or more commission bids at the same level are recorded we reserve the right in our absolute discretion to prefer the first bid so made.
- The seller warrants to the auctioneer and you that the seller is the true owner of the property consigned or is properly authorised by the true owner to consign for sale and is able to transfer good and marketable title to the property free from any third party
(b) If you purchase a Lot as a consumer from a Seller that is a trader, a number of additional terms may be implied by law in addition to the Seller’s warranties set out in Condition 15(a) (in particular under the Consumer Rights Act 2015). These Conditions of Sale for Online Auctions do not seek to exclude your rights under law as they relate to the sale of these Lots.
(c) 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 statute, common law or otherwise are excluded
The auctioneer normally acts as agent only and disclaims any responsibility for default by sellers or buyers.
- TERMS OF SALE
The Seller acknowledges that Lots are sold subject to the stipulations of these Conditions in their entirety and on the Terms of Consignment for Online Auctions as notified to the consignor at the time of the entry of the Lot.
- DESCRIPTION AND CONDITION
- Whilst we seek to describe lots accurately, it may be impractical for us to carry out exhaustive due diligence on each Prospective buyers are given ample opportunities to view and inspect before any sale and they (and any independent experts on their behalf) must satisfy themselves as to the accuracy of any description applied to a lot. You are strongly recommended to inspect any lots and, if you elect to participate in an auction online when that auction offers the possibility for bidders to attend in person, then you do so at your own risk.
Prospective buyers also bid on the understanding that, inevitably, 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 shall be honestly and reasonably held and accept liability for opinions given negligently or fraudulently. Subject to the foregoing neither we the auctioneer nor our employees or agents nor the seller accept liability for the correctness of such opinions and all conditions and warranties, whether relating to description, condition or quality of lots, express, implied or statutory, are hereby excluded. Dreweatts is not liable for damage to gilded picture frames, plaster picture frames or picture frame glass; if the Lot is or becomes dangerous, we may dispose of it without notice to you in advance in any manner we see fit and will be under no liability for doing so. This Condition is subject to the next following Condition concerning deliberate forgeries and applies save as provided for in paragraph 6 “information to buyers”.
- Private treaty sales made under these Conditions are deemed to be sales by auction for purposes of consumer legislation
Notwithstanding the preceding Condition, any Lot which proves to be a deliberate forgery (as defined) may be returned to us by you within 21 days of the auction provided it is in the same condition as when bought, and is accompanied by particulars identifying it from the relevant catalogue description and a written statement of defects. If we are satisfied from the evidence presented that the Lot is a deliberate forgery we shall refund the money paid by you for the Lot including any buyer’s premium provided that
(1) if the catalogue description reflected the accepted view of scholars and experts as at the date of sale or (2) you personally are not able to transfer a good and marketable title to us, you shall have no rights under this condition. The right of return provided by this Condition is additional to any right or remedy provided by law or by these Conditions of Sale.
- PRIVACY NOTICE
21. ONLINE AUCTION SERVICES
Our Website and our online auction facilities and services are provided by us or our service providers without any warranties or guarantees. All users of our Website and our online auction facilities and services bear the risks associated with the use of the internet. If, because of any technical difficulties or errors an online auction cannot be completed or properly conducted, our only responsibility to you is to enable the Sellers to re-list the goods once our online auction service is back up. In particular, we will not be liable to you for any loss of opportunity or disappointment suffered as a result of participating in our online auction.
- We shall have the right at our discretion, to refuse admission to our premises or attendance at our auctions by any
- (a) Any right to compensation for losses liabilities and expenses incurred in respect of and as a result of any breach of these Conditions and any exclusions provided by them shall be available to the seller and/or the auctioneer as appropriate
(b) Such rights and exclusions shall extend to and be deemed to be for the benefit of employees and agents of the seller and/or the auctioneer who may themselves enforce them.
- Any notice to any buyer, seller, bidder or viewer may be given by first class mail, email or Swiftmail in which case it shall be deemed to have been received by the addressee 48 hours after posting.
- Special terms may be used in catalogue descriptions of particular classes of items in which case the descriptions must be interpreted in accordance with any glossary appearing at the commencement of the
- Any indulgence extended to bidders, buyers or sellers by us notwithstanding the strict terms of these Conditions or of the Terms of Consignment shall affect the position at the relevant time only and in respect of that particular concession only; in all other respects these Conditions shall be construed as having full force and
- These Conditions shall be governed by and construed in accordance with English law and the parties irrevocably submit to the exclusive jurisdiction of the English courts..
REGISTERED USER TERMS
(Complete and return this form only if you wish to withdraw from the Contract and cancel your purchase of a lot)
To [ insert name address, telephone number and email address of the auctioneer]
1/We [*] hereby give notice that 1/We [*] cancel my/our (*] contract of sale of the following goods[*]:
Brief Description of Lot:
Bid successfully on [*]/received on [*]:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
[*] Delete as appropriate
Important Notices to Wines and Spirits Buyers
The notices below form part of our Online Auction Terms and Conditions of Business as published on our Website, and potential bidders must acquaint themselves with these notices prior to bidding. The condition of any lot falling within the notices as outlined may not be deemed sufficient reason to return the lot to us. Please note that Dreweatts are unable to give any further verbal condition reports or comment for any lot, and all condition reports and requests must be submitted in writing via our website www.dreweatts.com, or by fax on 01635 553 599.
IN BOND LOTS
Those lots that are in bond are marked accordingly in the catalogue. If bought in bond no excise duty or clearance VAT will be charged on the wine. To buy in bond, please request this in writing prior to the sale. Buyers who do not do so will be invoiced duty paid (duty at prevailing rates will be added to the hammer price of the lot and VAT at the current rate will be charged on the whole amount). These charges will not be cancelled or refunded by Dreweatts. VAT will be added to the buyer’s premium on lots whether or not they are bought in bond.
All purchases are subject to a buyer’s premium, which is 15% of the hammer price (18% including VAT) up to and including £150,000, and 12% of the hammer price (14.4% including VAT) in excess of £150,000. In the event the lot has an asterisk (*) beside the lot number in the catalogue, this indicates that the lot is owned by an entity or company required to pay VAT (generally not an Antique Dealer, as they operate under a dealers margin scheme). VAT is payable at 20% on the Hammer Price. Lots marked with a ** (presently a reduced rate of 5%) or *** (presently at standard rate of 20%) have been imported from outside the European Union to be sold at auction and therefore the buyer must pay the import VAT at the appropriate rate on the hammer price.
Wine and spirits offered for sale via Dreweatts are stored at Vinotheque in Burton on Trent. Collection can be made from Vinotheque or from Dreweatts saleroom 10 days after the sale. Dreweatts c/o Vinotheque Derby Road Derby Turn Burton on Trent DE14 1RY Storage charges will apply for any lots not collected within 10 days of the sale: £2.50 per lot fixed charge and £0.20 per week or part week thereafter. Please note for large consignments there may be additional charges. These charges will be the sole liability of the purchaser and will be billed directly to them by Dreweatts. To arrange long term wine storage with Dreweatts, please contact the Dreweatts Wine Department.
A minimum of 48 hours’ written notice is required for collection of lots. Lots can be collected Monday – Friday (between 9am – 4.30pm) subject to payment having been received by Dreweatts. Please contact Dreweatts Wine Department to arrange payment and schedule the collection.
Please note that Vinotheque are not able to deal with customers directly.
DELIVERY & TRANSFER
Lots can be delivered to buyers via Vinotheque’s delivery service. Warehouse transfers can also be made within the LCB network and to all other UK warehouses. Delivery arrangements should be confirmed when settling your account with Dreweatts. Please contact Dreweatts Wine Department for a delivery quote. Dreweatts Wine Department Dianne Wall Direct tel: + 44 (0) 1635 553 527 Main tel: + 44 (0) 1635 553 553 E-mail: firstname.lastname@example.org
Important Notices to Watch and Jewellery Buyers
The notices below form part of our Online Auction Terms and Conditions of Business as published on our Website, and potential bidders must acquaint themselves with these notices prior to bidding. The condition of any lot falling within the notices as outlined may not be deemed sufficient reason to return the lot to us. Please note that Dreweatts are unable to give any further verbal condition reports or comment for any lot, and all condition reports and requests must be submitted in writing via our website www.dreweatts.com, or by fax on 01635 553 599.
Important Notices to Watch Buyers
DAMAGE, RESTORATION, ALTERATION
Although every effort is made to note any damage, restoration or alterations, the absence of any such information in catalogue descriptions does not imply the lot is in perfect condition and free from any such defects. Prospective buyers should satisfy themselves as to the condition of any lot prior to bidding. All watches are serviced from time to time, and Dreweatts are unable to guarantee that the working parts of any watch movement, glass or crystal, winding crowns, watch bracelet, strap or buckle are the manufacturers’ original parts, unless otherwise stated in the catalogue description. We are unable to make any representation in our catalogue descriptions or condition reports as to the authenticity of such parts. Dreweatts are unable to make any representation, nor make any comment on, the authenticity of diamonds, or other gemstones, set Important Notices to Watch Buyers into watch dials, bezels, cases and bracelets.
All watch movements have been inspected by Dreweatts watchmaker and specialists, and we have verified all inventory and movement numbers. For the information of potential bidders, all inventory and movement numbers are listed in the catalogue description for the relevant lot.
There maybe Import Restrictions’ into some territories outside the United Kingdom placed on certain watch brands, or on the importation of watches with straps composed of animal skins which may fall under CITES Regulations. It is the sole responsibility of the buyer to comply with all Export/Import regulations and potential bidders are strongly recommended to check with their shipping agent as to any such regulations that may apply to any lot. Dreweatts are not shippers and are unable to offer any advice regarding such regulations.
Dreweatts condition reports will identify whether a watch functions at the time of cataloguing, and suggest possible, but not comprehensive, restoration work that may need to be carried out for the watch to function properly. Dreweatts are unable to test watches for accuracy or running to time, and we cannot guarantee that any watch will function when purchased from us. As we have examined all watch movements by removing the case backs, we cannot guarantee that water resistant watches will remain water resistant following purchase from us. Dreweatts recommend that any watch purchased from us is subsequently overhauled by a competent watchmaker to ensure proper functioning.
Important Notices to Jewellery Buyers
DAMAGE, RESTORATION, ALTERATION
Although every effort is made to note any damage, restoration or alterations, the absence of any such information in catalogue descriptions does not imply the lot is in perfect condition and free for any such defects. Prospective buyers should satisfy themselves as to the condition of any lot prior to bidding.
Prospective bidders should be aware than many coloured gems have been historically treated by a variety of methods to improve their appearance, both in terms of colour and transparency. Rubies and sapphires are routinely heat treated, emeralds and enhanced through the use of coloured and transparent oils and resins, and jadiete is routinely stained. These treatments, and others including irradiation and coating, are generally accepted by the jewellery trade as standard practice. Although most treatments are considered to be permanent, those gemstones which have been oiled may need to be re-treated to maintain their appearance.
Any such treatments affect the market value of coloured gemstones, and Dreweatts pre-sale estimates published in the catalogue assume that all gemstones, unless otherwise stated in the catalogue, may have been enhanced. Dreweatts may obtain Gemmological Reports from a recognised laboratory where appropriate detailing any enhancements, or lack of, for certain gemstones, and such reports may be obtained for prospective bidders prior to the sale, provided such requests are made at least three weeks before the sale, and that the requesting party has pre-paid for such a report. However it is not possible for Dreweatts to obtain reports for every stone offered in the sale.
In the absence of a gemmological laboratory report, it is not possible for Dreweatts to make any comment on the possibility that any gemstone in any lot may have been subject to enhancement.
Dreweatts catalogue descriptions and condition reports adhere to the guidelines laid out in the ‘Blue Book’ of CIBJO, the International Jewellery Confederation.
All gram weights have been obtained using an electronic balance, but weights stated in the catalogue are approximate and for guidance only, and potential bidders should satisfy themselves as to their accuracy.
‘…approximately 1.20 carats total,…’ all such stone weights are estimated using standard equipment and formulae, and are subject to the limitations imposed by the mount.
‘…weighing 1.20 carats,…’ where the description reads as such, the stones in question have been removed from the mount and weighted using an electronic balance.
‘…by Lacloche,…’ in our opinion is a piece made by or for the jeweller, bearing relevant signatures, maker’s marks, and where appropriate, the maker’s inventory number/s.
‘…signed Lacloche,…’ in our opinion is a piece retained by the jeweller, but not necessarily made by them. This may also mean that the piece has been mounted by the jeweller using stones supplied by the client; a special commission from a client’s design; or has been altered or later added to.
COLOURED STONES OF BURMA (MYANMAR) ORIGIN
Buyers should be aware that certain territories (notably the United States of America) have import restrictions on certain coloured gemstones. All gemstones that maybe of Burma (Myanmar) origin, notably rubies and jadeite, may require a certificate of origin before they can be imported.
Prospective bidders for such gemstones should check with their shipper, and relevant Government authorities regarding any necessary certification prior to bidding. Whilst Dreweatts are able to suggest a number of Gemmological Laboratories for such certification, we are unable to carry out any such certification for potential bidders or buyers.
Detailed condition reports for all lots are available from our website www.dreweatts.com, and upon direct request to the Saleroom.
Please note that Dreweatts are unable to giveverbal condition reports for any lot, and all condition reports will be given in writing via our website www.dreweatts.com, or by fax (f ax no: 01635 553 599). Dreweatts jewellery specialists and qualified gemmologists are available during the view to answer any queries.
Dreweatts are unable to offer any form of packing, dispatch or shipping services, and clients should make their own collection arrangements for purchased lots. Dreweatts are happy to suggest the services of a number of dispatch and shipping carriers.
Important Notices regarding the cataloguing of Clocks
Movements, dials and cases:
movements and dials are described as relating to the cases in which they are housed in one of the following three ways:
- the … we are of the opinion that the movement and dial started life in the current case.
- in a case… we are of the opinion that the movement and dial are in a case of correct period and type (and may well be original to the movement and dial), however we cannot be certain as to whether both started out life together.
- 3. now in a case… we are of the opinion that the movement and dial are no longer in the original case as it is not of correct period and/or type
Pendulums, weights, winding and case keys:
we do not specify in the catalogue description whether a clock is complete with a pendulum, weight(s), case key or winder (where appropriate); this information will be provided in the condition report available via our website or by request. It is the bidders responsibility to satisfy themselves as to whether these items are present with the clock prior to bidding.
due to the mechanical nature of clocks and the fact that most are of great age we cannot offer any guarantee as to whether they are in working order or free from major faults or restoration. Although we endeavour to catalogue items in a fair and informed manner, omission of any comments or observations regarding the condition or originality of a clock in the description does not necessarily indicate that it is free from significant faults, restoration or is in working condition. We would strongly advise any prospective purchaser to view the item in person or request a condition report and/or further images prior to bidding.
dial measurements are given in inches; other dimensions such as height are given in centimetres and inches. In the absence of specific clarification the measurement given for the height of a longcase clock excludes any removable finials in order to provide an approximate minimum ceiling height in which the clock can be accommodated.
Terms and Conditions for Website Use
Dreweatts 1759 Ltd ((“Dreweatts”, “we” or “us”),
Registered in England: 10758982
Address: Donnington Priory Oxford Road, Donnington, Newbury, Berkshire RG14 2JE, England
Tel: + 44 (0) 1635 553 553
Fax: + 44 (0) 1635 553 599
If you wish to contact us please use the details above.
Please understand that reporting a concern about Website content does not guarantee that it will be removed from the Website.
ACCESS TO THE WEBSITE
- Access to the Website is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on the Website without notice. We will not be liable if for any reason the Website is unavailable at any time or for any period.
- All materials on the Website and all intellectual property rights in the Website are owned, licensed to and/or controlled by Dreweatts and its licensors. All material on the Website is protected by copyright. Permission is granted only to electronically copy and/or print in hard copy portions of the Website for personal, non-commercial purposes. Any other use of the materials on the Website (including but not limited to making such material available on any other website, online service, social networking site or networked computer environment) is strictly prohibited unless otherwise expressly agreed by us.
- The Website may include links to other websites. We do not endorse or approve and have no responsibility for the content of any website to which the Website links including but not limited to any advertising, marketing, promotions, products or services available from such websites, nor for any loss caused by the use of or reliance on the content of such external websites.
- No authority is given (expressly or implied) by us to deep link to or to frame any of the content that appears on the Website or to use any representation of any of the trade marks, service marks, trade names, branding or logos that appear on the Website. Linking to the Website is prohibited.
- Although Dreweatts has taken reasonable care and precautions in compiling the Website, we do not make any representations or warranties of any kind (expressly or implied) with respect to the content or operation of the Website and any such representations and warranties are excluded by this notice. We do not warrant that use of the Website will be uninterrupted or error free.
- Your use of the Website and the materials contained in it is entirely at your own risk. Dreweatts does not accept any liability for losses or damages, whether direct or indirect, that you may suffer as a result of your use of the Website or your reliance on the content of the Website including but not limited to computer service or system failure, access delays or interruption, data non-delivery or mis-delivery, computer viruses or other harmful components, breaches of security or unauthorised use of the system arising from “hacking” or otherwise.
- The Website is made available on the basis that all liability whatsoever for any loss or damage arising out of or in connection with your use of the Website, or reliance on the content of the Website, is excluded by us to the fullest extent permitted by law.
- Any typographical, clerical or other error or omission in any page posted on the Website shall be subject to correction or deletion (as appropriate) without any liability on our part. We aim to update the Website regularly and may change the content at any time. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. The information on the Website is based on sources believed to be reliable; however, no assurances are provided to the user that the information is accurate and complete.
COMPLIANCE WITH APPLICABLE LAWS
- You agree not to use the Website (or any part of it) for any illegal purpose and agree to use it in accordance with all applicable laws. You agree not to upload or transmit through the Website any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. You will not upload or transmit through the Website any material that is defamatory, offensive or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety. You will not use the Website in any manner that violates or infringes the rights of any person or company (including but not limited to rights of intellectual property, rights of confidentiality or rights of privacy). You accept that breach of any of these obligations may result in us terminating your access to the Website.
USER NAMES AND PASSWORDS
- If you choose, or if you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
- We may from time to time provide interactive services on the Website, including, without limitation, online auctions and other buying or selling facilities (together the “Interactive Services”). We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any Interactive Service provided on our Website. However, we are under no obligation to oversee, monitor or moderate any Interactive Service we provide on our Website, and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Service by a user in contravention of our content standards, whether the service is moderated or not.
- The use of any of our Interactive Services by a person under the age of 18 years old is not permitted.
SELLER AND BUYER POLICIES
21. If you are a seller you must comply with our Conditions of Sale including our Terms of Consignment for Sellers and any applicable product-specific notices which form part of our Auction Terms and Conditions. Please be aware that our Online Auction Terms and Conditions are different from the Terms and Conditions printed in our catalogues which are intended to apply to persons selling items at an auction in one of our salerooms.
22. If you are a bidder or a buyer at one of our online auctions (whether that auction is a ‘virtual’ auction only held online or whether you are participating online through our Website in an auction taking place in one of our salerooms) you must familiarise yourself with and accept our Conditions of Sale, Important (?) Notices, Information for Buyers at Online Auctions (including any applicable product-specific notices, for example relating to watches, jewellery and clocks), which form part of our Online Auction Terms and Conditions. Please be aware that our Online Auction Terms and Conditions are different from the Terms and Conditions printed in our catalogues which are intended to apply to persons bidding at an auction in one of our salerooms.
23. As a buyer, when purchasing any item on or through this Website or any Service you agree that:
(i) You are a registered user and you have bid for and bought the item in accordance with our registered user terms and our Auction Terms and Conditions;
(ii) You will have first read the complete item listing including the full description (if available) and the related terms of sale;
(iii) You enter into a legally binding contract to purchase an item when you commit to buy an item or, in the case of an auction or similar bidding process, when you are awarded the winning bid on an item and we have sent you a confirmatory email; and
(iv) If we believe, in our sole discretion, that an error has been made in the pricing of an item, that transaction is not binding on you or the seller unless and until the seller delivers the item to you as the buyer (whether or not you may have already paid for the item).
24. You will not bid on any item with the intention of artificially increasing the price or desirability of the item (so-called ‘shill bidding’) or otherwise manipulate the price of an item nor assist, solicit or encourage any such activity.
CONTRIBUTIONS TO THE WEBSITE
25. These content standards apply to any and all material which you contribute to our Website (“Contributions”), and to any interactive services associated with it.
(i) be accurate (where they state facts);
(ii) be genuinely held (where they state opinions); and
(iii) comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
(i) contain any material which is defamatory of any person;
(ii) contain any material which is obscene, offensive, hateful or inflammatory;
(iii) promote sexually explicit material;
(iv) promote violence;
(v) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(vi) infringe any copyright, database right or trade mark of any other person;
(vii) be likely to deceive any person;
(viii) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(ix) promote any illegal activity;
(x) be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
(xi) be likely to harass, upset, embarrass, alarm or annoy any other person;
(xii) be used to impersonate any person, or to misrepresent your identity or affiliation with any person; or
(xiii) give the impression that they emanate from us, if this is not the case.
26. Without prejudice to your responsibilities to comply with the above content standards, you hereby assign (including by way of present assignment of future rights) all rights, title and interest, including all intellectual property rights, in and to all Contributions to Dreweatts absolutely and you hereby grant to Dreweatts all consents, rights, and waivers as may be necessary or desirable for Dreweatts to use, apply and exploit your Contributions in any manner and by any means and to the fullest extent permitted by law.
LIMITATION OF LIABILITY
28. Neither we nor any of our subsidiaries, affiliates, employees, agents, sellers, third-party content providers or licensors, or any of their officers, directors, employees or agents, shall be liable for any indirect, consequential, special, incidental, or punitive losses or damages which may arise out of or in connection with your use of the Website or the use of or reliance upon any of its content.
29. Our total aggregate liability in respect of causes of action that arise, whether in tort (including negligence), breach of contract or otherwise out of or in connection with the use of the Website or the use of or reliance upon any of its content or other information shall not exceed £500, save to the extent that any person suffers death or personal injury as a result of our negligence, or such liability arises as a result of our fraudulent misrepresentation, or otherwise if and to the extent that any such liability may not be lawfully excluded or limited.
31. The Website is controlled, operated, and administered by us from our offices within the United Kingdom and we make no representation that any Website content is appropriate or available for use at any other location outside the United Kingdom, and access to the Website from territories where the contents or products or services available through the Website are illegal is prohibited. If you access the Website from a location outside the United Kingdom, you are responsible for compliance with all local laws.
34. Should any dispute arise which is not be resolved directly between you and us, there are a number of government approved and EU listed certified alternative dispute resolution service providers, including ProMediate (UK) Limited (www.promediate.co.uk) and others which can be accessed here http:ec.europa.eu/odr; but we are not obliged to and do not agree to have our customers’ complaints handled by these providers.
These terms and conditions were last updated on 1st April 2018 and replace all previous terms and conditions.
Registered User Terms
A registered user is a person who has registered to use a service and/or to access certain pages on our Website in accordance with these Registered User Terms. Please read these Registered User Terms carefully before creating an account.
In order to become a registered user you must:
- Be an individual of at least 18 years of age;
- Create only one user account for your sole use; and
- Provide accurate personal information about you at registration and in all future interactions with us and with third parties, and all such information must be true, accurate, current, and complete.
Upon duly completing the relevant registration process and creating a username and password, you will be registered as a registered user of the Website.
You are solely responsible for holding and managing your account, including protecting the identity of your password and maintaining proper control and supervision of your account, and you are solely responsible for your use of our Website and for the use of our Website by anyone who uses our Website under your user account profile.
If you choose, or if you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Registered User Terms.
If you know or suspect that anyone other than you knows your user identification code or password, you must immediately reset your username and/or password and notify us at: email@example.com.
Your account is non-transferable and may not be sold, combined or otherwise shared with any other person. You may not create any additional accounts or multiple passwords whilst your original account is active. You may not create an additional account following suspension of an original account.
You may not commit or attempt any fraud including deliberately submitting any inaccurate information or falsifying any information in connection with your use of the Website or your account, and if this occurs you are responsible for any and all losses and damages that we may suffer or incur as a result of your actions. We may also notify your internet service provider of any fraudulent activity we associate with you or your use of the Website or your account.
If your account is closed you may not join under a new account or re-enrol unless we formally invite you to do so. These Terms will survive any closure or termination of your account.
If we modify our Website in a way that will significantly affect your use of the Website or any of our Services, we will notify you through the email address registered to your account and/or by posting a notice of such change on our Website. You agree to electronic communications and acknowledge that all contractual notices and other communications that we provide electronically comply with any requirement that they must be in writing. This does not affect your statutory rights.
These Registered User Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.
These Bidder Terms apply to bidding at or otherwise participating in any auction accessed or made available via our Website. In order to bid at or otherwise participate in any auction accessed or made available via our Website you must become a registered user and these Bidder Terms form part of our Registered User Terms.
If you are a bidder or a buyer at one of our online auctions (whether that auction is a ‘virtual’ auction only held online or whether you are participating online through our Website in an auction taking place in one of our salerooms) you must familiarise yourself with and accept our Conditions of Sale, Notices, Information for Buyers at Online Auctions (including any applicable product-specific notices, for example relating to watches, jewellery and clocks), which form part of our Online Auction Terms and Conditions. Please be aware that our Online Auction Terms and Conditions are different from the Terms and Conditions printed in our catalogues which are intended to apply to persons bidding at an auction in one of our salerooms.
When acting as auctioneers we do not own and we are not the seller of any of the auction items listed. The contract for sale is made directly between the buyer and the seller and we are not a party to that contract. We do not have control over and we do not guarantee the existence, quality, legality or safety of any items offered for sale at auction or the truth or accuracy of descriptions, or the ability of sellers to sell, any item listings.
We do not have responsibility for the safety of lots. The bidder cannot assume that lots are not dangerous to the bidder. We cannot protect bidders from injury or death which might result from using lots. We do not have responsibility for the legality of lots. The bidder cannot assume that lots are lawfully offered in the correct legal jurisdiction. We do not protect bidders from any illegality which might arise following their purchase or lots.
You agree that:
- You cannot bid in an auction if you are the seller of the item and you must not ask anyone else to bid on your behalf;
- You must not be in contact with other bidders prior to the final sale of any item;
- The highest bidder is compelled by law to complete the transaction, except if the reserve is not met or the bid is found to be not operable; and
- You can only act for a third party when given authority in writing by the Auctioneer to do so.
A live online auction may provide the facility for bidders to bid in the auction by placing commission bids in advance of the auction and during the auction. A commission bid is the highest sum the bidder is prepared to bid on a specific lot. Commission bids are executed on behalf of the bidder during the auction at the lowest possible amount. Commission bids are at the risk of the bidder and we do not accept responsibility for and we are not liable for the communication and placement of commission bids.
We do not guarantee that any buyer or seller will actually complete a transaction, remit a payment or refund, and/or return an item. We will not be responsible for any items sold at any auction accessed or made available via our Website, for any loss of or damage to items during transit or during the inspection period, or for misrepresentations and/or breaches of contract by the buyer or the seller.
You agree to indemnify us against any loss, damage, obligation, liability, cost, claim, charge or expense suffered or incurred by us that arises out of or in connection with your act, omission or breach of the Bidder Terms.