Terms & Conditions

Introduction: The following informative notes are intended to assist Buyers, particularly those inexperienced or new to our salerooms. All sales are conducted on our printed Conditions of Sale which are readily available for inspection and normally accompany catalogues. Our staff will be happy to help you if there is anything you do not fully understand.

Agency: As auctioneers we usually contract as agents for the seller whose identity, for reasons of confidentiality, is not normally disclosed. Accordingly if you buy your primary contract is with the seller.

Estimates: Estimates are designed to help buyers gauge what sort of sum might be involved for the purchase of a particular lot. 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 by announcement before the sale. They are in no sense definitive.

Buyer's Premium: The buyer agrees to pay a buyer's premium on the hammer price of each lot purchased. The buyer's premium is 22% of the hammer price up to and including £500,000, 15% of the hammer price from £500,001 up to and including £1,000,000, and 10% of the hammer price in excess of £1,000,001. VAT at the prevailing rate of 20% is added to buyer's premium and additional charges as defined below.

VAT: . (*) indicates that VAT is payable by the purchaser at the standard rate (presently 20%) on the hammer price as well as being an element in the buyer's 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 importation into the UK. The double symbol (**) 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 VAT (5%) on the lot price. Lots which appear without either of 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 it should be noted that the VAT included within the Premium is not recoverable as input tax. HMRC have decreed that VAT on buyer's premium is always payable whether the buyer is domiciled in the UK, the EU or outside the EU or wherever the goods are to be sent. So auctioneers cannot refund VAT on buyer's premium if the goods are sold under normal VAT rules.

Descriptions and Condtions: . 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, and large numbers of such requests received shortly before the sale may not receive a response to all lots. Members of staff are not trained restorers or conservators and, particularly for higher value lots, you should obtain an opinion from such a professional. We recommend that you always view a lot in person. We are, primarily, agents for the seller. We are dependent on information provided by the seller 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 or any 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, therefore, accept responsibility for inspecting and investigating lots in which they may be interested. 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. 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).

Electrical Goods: These are sold as 'antiques' only and if bought for use must be checked over for compliance with safety regulations by a qualified electrician first.

Export of Goods: Buyers intending to export goods should ascertain (a) whether an export licence is required and (b) whether there is any specific prohibition on importing goods of that character because, e.g. they may contain prohibited materials such as ivory. Ask us if you need assistance.

Bidding: Bidders are required to register before the sale commences and lots will be invoiced to the name and address on the registration form. Some form of identification may be required if you are unknown to us. Please enquire in advance about our arrangements for telephone bidding.

Commission Bidding: Commission bids may be left with the auctioneers indicating the maximum amount to be bid excluding buyers' 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. Please enquire in advance about our arrangements for the leaving of commission bids by telephone or fax.

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 bid / paddle 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 on the front or your invoice.

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. A surcharge of 3% is payable on all payments made by  Non-EU debit and credit cards.

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.

Droit de suite royalty charges: 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 ? 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.

Henry Aldridge and Son Ltd offers an online bidding service via the-saleroom.com, EasyLive Auctions and our own White Label service for bidders who cannot attend the sale.

In completing the bidder registration on www.the-saleroom.com, EasyLive.com  our own White Label service and providing your credit card details and unless alternative arrangements are agreed with Henry Aldridge and Son Ltd. You authorise Henry Aldridge and Son Ltd, if they so wish, to charge the credit card given in part or full payment, including all fees, for items successfully purchased in the auction via the-saleroom.com, and confirm that you are authorised to provide these credit card details to Henry Aldridge and Son Ltd through www.the-saleroom.com, EasyLive Auctions and our own White Label service and agree that Henry Aldridge and Son Ltd are entitled to ship the goods to the card holder name and card holder address provided in fulfilment of the sale.

Please note that any lots purchased via the-saleroom.com live auction service will be subject to an additional 5% commission charge + VAT at the rate imposed on the hammer price. Lots purchased via EasyLiveAuctions.com will be subject to a £3 set fee or 3% plus VAT at the rate imposed on the hammer price,  based on which of their services you have registered for. Our own White Label service will be subject to a 3% commission charge plus VAT at the rate imposed on the hammer price.

Interpretation: 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 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.

Warranty: 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.

All commissions and fees are subject to VAT at the prevailing rate.

Commission is charged to sellers at the following rates, please enquire at the auction rooms.

Removal costs: 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 - Henry Aldridge and Son Ltd are not authorised by the FSA to provide insurance to its clients, and does not do so. However Henry Aldridge and Son Ltd for its own protection, assumes liability for property consigned to it at the lower pre-sale estimate until the hammer falls. To justify accepting liability, Henry Aldridge and Son Ltd make 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 Henry Aldridge and Son Ltd shall be limited to the lower pre- sale estimate or the hammer price if the lot is sold.

If the owner of the goods consigned instructs us in writing not to take such action, the goods then remain entirely at the owners 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 6 (a) is inapplicable.

Illustrations: The cost of any illustrations is borne by you. If we consider that the Lot should be illustrated your permission will be asked first. The copyright in respect of such illustrations 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 sale in accordance with clause 9. We may sell Lots below the reserve provided we account to you for the same sale proceeds as you would have received had the reserve been the hammer price. If you specifically give us a "discretion" we may accept a bid of up to 10% below the formal reserve.

Reserves:

You are entitled to place prior to the auction a reserve on any lot consigned, being the minimum hammer price at which that lot may be sold. 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 except with our consent.

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 or instruct any person to bid on your behalf.

Reserves are not usually accepted for lots expected to realise below £100.

Electrical Items: 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 on your being notified. We reserve the right to dispose of unsafe goods as refuse, at your expense.

Soft Furnishings: 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 clause 10 and 11 are subject to the provisions of The Torts (Interference with Goods) Act 1977, Schedule 1, a copy of which is available for inspection on request.

Descriptions: Please assist us with accurate information as to the provenance 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 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 reimburse us the sale proceeds.

Unsold: 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 the saleroom 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. In particular you undertake that you have the right to sell the goods either as owner or agent for the owner. You undertake to compensate us and any buyer or third party for all losses liabilities and expenses incurred in respect of and as a result of any breach of this undertaking. 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 commission at the stated rate and all expenses incurred for your account from the hammer price and consent to our right to retain beneficially the premium paid by the buyer in accordance with our Conditions of Sale and any interest earned on the sale proceeds until the date of settlement.

You authorise us in our discretion to negotiate a sale by private treaty not later than the close of business 72 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.

Warehousing: We disclaim all liability for goods delivered to our saleroom without sufficient sale instructions and reserve the right to make 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.

Settlement: After sale settlement of the net sum due to you normally takes place approximately 15 Working days of the sale  via bank transfer if specified unless the buyer has not paid for the goods. In this case no settlement will then be made but we will take your instructions in the light of our Conditions of Sale. 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 12 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.

Henry Aldridge & Son Ltd carries on business with bidders, buyers and all those present in the auction rooms prior to or in connection with a sale on the following General Conditions and on such other terms, conditions and notices as may be referred to herein.

Definitions:

In these Conditions:

"auctioneer" means the firm of Henry Aldridge and Son Ltd.

"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 Henry Aldridge and Son Ltd 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 appropriate.

Bidding procedures and the Buyer:

Bidders are required to register their particulars before bidding and to satisfy any security arrangements before entering the auction room to view or bid;

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 otherwise. The auctioneer shall act reasonably in exercising this discretion.

Bidders shall be deemed to act as principals.

Our right to bid on behalf of the seller is expressly reserved up to the amount of any reserve and the right to refuse any bid is also reserved.

Increments: Bidding increments shall be at the auctioneer's sole discretion.

The purchase price. together with a premium thereon of 24% 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).

Payment

Immediately a Lot is sold you will:

a. give to us, if requested, proof of identity, and

b. pay to us the total amount due or in such other way as is agreed by us.

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 express or implied.

Buyers who utilise the services of ATG Live Auctions or any other live internet services are hereby informed that the payment method details that are provided to ATG Live Auctions or any other live internet services as part of the process of registration will, in the absence of compliance with paragraph (1) of this clause, be utilised by us to settle any amounts owing by such buyers to us.

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 due.

You shall at your own risk and expense take away any lots that you have purchased and paid for not later than 5 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 charges.

No purchase can be claimed or removed until it has been paid for.

Henry Aldridge and Son Ltd can accommodate packing and shipping for certain items. For lots they are unable to provide this service for, successful buyers must make these arrangements independently, though the saleroom may be able to suggest specialist shipping companies who can advise buyers, this advice is not a recommendation and the saleroom is not liable for any aspect of the packaging and shipping process. Please note that the cost of packaging and shipping depends on the size/weight of the item(s) purchased, insurance requirements, and the shipping destination, not on the value of the item(s) purchased. Please note that any items not collected within one week of the sale date may be automatically removed to commercial storage and subject to a storage charge.

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:

a. to proceed against you for damages for breach of contract;

b. to rescind the sale of that Lot and/or any other Lots sold by us to you;

c. 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;

d. to remove, store and insure the Lot at your expense and, in the case of storage, either at our premises or elsewhere;

e. 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 7 working days after the sale;

f. to retain that or any other Lot sold to you until you pay the total amount due; g. to reject or ignore bids from you or your agent at future auctions or to impose conditions before any such bids shall be accepted;

h. 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 satisfied.

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.

Third Party Liability: All members of the public on our premises are there at their own risk and must note the lay-out of the accommodation and security arrangements.

Accordingly neither the auctioneer nor our employees or agents shall incur liability for death or personal injury (except as required by law by reason of our negligence) or similarly for the safety of the property of persons visiting prior to or at a sale.

Commission Bids: Whilst prospective buyers are strongly advised to attend the 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.

Warranty of title and availability: 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 claims.

Agency: 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 as notified to the consignor at the time of the entry of the Lot.

Descriptions and condition:

Whilst we seek to describe lots accurately, it may be impractical for us to carry out exhaustive due diligence on each lot. 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. 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. 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.

Forgeries: Notwithstanding the preceding Condition, any Lot which proves to be a deliberate forgery (as defined) may be returned to us by you within 28 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

if the catalogue description reflected the accepted view of scholars and experts as at the date of sale or

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.

We shall have the right at our discretion, to refuse admission to our premises or attendance at our auctions by any person.

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.

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 or email or 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 catalogue.

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 effect.

English law applies to the interpretation of these Conditions.

Introduction: The following notes are intended to assist bidders and buyers, particularly those that are inexperienced or new to our online salerooms. All of our online auctions are governed by our Conditions of Business for Online Auctions incorporating the Terms of Consignment for Online Auctions (primarily applicable to sellers), the Terms of Sale for Online Auctions (primarily applicable to bidders and buyers) and any notices that are displayed on any listing for a lot in our online auction catalogue.

Please contact us if there is anything in our Conditions of Business for Online Auctions that you do not fully understand. Please make sure that you read our Terms of Sale for Online Auctions on our website carefully before bidding in any online auction. If your bid is successful, you will be obliged to comply with our Terms of Sale for Online Auctions.

Agency: As auctioneers we usually act on behalf of the seller whose identity, for reasons of confidentiality, is not normally disclosed. If, however, the seller is a trader, we will disclose the identity of the seller and the seller's business address to you on the listing for the relevant lot in our online auction catalogue. If you buy at auction your contract for the goods is with the seller, not with us as auctioneer.

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

Buyer's Premium The Terms of Sale for Online Auctions oblige you to pay a buyer's premium at 20% on the hammer price of each lot purchased. In addition, VAT is included in this premium (see below).

VAT: Items in our online auction catalogue may be marked in the following ways:

(*) indicates that VAT is payable by the buyer on the hammer price as well as being an element in the buyer's premium. VAT will be chargeable at the standard rate (presently 20%). 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 importation into the UK.

(**) indicates that the lot has been imported from outside the European Union. These lots are liable to a reduced rate of VAT (5%) on the hammer price and buyer's premium).

Lots which do not have either of the above symbols have no VAT payable on the hammer price. This is because such lots are sold using the Auctioneers' Margin Scheme. The VAT included within the premium is not recoverable as input tax.

Electrical Goods: These are sold as "antiques" only. If you buy electrical goods for use you must ask a qualified electrician to check them for compliance with safety regulations before you use them.

Export of goods: If you intend to export goods you must find out:

whether an export licence is needed; and

if there is a prohibition on importing goods of that character e.g. because the goods contain prohibited materials such as ivory.

Bidding: Bidders will be required to register with us before the online auction starts. We reserve the right to impose a deadline prior to the auction by which you must register. If you wish to bid on high value lots this deadline may be several days before the auction in order to allow us sufficient time to carry out the necessary checks. Lots will be invoiced to the name and address on the registration form. You will need to provide us with proof of your identity in a form acceptable to us and such other information as we may require. Please note that we may refuse to register you if you do not provide us with all the information and documentation that we ask for or at our discretion.

Methods of Payment: Acceptable methods of payment are displayed on our website/ online bidding platform.

Collection and storage: Please note what the Terms of Sale for Online Auctions say about collection and storage. It is important that you pay for and collect goods promptly. Any delay may involve you having to pay storage charges.

Cancellation of purchase: Cancellation of purchase. If you purchase a lot as a consumer from a seller who is a trader, you may have a right to cancel your purchase of that lot from the day of the 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 Terms of Sale for Online Auctions.

Both the sale of goods at our online auctions and your relationship with us are governed by the Terms of Consignment for Online Auctions (primarily applicable to sellers), the Terms of Sale for Online Auctions (primarily applicable to bidders and buyers) and, in relation to specific lots, any notices that are displayed in the listing for that lot in our online auction catalogue at the time of the auction (collectively, the "Conditions of Business for Online Auctions"). The Terms of Consignment for Online Auctions and the Terms of Sale for Online Auctions are available on our Website.

Please read these Terms of Consignment for Online Auctions carefully. Please note that if you (or another person acting on your behalf) provide goods to us to sell on your behalf at our online auction, this signifies that you agree to and will comply with these Terms of Consignment for Online Auctions.

Please note that these Terms of Consignment for Online Auctions relate to auctions held online only. We have separate terms for auctions held at our premises.

Definitions and interpretation To make these Terms of Consignment for Online Auctions easier to read, we have given the following words a specific meaning:

"Auctioneer" means Henry Aldridge and Son Ltd

"Bidder" means a person who places a bid for Goods at our online auction;

"Bidding Platform" means the bidding platform on which the online auction is held operated by the Auctioneer, or by a third party service provider on the Auctioneer's behalf;

"Buyer" means the person who makes the highest bid for the Goods accepted by the Auctioneer;

"Commission" means the commission that we charge you on the sale of the Goods as set out in Clause 5 below;

"Consumer" means an individual acting for purposes which are wholly or mainly outside that individual's trade, business, craft or profession;

"Consumer Contracts Regulations" means the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;

"Deliberate Forgery" means: (a) an imitation made with the intention of deceiving as to authorship, origin, date, age, period, culture or source; (b) which is described in the catalogue as being the work of a particular creator without qualification; and (c) which at the date of the auction had a value materially less than it would have had if it had been as described;

"FCA" means the Financial Conduct Authority;

"Goods" means the goods that you consign to us for sale at our online auction;

"Hammer Price" means the level of the highest bid for the Good (at or above any Reserve) [when the Listing Period for the lot ends] [when the Auctioneer brings down the hammer];

"Listing" means a listing of Goods for sale on the Website or Bidding Platform;

"Premium" means the premium charged to the Buyer on the sale of the Goods in accordance with the Terms of Sale for Online Auctions;

"Price" means the total of the Hammer Price, Premium and any applicable VAT;

"Proceeds" means the Price less the Commission, the Premium, any expenses incurred to your account and any applicable VAT;

"Reserve" means the minimum price at which the Goods may be sold;

"Seller" means the owner of the Goods and any agent who consigns the Goods for sale on the owner's behalf (if applicable);

"Terms of Consignment for Online Auctions" means these terms of consignment for online auctions;

"Terms of Sale for Online Auctions" means the terms of sale for bidders or buyers at our online only auctions;

"Trader" means a Seller who is acting for purposes relating to that Seller's trade, business, craft or profession, whether acting personally or through another person acting in the trader's name or on the trader's behalf (such as an agent and/or the Auctioneer);

"VAT" means any value added tax or equivalent sales tax; and

"Website" means our website available at www.henry-aldridge.co.uk.

In these Terms of Consignment for Online Auctions the words "you", "yours", etc. refer to the Seller. The words "we", "us", etc. refer to the Auctioneer. If the consignment of Goods to us is made by an agent we assume that you (as owner of the Goods) have authorised the consignment and authorised the agent to contract on your behalf. All obligations that apply to the Seller under these Terms of Consignment for Online Auctions shall apply to the owner of the Goods and their agent, jointly and separately. Any reference to a 'Clause' is to a clause of these Terms of Consignment for Online Auctions unless stated otherwise.

Information that we are required to give to Consumers:

A description of the main characteristics of the auction-related services that we are providing to you as set out in these Terms of Consignment for Online Auctions or otherwise agreed with you in writing.

Our name, address and contact details as set out in these Terms of Consignment for Online Auctions and/or on our Website.

The rate at which we will charge you the Commission plus any applicable VAT on the sale of the Goods as set out in Clause 5.

The fee that we will charge you plus any applicable VAT as set out in Clause 17 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.

The arrangements for collection of any unsold Goods as set out in Clauses 17 and 18 and terms regarding payment of any Proceeds due to you set out in Clause 16.

If you have any complaints, please get in contact with us using the contact details set out on our Website.

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 11);

Your bank account details;

Your address and contact details;

VAT registration number (if applicable); and

Your confirmation of whether you are selling the Goods as a Trader or as a Consumer.

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 (the "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 the Terms 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 and/or the Bidder's breach of the Terms 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.

4 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.

Commission

We will charge you a commission plus VAT at the standard rate on the sale of the Goods calculated as a percentage of the Hammer Price at the following rates:

15% upto £5000

12.5% £5001 and over.

Loss and Damage to Goods

We are not authorised by the FCA to provide insurance to you. However, subject only to Clauses 6.4 and 6.5, we accept liability for Goods from the time we take possession of the Goods until [title passes to the Buyer/the Buyer makes a successful bid]

Our liability for Goods is limited to the lower pre-sale estimate before the sale, [or the Hammer Price if the lot has sold], or to the Reserve if the lot is unsold.

To justify accepting liability for Goods as set out above, we will charge you 1.5% of the Hammer Price plus VAT [subject to a minimum charge of £10 or, if unsold, 1.5% of our lower estimate for the lot.

The liability accepted by us in Clause 6.1 does not include any liability for loss or damage to the Goods that is caused by or results from: (i) any inherent vice or defect affecting the Goods; (ii) acts of God, flood, drought, earthquake or other natural disaster; (iii) acts of terrorism, civil commotion, riots or war; or (iv) nuclear, chemical or biological contamination.

If you (or your agent) instruct us in writing not to assume liability for Goods, the Goods remain entirely at your risk unless and until the Goods pass to the Buyer or are collected by you or on your behalf. In this case Clauses 6.1 - 6.4 will not apply.

Photographs

You will pay for the cost of any photographs of your Goods produced for the online auction catalogue. We reserve the right to photograph all Goods unless you specifically request us not to. The copyright in such photographs will be owned by us, along with the text of the online auction catalogue.

Reserves

Goods will normally be offered subject to a Reserve agreed between you and us before the online auction. Reserves must be reasonable and may not exceed our lower pre-sale estimate for that lot. We may decline to offer Goods which, in our opinion, would be subject to an unreasonably high reserve (in which case the Goods carry the storage and insurance charges set out in these Terms of Consignment for Online Auctions).

You may in no circumstances bid personally on the Goods or ask anyone else to bid on your behalf.

Electrical Items

You must test any electrical items that you wish to consign to us for sale using external contractors. We will not accept any Goods that are not certified as safe by an electrician (unless they are antiques).

If we notify you that we will not accept uncertified electrical Goods, you must remove such Goods promptly at your expense following such notification. If you do not collect the Goods within [seven] days of our written notice to do so, we may dispose of the Goods at your expense.

Unsafe Goods

If in our opinion any of your Goods, in particular those which are soft furnishings, infringe safety regulations, we will not offer these Goods for sale. You must remove such Goods at your expense. If you do not collect such Goods within seven days of our written notice to do so, we may dispose of the Goods at your expense.

Warranties and information about the Goods

You must provide us with all information that you have relating to the provenance, export/import history, condition, attribution and authenticity of the Goods (and any additional information that may be relevant).

In addition to any warranties implied by law, you warrant to us and the Buyer that:

any information that you provide in relation to the Goods is complete, correct and up-to-date;

the Goods will match any description of the Goods that you provide to us;

as far as you are aware, the main characteristics of the Goods set out in the Listing are correct;

to the best of your knowledge, the Goods have been lawfully imported and lawfully and permanently exported as required by the laws of any country in which the Goods were located; required declarations upon the export and import of the Goods have been properly made; and any duties and taxes on the export and import of the Goods have been paid; and

you will pay all taxes and duties potentially due on the sale of the Goods.

You must let us know promptly, and in any event before the online auction, if you find out that any of the information you have provided to us relating to the Goods is incorrect or incomplete and/or if the Goods do not match the description that you provided to us or the main characteristics of the Goods set out in the Listing.

Any information that you provide in relation to the Goods may form part of the contract between both of us and the Buyer and you acknowledge that the Buyer may have a statutory right to reject the Goods if the information provided is incorrect.

If we have to refund the price of any Goods to the Buyer due to the Goods being a Deliberate Forgery, you must promptly, and in any event within seven days, reimburse to us any Proceeds that we have transferred to you for those Goods following receipt of our written notice requesting you to do so.

Transfer of ownership of the Goods

You warrant and undertake to us and the Buyer that you are the true owner of the Goods (or are properly authorised by the true owner to sell the Goods on the owner's behalf) and you currently have and will have the right to sell the Goods to the Buyer with good and marketable title free of any third party rights or claims at the time when ownership of the Goods is to be transferred.

Indemnity

You will indemnify and keep us fully indemnified against any and all liability, loss, damage, costs (including reasonable legal fees and any VAT in relation to such fees) and expenses which we may incur or suffer as a result of any breach of Clauses 11 or 12 by you or anyone acting on your behalf, including without limitation, if we are required to refund the price of any Goods to the Buyer as a result of your breach of these clauses.

Terms of Sale for Online Auctions

You agree that the Goods will be sold to the Buyer in accordance with our Conditions of Business for Online Auctions, a copy of which is available on our Website.

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 from the Hammer Price, plus any applicable VAT. You consent to our right to charge the Buyer and retain beneficially the Premium plus any applicable VAT paid by the Buyer in accordance with our Terms of Sale for Online Auctions and any interest earned on the sale proceeds until the date of settlement.

Settlement

Subject to Clause 16.3 and provided that the Buyer has paid for the Goods, we will usually pay the net sum due to you within [thirty] days of the last day of the online auction [(by crossed cheque to the seller)].

If you are a Trader and the Buyer is a Consumer, the Buyer may have the right to cancel its purchase of the Goods from the date of the online auction until the date that is fourteen days after the day the Buyer (or its agent) took possession of the Goods (the "Cancellation Period") (e.g. if an auction took place on 1st January and the Goods were collected by the Buyer on 10th January, the Buyer may notify us that he wishes to cancel the purchase up to the end of 24th January. If the Buyer notifies us during the Cancellation Period that he wishes to cancel his purchase of the Goods, we will promptly notify you in writing (a "Cancellation Notice").

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) 21 working days after the last day of the online auction; and (b) the end of the Cancellation Period, in each case if no Cancellation Notice is received. If the Buyer is a Consumer, has paid for the Goods but has not collected them within [thirty] days of the last day of the online auction, we will pay the Proceeds to you as set out in Clause 16.1 and if we do receive a Cancellation Notice from the Buyer, you will promptly, and in any event within [seven] 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. Further information regarding a Consumer Buyer's right to cancel is set out in the Terms of Sale for Online Auctions.

If the Buyer has not paid for the Goods, we will not submit payment to you. In this case no settlement will be made. We will however discuss with you the rights that we may exercise under Clause 8 of our Terms of Sale for Online Auctions in relation to a Buyer's failure to pay. We will not release the Goods to the Buyer until we have received payment in full of the Price for the Goods.

You must notify us in writing if your bank account details change. We will not be responsible for any payments made to the incorrect bank account if this is because you have not provided us with the correct bank account details.

If we make payments to your bank account in error, we may request reimbursement by sending you an invoice.

We may deduct any sums that you owe to us from the Proceeds.

Unsold and withdrawn items

If the Goods are unsold at the online auction, we may, with your consent, re-offer unsold Goods at a future online auction but we may recommend a variation in estimates or Reserve. Where, in our opinion, Goods are unsaleable, we will notify you and you must collect such Goods from the address that we notify to you within seven days of the date of our notice to do so. If you fail to collect such Goods promptly, we may charge you reasonable storage charges at a daily rate.

You will pay us a charge of 20 % of the Reserve/ lower estimate for the lot] plus VAT on items that are withdrawn from the auction after being catalogued and/or marketed by us prior to the auction in any way.

Withdrawal of Goods by us We may (acting reasonably) at our discretion at any time withdraw your Goods from our online auction:

for technical, legal, reputational or operational reasons (including if you fail to provide evidence to verify your identity or your title to the Goods to our satisfaction);

if we reasonably believe that it is in the best interests of other users of our Website or Bidding Platform to do so (e.g. you have been subject to phishing or hacking);

if we reasonably believe that you may be, or are about to be, in breach of these Terms of Consignment for Online Auctions; or

if we reasonably believe the Goods to be a Deliberate Forgery.

Warehousing

We have no liability for Goods that you deliver to our premises without sufficient sale instructions. We reserve the right to charge you a minimum warehousing charge of £5 per lot per day plus any applicable VAT.

We will notify you to ask you to remove any of your unsold or withdrawn Goods. Unsold or withdrawn Goods will be subject to the charges set out in Clause 19.1 above if you do not remove them within seven days of the date of our notification requesting you to do so.

If you do not remove your unsold or withdrawn Goods within 14 days of the date of our notification we may either: (a) sell such Goods and set off charges from any net proceeds of sale; or (b) at your expense dispose of such Goods.

Our disclaimers and liability to you

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

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

You acknowledge that the Website and the Bidding Platform are provided as is for public use, subject to registration. Registration is free of charge and as such we have no responsibility to users of our Website and/or the Bidding Platform for any downtime or errors on our Website or the Bidding Platform. If, because of errors on our Website or the Bidding Platform an auction cannot be completed, our only responsibility to you is to enable you to re-list the Goods once our Website or the Bidding Platform 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.

In addition, neither we nor the Buyer shall be responsible to you and you shall not be responsible to the Buyer or us for any other loss or damage that any of us suffer that is not a foreseeable result of any of us not complying with the Conditions of Business for Online Auctions. Loss or damage is foreseeable if it is obvious that it will happen or if at the time of the sale of the Lot, we, you and the Seller knew it might happen.

Subject to Clause 20.6, if we are found to be liable to you for any reason (including, amongst others, if we are found to be negligent, in breach of contract or to have made a misrepresentation), our liability will be limited to the Proceeds due for the Goods if sold or the Reserve if unsold.

Notwithstanding the above, nothing in these Terms of Consignment for Online Auctions limits the liability of us or our employees or agents for:

death or personal injury resulting from negligence (as defined in the Unfair Contract Terms Act 1977);

fraudulent misrepresentation; or

any liability which cannot be excluded by law.

Notices

All notices between you and us regarding these Terms of Consignment for Online Auctions must be in writing and signed by or on behalf of the party giving it. A notice given by email will be deemed to be signed for the purposes of this Clause if the name of the sender appears in a signature position after the body of the email and has not been added automatically by the sender's email server.

Any notice referred in Clause 21.1 may be given:

by delivering it by hand; or

by first class pre-paid post or Recorded Delivery; or

by email, provided that a copy is also sent by pre-paid post or Recorded Delivery.

Notices must be sent:

by hand or registered post:

to us, at our address set out in these Terms of Consignment for Online Auctions or at our registered office address appearing on our Website

to you, at the last postal address that you have given to us as your contact address in writing.

by email:

to us, by sending the notice to both the following email addresses: alan@henryaldridge.com

to you, by sending the notice to any email address that you have given to us as your contact email address in writing.

Notices will be deemed to have been received:

if delivered by hand, on the day of delivery;

if sent by first class pre-paid post or Recorded Delivery, two business days after posting, exclusive of the day of posting; and

if sent by email, at the time of transmission unless sent after 17.00 in the place of receipt in which case they will be deemed to have been received on the next business day in the place of receipt (provided that a copy has also been sent by pre-paid post or Recorded Delivery as set out in Clause 21.2.3).

Any notice or communication given under these Terms of Consignment for Online Auctions will not be validly given if sent by fax, any form of messaging via social media or text message.

Data Protection

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

General

Each of the clauses of these Terms of Consignment for Online Auctions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.

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

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

These Terms of Consignment for Online Auctions are between you and us. No person other than you, the Buyer or us will have any rights to enforce any of these Terms of Consignment for Online Auctions.

These Terms of Consignment for Online Auctions and any dispute or claim arising out of or in connection with them (including any non-contractual claims or disputes) shall be governed by and construed in accordance with the laws of England and the parties irrevocably submit to the exclusive jurisdiction of the English courts.

Both the sale of goods at our auctions and your relationship with us are governed by the Terms of Consignment for Online Auctions (primarily applicable to sellers), the Terms of Sale for Online Auctions (primarily applicable to bidders and buyers) and, in relation to specific lots, any notices that are displayed on the listing for that lot at the time of the auction (collectively, the "Conditions of Business for Online Auctions"). The Terms of Consignment for Online Auctions and Terms of Sale for Online Auctions are available on our Website.

Please read these Terms of Sale for Online Auctions carefully. Please note that if you register to bid and/or bid at auction this signifies that you agree to and will comply with these Terms of Sale for Online Auctions.

Please note that these Terms of Sale for Online Auctions relate to auctions held online only. We have separate terms for auctions held at our premises.

Definitions and interpretation:

To make these Terms of Sale for Online Auctions easier to read, we have given the following words a specific meaning:

"Auctioneer" means Henry Aldridge and Son Ltd

"Bidder" means a person participating in bidding at the online auction;

"Bidding Platform" means the bidding platform on which the online auction is held operated by the Auctioneer, or by a third party service provider on the Auctioneer's behalf;

["Bidding Platform Fee" means a fee equal to [5%] of the Hammer Price charged on the sale of a Lot by the third party provider of the Bidding Platform on which the online auction is held;]

"Buyer" means the person who makes the highest bid for a Lot accepted by the Auctioneer;

"Deliberate Forgery" means: (a) an imitation made with the intention of deceiving as to authorship, origin, date, age, period, culture or source; (b) which is described in the catalogue as being the work of a particular creator without qualification; and (c) which at the date of the auction had a value materially less than it would have had if it had been as described; "Hammer Price" means the level of the highest bid for a Lot (at or above any Reserve) [when the Listing Period for the Lot ends] [when the Auctioneer brings down the hammer]; "Listing" means a listing of a Lot for sale on the Website;

"Listing Period" means the period during which Bidders may place bids to purchase a Lot;

"Lot(s)" means the goods that we offer for sale at our online auctions;

"Order Confirmation" means the email confirmation that we send to you to confirm that we have accepted your bid to purchase a Lot; "Premium" means the premium that we will charge you on your purchase of a Lot to be calculated as set out in Clause 4; "Reserve" means the minimum hammer price at which a Lot may be sold;

"Sale Proceeds" means the net amount due to the Seller; "Seller" means the persons who consign Lots for sale at our online auctions;

"Terms of Consignment for Online Auctions" means the terms on which we agree to offer Lots for sale in our online auctions as agent on behalf of Sellers;

"Terms of Sale for Online Auctions" means these terms of sale for online only auctions, as amended or updated from time to time; "Total Amount Due" means the Hammer Price for a Lot, the Premium,[ the Bidding Platform Fee (if any),] any applicable artist's resale right royalty, any VAT due and any additional charges payable by a defaulting buyer under these Terms of Sale for Online Auctions;

"Trader" means a Seller who is acting for purposes relating to that Seller's trade, business, craft or profession, whether acting personally or through another person acting in the trader's name or on the trader's behalf; "VAT" means Value Added Tax or any equivalent sales tax; and "Website" means our website available at: www.henry-aldridge.co.uk

In these Terms of Sale for Online Auctions the words 'you', 'yours', etc. refer to you as the Buyer. The words "we", "us", etc. refer to the Auctioneer. Any reference to a 'Clause' is to a clause of these Terms of Sale for Online Auctions unless stated otherwise.

Information that we are required to give to Consumers

A description of the main characteristics of a Lot is contained in the Listing for that Lot. This description will also be contained in the Order Confirmation referred to in Clause 6.

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 as set out in the Listing for the Lot.

The technical means for concluding the contract to buy Lots are set out in Clause 3. If you have made a mistake in inputting information, please click on the back arrow and you will be able to change it.

The price of the Goods and arrangements for payment as described in Clauses 4, 5, 6 and 9.

The arrangements for collection of the Goods as set out in the Order Confirmation and in Clauses 10 and 13.

Your right to cancel your purchase of a Lot and to receive a refund as set out in Clause 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 Clause 16.

We and Trader Sellers have a legal duty to supply Lots to you in accordance with these Terms 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

You must register your details with us and login to our Website/ the Bidding Platform before bidding and provide us with any requested proof of identity and billing information, in a form acceptable to us. You must also satisfy any security arrangements we have in place before using our online auction room to bid on any Lot.

The Bidder placing the highest bid for a Lot accepted by the Auctioneer will be the Buyer at the Hammer Price. Any dispute about a bid will be settled at our discretion. We will act reasonably when deciding how to settle the dispute.

Bidders will be deemed to act as principals, even if the Bidder is acting as an agent for a third party.

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

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

The Purchase Price As Buyer, you will pay:

the Hammer Price;

a premium of 20% of the Hammer Price;

any artist's resale right royalty [and/or Bidding Platform Fee] payable on the sale of the Lot; and

any VAT due.

You shall be liable for the payment of any VAT applicable on the Hammer Price and premium due for the Lot. Please see the Listing for the Lot and the VAT guidelines provided on our Website and/or the Bidding Platform for further information.

We will charge VAT at the current rate at the date of the online auction.

The contract between you and the Seller

As set out at Clause 6 above, 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.

You may directly enforce any terms in the Terms of Consignment for Online Auctions against a Seller to the extent that you suffer damages and/or loss as a result of the Seller's breach of the Terms of Consignment for Online Auctions.

If you breach these Terms 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.

We normally act as an agent only and will not have any responsibility for default by you or the Seller (unless we are the Seller of the Lot).

Data Check

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

Payment

Immediately following your successful bid on a Lot you will:

give to us, if not already provided to our satisfaction, proof of identity in a form acceptable to us (and any other information that we require in order to comply with our anti-money laundering obligations); and

pay to us the Total Amount Due in cash (for which there is an upper limit £10000 or equivalent) or in any other way that we agree to accept payment on our Website or the Bidding Platform.

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

Title and collection of purchases

Once you have paid us in full the Total Amount Due for any Lot, ownership of that Lot will transfer to you. You may not claim or collect a Lot until you have paid for it.

You will (at your own expense) collect any Lots that you have purchased and paid for at the location notified in the Order Confirmation either:

not later than [seven business days] following the day of the auction; or

not later than [seven business days] following the date that we have received payment of the Total Amount Due in cleared funds, if later.

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

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

If you do not collect the Lot that you have paid for within 90 days after the auction, we may sell the Lot. We will pay the proceeds of any such sale to you, but will deduct any storage charges or other sums that we have incurred in the storage and sale of the Lot. We reserve the right to charge you a selling commission at our standard rates on any such resale of the Lot.

Right to cancel

If 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. Further advice about your legal right to cancel your purchase is available from your local Citizens Advice Bureau or Trading Standards office.

You may cancel your purchase at any time from the date of the 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 (e.g. if you receive an Order Confirmation on 1 January and you collect a Lot on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January).

To cancel your purchase, you must inform us of your intention to cancel it. The easiest way to do so is to complete the model cancellation form attached to these Terms of Sale for Online Auctions and to your Order Confirmation. If you use this method we will email you to confirm that we have received your cancellation.

Alternatively, you can email us at office@henryaldridge.com If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you send us the email or post the letter to us.

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 Clause 12. When exercising the cancellation right, you must return the Lots to us immediately at your own cost (as set out below).

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 Clause 11.5, we will have a claim against you and may deduct from the refund costs incurred by us as a result of the breach.

Details of this statutory right, and an explanation of how to exercise it, are also provided in the Order Confirmation. This provision does not affect your statutory rights.

The cancellation right described in this Clause 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 Clause15.1 below.

Exercising the right to cancel

Where you have validly returned a Lot to us under your right of cancellation described in Clause 14, we will refund the full amount paid by you for the Lot.

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.

You will be responsible for returning the Lot to us at your own cost.

We will process any refund due to you within the deadlines below:

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

if you have not collected the Lot or you have already returned the Lot to us: fourteen days after you inform us of your decision to cancel the Contract.

We will refund you using the same means of payment that you used for the transaction.

Legal ownership of a Lot will immediately revert to the Seller if we refund any such payment to you.

For further information on how to return Lots to us, please get in touch with us using the contact details provided on our Website.

Remedies for non-payment or failure to collect purchases

Please do not bid on a Lot if you do not intend to buy it. If your bid is successful, these Terms of Sale for Online Auctions will apply to you. This means that you will have to carry out your obligations set out in these Terms of Sale for Online Auctions.

Subject to any cancellation of a purchase under Clauses 11 and 12, if you do not comply with these Terms of Sale for Online Auction we may (acting on behalf of the Seller and ourselves) pursue one or more of the following measures:

take action against you for damages for breach of contract;

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

resell the Lot by auction or private treaty (in which case you will have to pay any difference between the price you should have paid for the Lot and the price we sell it for as well as the charges outlined in Clause 10.5). Please note that if we sell the Lot for a higher amount than your winning bid, the extra money will belong to the Seller;

remove, store and insure the Lot at your expense;

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

keep that Lot or any other Lot sold to you until you pay the Total Amount Due;

reject or ignore bids from you or your agent at future auctions, suspend your ability to place bids on the Bidding Platform and/or impose conditions before we accept bids from you; and/or

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

We will act reasonably when exercising our rights under Clause 13.1. We will contact you before exercising these rights and try to work with you to correct any non compliance by you with these Terms of Sale for Online Auctions.

Warranties

The Seller warrants to us and to you that:

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

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

as far as the Seller is aware, the main characteristics of the Lot set out in the Listing for the Lot are correct.

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

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 at Clause 14.1 (in particular under the Consumer Rights Act 2015). These Terms of Sale for Online Auctions do not seek to exclude your rights under law as they relate to the sale of these Lots.

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.

Descriptions and condition

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

Representations or statements by us as to authorship, genuineness, origin, date, age, provenance, condition or estimated selling price involve matters of opinion. We undertake that any such opinion will be honestly and reasonably held and accept liability for opinions given negligently or fraudulently.

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

Deliberate Forgeries

You may return any Lot which is found to be a Deliberate Forgery to us within 21 days of the auction provided that you return the Lot to us in the same condition as when it was released to you, accompanied by a written statement identifying the Lot from the relevant catalogue description and a written statement of defects.

If we are reasonably satisfied that the Lot is a Deliberate Forgery we will refund the money paid by you for the Lot (including any Premium and applicable VAT) provided that if:

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

you personally are not able to transfer good and marketable title in the Lot to us, you will have no right to a refund under this Clause 16.2.

If you have sold the Lot to another person, we will only be liable to refund the price that you paid for the Lot. We will not be responsible for repaying any additional money you may have made from selling the Lot.

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

Our disclaimers and our liability to you

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

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

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

In addition, neither we nor the Seller shall be responsible to you and you shall not be responsible to the Seller or us for any loss or damage any of us suffer that is not a foreseeable result of any of us not complying with the Conditions of Business for Online Auctions. Loss or damage is foreseeable if it is obvious that it will happen or if at the time of the sale of the Lot, we, you and the Seller knew it might happen.

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

Notwithstanding the above, nothing in these Terms of Sale for Online Auctions limits the liability of us or our employees or agents for:

death or personal injury resulting from negligence (as defined in the Unfair Contract Terms Act 1977);

fraudulent misrepresentation; or

and liability which cannot be excluded by law.

Notices

All notices between you and us regarding these Terms of Sale for Online Auctions must be in writing and signed by or on behalf of the party giving it. A notice given by email will be deemed to be signed for the purposes of this Clause if the name of the sender appears in a signature position after the body of the email and has not been added automatically by the sender's email server.

Any notice referred in Clause 18.1 may be given:

by delivering it by hand; or

by first class pre-paid post or Recorded Delivery; or

by email, provided that a copy is also sent by pre-paid post or Recorded Delivery.

Notices must be sent:

by hand or registered post:

to us, at our address set out in these Terms of Sale for Online Auctions or at our registered office address appearing on our Website;

to you, at the last postal address that you have given to us as your contact address in writing.

by email:

to us, by sending the notice to both the following email addresses: alan@henryaldridge.com or office@henryaldridge.com

to you, by sending the notice to any email address that you have given to us as your contact email address in writing.

Notices will be deemed to have been received:

if delivered by hand, on the day of delivery;

if sent by first class pre-paid post or Recorded Delivery, two business days after posting, exclusive of the day of posting; or

if sent by email, at the time of transmission unless sent after 17.00 in the place of receipt in which case they will be deemed to have been received on the next business day in the place of receipt (provided that a copy has also been sent by pre-paid post or Recorded Delivery as set out in Clause 18.2.3).

Any notice or communication given under these Terms of Sale for Online Auctions will not be validly given if sent by fax, any form of messaging via social media or text message.

Data Protection

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

General

We may, acting reasonably refuse to allow you to bid at our online auctions.

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

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

Each of the clauses of these Terms of Sale for Online Auctions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.

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

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

These Terms of Sale for Online Auctions and any dispute or claim arising out of or in connection with them (including any non-contractual claims or disputes) shall be governed by and construed in accordance with the laws of England and the parties irrevocably submit to the exclusive jurisdiction of the English courts.

(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]

 

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]:

 

Auction Title:

 

Auction Date:

 

Lot No:

 

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):

 

Date:

 

[*] Delete as appropriate