Terms & COnditions

GENERAL CONDITIONS OF SALE

 

  1. Brown & Turner act as agents only and disclaim any responsibility for default by sellers or buyers.

 

  1. Whilst every effort has been made to ensure the accuracy of this catalogue and the description of any lot:

 

(a) Each lot is sold with all faults, imperfections and errors of description.

(b) The Auctioneers do not accept responsibility for the authenticity, attribution, genuineness, origin, date, period, condition or quality of any lot.

(c) All statements whether printed in the catalogue or made orally as to any of the matters set out in (b) above are statements of opinion only and are not to be taken as being or implying any warranties or representations of fact by the Auctioneers, unless they have been instructed by the vendor so to certify, and in such case the Auctioneers do so as agents of the vendor and are not themselves responsible for such claims.

(d) Any claim under any Statute must be received in writing by the Auctioneers within seven days of the Sale.

 

3.(a) The auctioneer has absolute discretion to divide any lot, to combine any two or more lots or to withdraw any lots or lots from the sale, to refuse bids, regulate bidding or cancel the sale without any case giving any reason or without previous notice. He may bid on behalf of the vendor for all goods which are being offered subject to a reserve or at the auctioneer’s discretion.

(b) The highest bidder shall be the buyer. The auctioneer may at his sole discretion determine the advance of bidding or refuse a bid. If during the auction the auctioneer considers that a dispute has arisen, he has absolute discretion to settle it or to re-offer the lot.

(c) Each lot is put up for sale subject to any reserve price placed by the vendor.

(d) All conditions, notices, descriptions, statements and other matters in the catalogue and elsewhere concerning any lot are subject to any statements modifying or affecting the same made by the auctioneer from the rostrum prior to any bid being accepted for the lot.

  1. The seller acknowledges that all lots are sold subject to the stipulations of the General Conditions of Sale in their entirety and in the Terms of Consignment as notified to the consignor at time of entry.

 

  1. The buyer shall pay the hammer price together with a premium of 17.5% of the hammer + VAT for General Household Sales and is payable by all purchasers. The vendor authorises the Auctioneers to deduct commission and expenses at the stated rates from the hammer price and acknowledge the Auctioneers’ right to retain the premium payable by the purchasers.

 

  1. Notwithstanding any other terms of these conditions, if within seven days after the sale the Auctioneers have received from the buyer of any lot, notice in writing that in his view the lot is a deliberate forgery and within fourteen days after such notification the buyer returns the same to the Auctioneers in the same condition as at the time of sale by producing evidence, the burden of proof to be upon the buyer, satisfies the Auctioneers that considered in the light of the entry in the catalogue the lot is a deliberate forgery then the sale of the lot will be rescinded and the purchase price of the same refunded. In the event of a dispute then the matter shall be settled by arbitration. Both the buyer and the vendor agree to be bound by the decision.

 

  1. Brown & Turner disclaim responsibility for default by either the buyer or the vendor because they act as auctioneers and reserve the right to withhold payment to the vendor until payment is received from the buyer. Instructions given by telephone are accepted at the sender’s risk and must be confirmed in writing forthwith and at least one hour before the sale commences. It is the responsibility of all persons leaving such bids to ascertain immediately after the conclusion of the sale, whether they have been successful.

 

  1. Every person on the Sale Premises at any time shall be deemed to be there at their own risk. They shall have no claim against Brown & Turner in respect of any accident which may occur or injury, damage or loss howsoever caused, save in so far as the injury, damage or loss shall be caused by the negligence of Brown & Turner employees.

 

  1. Ample opportunity is given for inspection and each purchaser by making a bid for a lot acknowledges that he has satisfied himself fully before bidding by inspection or otherwise as to all the Sale Conditions, the physical condition of the lot including but not restricted to whether the lot is damaged or has been repaired.

 

  1. Brown & Turner have the right to refuse admission to their premises or attendance at the auctions by any person.

 

  1. Vendors and buyers give Brown & Turner the right to photograph and illustrate any lot placed with them for sale and to use such photographs and illustrations at any time whether or not in connection with the auction.

 

  1. Scottish Law applies to the interpretation of all these Conditions of Sale.

 

PURCHASER TERMS OF SALE

 

  1. (a) Each bidder must complete and sign a registration form prior to bidding at the auction and receive a bid number card (paddle).

(b) The maker of the highest bid accepted by the auctioneer at 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.

(c) Bidders shall be deemed to act as principals and once made, no bid may be withdrawn.

(d) The auctioneer’s 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.

 

  1. The buyer shall pay the hammer price together with a premium of 17.5% + VAT for General Household Sales. A 3% + VAT surcharge is levied on all internet purchases.

 

  1. Value Added Tax (VAT) on the hammer price is imposed by law on all items identified by an asterisk. VAT is charged at the prevailing rate at the date of sale and is payable by all purchasers of relevant Lots.

 

  1. Bidding increments shall be at the auctioneer’s sole discretion.

 

  1. Payment of purchased Lots must be made during, or immediately following the sale. Buyers unknown to Brown & Turner must make arrangements before the sale for payment and/or references to be supplied. If requested, proof of identity must also be given. If such arrangements are not made, cheques will be cleared before purchases can be uplifted. Payment can also be made IN PERSON by Credit or Debit Cards (Credit Cards carry a surcharge of 2.75%) or in cash to a limit of £9,000 in accordance with money laundering regulations. We regret we cannot accept payment over the telephone by Credit Cards. Debit Card payments are acceptable by telephone if the total transaction is less than £300. Payment may also be made by Direct Bank Transfer (details on website or on request). All Bank Transfers must state Purchaser’s name as reference. If transferring from a foreign currency the total we must receive must be in pounds sterling after a currency conversion and deduction of any bank charges. Cheques drawn by third parties, whether in the auctioneer’s favour or requiring endorsement, cannot be accepted.

 

  1. The ownership of any Lots purchased shall not pass to the Purchaser until full payment is received. The Purchaser shall, at their own risk and expense take away any Lots they have purchased and paid for not later than 3 working days following the sale or upon clearance of any cheque used for payment after which they shall be responsible for any removal, storage and insurance charges. No purchase can be claimed or removed until it has been paid for.

 

  1. If the Purchaser has not paid for any Lots purchased within 24 hours of the sale thereof he/she shall be deemed to have received notice of Brown & Turner’s intention to re-sell the Lot/s in terms of Section 48 (3) of the Sale of Goods Act 1979. If, at the expiry of a further 48 hour period Brown & Turner have not received settlement they may re-offer the Lot/s for auction. If, upon such a re-sale a lower price is obtained for any Lot than was obtained on the first sale, the difference in price shall be a debt due from the original Purchaser. Interest shall be charged at 5% above Royal Bank of Scotland Base Lending Rate on any purchase monies outstanding after such 72 hour period until the goods are re-sold. The Auctioneers reserve the right to charge fees for all and any administrative and legal costs in respect of any unpaid accounts, these will be added to the original unpaid account and shall accrue interest at the same rate.

 

  1. Brown & Turner will be pleased to execute bids on behalf of intending purchasers and no charge is made for the service. Lots will be purchased as cheaply as permitted by other bids and reserves. Bids in writing must be submitted to our office at least one hour before the Sale commences (forms available from auctioneers). In the event of receiving two identical bids the first one received will take precedence. Brown & Turner will do their utmost to execute these bids but offer this service entirely at the bidder’s risk.

 

  1. Bids by telephone – Should you wish to bid at the sale, live by telephone, details including references, payment methods etc, must be supplied in writing to our offices at least 24 hours before the sale. The telephone bidding facility is a discretionary service and may not be available in relation to all Lots as telephone lines are limited. All calls are strictly at the intending purchaser’s risk and may be recorded.

 

  1. Prospective purchasers are also advised to acquaint themselves with the General Conditions of Sale as above or in the Sale Catalogue.

 

  1. If prospective purchasers are unable to inspect lots in person the auctioneers will be able to give a verbal condition report on a particular item without charge or obligation, as a matter of courtesy. Obligation over the printed or oral descriptions applied to sale items are limited and prospective purchasers are reminded that such descriptions are for guidance only and all lots are sold ‘as found’ (see General Conditions of Sale).

 

  1. Lots that were once operated by mains electricity are bought entirely at the buyer’s risk. They are offered for sale for display or historical purposes only and may not comply with current regulations.

 

  1. Occasionally when a lot has suffered extensive damage and/or restoration it may be indicated in the catalogue. This is mentioned entirely at our discretion for the benefit of buyers. Where there is no mention of damage and/or restoration this should not be taken to mean that there is none. It is the buyer’s responsibility to ensure that the condition of lots is to their satisfaction (see our General Conditions of Sale).

 

ARTIST RESALE RIGHTS

The double asterisk symbol (**) indicates paintings which are subject to Artist Resale Rights (Droit de Suite) which took effect in the UK in 2006. We are required to collect a royalty payment for all qualifying works of art and following new legislation which came into effect on 1st January 2012 this applies to living artists AND artists who have died in the last 70 years. This royalty will be charged to the buyer on the hammer price and in addition to the buyer’s premium but will not apply to works realizing under 1000 Euros. The charge for works sold between 1000 Euros and 50,000 Euros is 4%, thereafter on a reduced sliding scale. All charges are paid to DACS (Design and Artists Copyright Society) and no part is retained by The Auctioneers. The charge is not subject to VAT.

 

CONDITION REPORTS

Whilst every care is taken in the accuracy of condition reports, Brown & Turner provide no guarantee to the buyer other than in relation to forgeries. Many items are of an age or nature which precludes their being in perfect condition and some descriptions in the catalogue or given by way of condition report make reference to damage and/or restoration. We provide this information for guidance only and will not be held responsible for oversights concerning restoration, nor does a reference to a particular defect imply the absence of any others. Prospective purchasers must accept these reports as genuine efforts by Brown & Turner and or must take other steps to verify condition of lots.

PACKING & SHIPPING

We are neither professional packers or shippers – however we may pack and post small items following payment and at the purchaser(s) expense and risk. Whilst we will make every effort to pack suitably we do not take responsibility for the safe arrival of goods and accept no liability for damage in transit. Details of local couriers can be supplied on request.

 

TERMS OF CONSIGNMENT

 

  1. As Brown & Turner are auctioneers, they act at all time in the sale of goods as agents of the Seller of the Lots entered for auction only, and are not responsible for any default by either the Buyer or Seller. As Brown & Turner act as agents only, title to the goods at no time passes to them and accordingly they are not liable for any fault in connection with the goods. The Seller shall indemnify Brown & Turner against any claims in connection with any goods sold by Brown & Turner on their behalf.

 

  1. By delivering or entering goods to Brown & Turner for inclusion in their auction sales the Seller agrees to abide by these Terms of Consignment and the General Conditions of Sale.

 

  1. All goods delivered to Brown & Turner’s premises are left at the Seller’s own risk. Brown & Turner disclaim all responsibility for loss or damage to goods or for unauthorised removal of goods unless caused by negligence of their employees.

 

  1. (a) All goods are put for sale WITHOUT RESERVE unless written instructions as to reserves are received by Brown & Turner prior to commencement of sale. Reserves given by telephone are accepted at sender’s risk and must be confirmed in writing forthwith.

(b)        In the event of any reserve price not being reached at auction, Brown & Turner are empowered to sell after auction, by private treaty, at not less than the reserve price, as long as the goods remain on the Sale Premises. In the event of such a sale by private treaty the Conditions of Sale applicable to the Auction Sale will apply.

(c)        The Auctioneers may sell lots below the reserve provided they account to you for the same proceeds as you would have received had the reserve been the hammer price. However, if you specifically give the Auctioneers a ‘discretion’ they may accept a bid of up to 10% below the formal reserve.

 

  1. Sellers who consign for sale by auction, any chattel(s) which is an asset of their business must disclose to the Auctioneers whether or not they are registered for VAT purposes and, if so, their registered number and whether or not they intend to operate the special scheme covering works of art etc. This information must be supplied to the Auctioneers on or prior to delivery of the goods.

 

  1. A commission rate of 15%* of realization value of any lots will be charged to the Seller subject to a minimum applicable of £4.50 per lot. The fee for withdrawing a lot prior to the sale is 15%* of the reserve (or Brown & Turner’s estimated value if no reserve has been arranged). No commission will be charged on unsold lots where a reserve price has been accepted by the Auctioneers as being realistic.

* This rate is applicable to Antique, Fine Art and Collectables Sales. ‘General Household Sales’, when held, will be subject to a 20% Sellers Commission with a minimum applicable of £2.50 per lot.

 

  1. All Sellers agree to assist the Auctioneers with accurate information as to provenance etc of goods where relevant. Under modern consumer legislation there is strict liability for the accuracy of descriptions and in some circumstances responsibility lies with Sellers if inaccuracies occur. The Auctioneers will assume that you have approved the catalogue description of your lots unless informed to the contrary. The Seller warrants to Brown & Turner and to the Buyer that he/she is the true owner of the property or is properly authorised to sell the property by the true owner and is able to transfer good and marketable title to the property free from any third party claims.

 

  1. If an item is unsold it may, with the Seller’s consent be re-offered at a future sale. If, in the Auctioneers opinion an item is unsaleable the Seller must collect such items from the saleroom immediately on being informed otherwise storage charges may be incurred.

 

  1. Items for sale must be consigned to the saleroom by any stated deadline and entirely at the Seller’s expense. The Auctioneers may be able to assist with this process but any liability incurred to a carrier for haulage charges is solely the responsibility of the Seller.

 

  1. Following the sale, payment of the net sum due to the Seller will be made within 28 days of the sale. The Seller also authorises any sums owed by them to Brown & Turner for any other transactions to be deducted from the sale proceeds.

 

  1. Insurance of Goods

(a)        All goods on our premises or under our control are insured against all risks while so placed and Sellers are charged at the rate of 1.5% of the hammer price plus VAT (subject to a minimum charge of £1.50) or, if unsold, our lower estimate of the hammer price.

(b)        If the owner of the goods consigned instructs us in writing not to insure them, they then remain at owner’s risk unless and until the property in them passes to the Buyer or they are collected back by or on behalf of the owner, and clause 11(a) is inapplicable.

 

  1. All Lots in Sales with internet advertising will incur a charge of £1.50 per lot plus VAT.

 

PRIVACY POLICY

 

This Privacy Policy governs the manner in which Brown & Turner collects, uses, maintains and discloses information collected from users (each, a “User”) of the www.brownandturner.co.uk website (“Site”). This privacy policy applies to the Site and all products and services offered by Brown & Turner.

 

PERSONAL IDENTIFICATION INFORMATION

We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, subscribe to the newsletter, respond to a survey, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.

 

NON-PERSONAL IDENTIFICATION INFORMATION

We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.

 

WEB BROWSER COOKIES

Our Site may use “cookies” to enhance User experience. User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

 

HOW WE USE COLLECTED INFORMATION

Brown & Turner may collect and use Users personal information for the following purposes:

– To improve customer service

Information you provide helps us respond to your customer service requests and support needs more efficiently.

– To personalize user experience

We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.

– To improve our Site

We may use feedback you provide to improve our products and services.

– To process payments

We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.

– To run a promotion, contest, survey or other Site feature

To send Users information they agreed to receive about topics we think will be of interest to them.

– To send periodic emails

We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.

 

HOW WE PROTECT YOUR INFORMATION

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.

SHARING YOUR PERSONAL INFORMATION

We do not sell, trade, or rent Users’ personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.

 

THIRD PARTY WEBSITES

Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies.

ADVERTISING

Ads appearing on our site may be delivered to Users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile non personal identification information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This privacy policy does not cover the use of cookies by any advertisers.

GOOGLE ADSENSE

Some of the ads may be served by Google. Google’s use of the DART cookie enables it to serve ads to Users based on their visit to our Site and other sites on the Internet. DART uses “non personally identifiable information” and does NOT track personal information about you, such as your name, email address, physical address, etc. You may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy at http://www.google.com/privacy_ads.html

CHANGES TO THIS PRIVACY POLICY

Brown & Turner has the discretion to update this privacy policy at any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

 

YOUR ACCEPTANCE OF THESE TERMS

By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

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