PFW TERMS AND CONDITIONS
CONTENTS
General ………………………………………………………………..……………… Page 1
Definitions …………………………………………………………………..………. Page 2
Part 1 - Sale by Auction and Timed Auction: Buyers …….………. Page 5
Part 2 - Sale by Auction and Timed Auction: Sellers .…….………. Page 8
Part 3 - Timed Auctions and Easy Live ………………….…….………... Page 12
Part 4- Auction Attendance …………………………………………………. Page 4
Part 5 - Standard of Goods/Lots ……………………………….…………. Page 15
Part 6 - Website and the Online Shop ……………….…..……………. Page 19
Part 7 – Postage and Packaging ……………………………………………. Page 22
Schedule 1 – Fees Schedule …………………………………………………. Page 23
Privacy Policy …………………………………….………………. Loads a different webpage
GENERAL
1. The following PFW Terms and Conditions have been separated into Parts so that you can easily navigate to the Parts that are relevant to you. Please use our glossary and section links above to navigate easily to each Part.
2. These PFW Terms and Conditions relate separately, in each Part, to each aspect of the day to day business of P.F. Windibank Auctioneers and Valuers, including, but not limited to, buying and selling at Auctions and Timed Auctions, buying and selling through our Online Shop, and (where appropriate) attending an Auction.
3. This General section and the Definitions below apply to each Part. Each Part should be read carefully as it may be updated from time to time.
4. If you are buying Lots, entering a Lot(s) to be sold at Auction, or in some occasions, attending an Auction, you will be legally bound by the relevant Part, or Parts, of the following PFW Terms and Conditions.
5. S.J. Windibank is the sole proprietor and trades as P.F. Windibank Auctioneers and Valuers.
6. PFW acts as agent for the Seller of any Lot(s) both at Auction, at Timed Auctions, and through the Online Shop.
7. PFW reserves the right to deny the listing of any Lot(s) for any reason at its sole discretion.
8. Under a European directive there is a resale royalty payable to some artists on works of art sold for 1,000 Euros or more. This will be charged to the Buyer regardless of how the Lot has been purchased and the amount will be based on the purchase price and exchange rate. This payment is passed on to the relevant Collecting Society without fee or VAT. The royalty charge is added to invoices and must be paid before purchases are removed. Buyers must satisfy themselves prior to bidding whether or not any Lot(s) will attract payment under the Artist’s Resale Right. Further details can be found on the Intellectual Property Office website at www.ipo.gov.uk/businessguidance.pdf
9. Our fees and charges are set out in each relevant Part of these PFW Terms and Conditions, however so that our fees are clear, we have included a Fee Schedule at the end of these PFW Terms and Conditions which lists all of our fees and charges and may be updated from time to time.
10. We will use and manage your personal information in accordance with the UK General Data Protection Regulations and the Data Protection Act 2018. For more information and detail as to what this means and how your personal information is used, please see our privacy policy here: https://www.windibank.co.uk/privacy-policy/.
11. All parties, including; PFW, Auction attendees, Bidders, Buyers and Sellers irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the PFW Terms and Conditions or its subject matter or formation.
12. These PFW Terms and Conditions, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales.
DEFINITIONS
The following definitions should be read as incorporated into each Part of the Terms and Conditions set out below (Part 1 – Part 7) and any further Terms as listed on the P.F. Windibank Website:
“A/F” means, where stated in the description of a Lot(s), the designation of a Lot(s) as faulty, defective or in some way damaged.
“Attendance Conditions” means the Terms and Conditions of Auction Attendance as set out in Part 4 below.
The “Auction” means the auction held by the Auctioneer, on the day and at such time as listed in the Website calendar, streamed online via the Website (or as applicable via the Easy Live Website).
“Auction Catalogue” means the directory of Lots to be sold at the Auction as available on the Website and Easylive Website. A separate catalogue is available for each individual Auction.
The “Auctioneer” means the representative of PFW conducting the Auction.
The “Auction Room” means where appropriate from time to time, the relevant physical location in which the Auction is held by the Auctioneer.
"Autobid” means using the autobid option to bid on lots on our Website (or the Easy Live Website) in which you confirm the highest bid you are willing to make, and the autobid feature will bid on your behalf up to and including that highest bid amount.
“Bidder” means the individual or party placing a bid at an Auction, at the Timed Auction, or through the Online Shop.
“Buyer” means the individual or party purchasing a Lot, or Lots, at an Auction, at the Timed Auction, or through the Online Shop.
“Buyers Conditions” means the Buyers Terms and Conditions of Sale by Auction, and Timed Auction, as set out in Part 1 below.
“Easy Live” means Easy Live (Services) Limited T/S Easy Live Auction (Company Number 7917275) whose registered office is at Auction House, Finmere Road, Eastbourne, East Sussex, BN22 8QL (Easy Live Auction is VAT registered (VAT No: 133 9922 01)), with whom PFW is registered as an auctioneer for the purposes of online bidding and Timed Auctions.
“Easy Live Auction Fee” means the optional fee payable to Easy Live as defined and set out in Part 3.
“Easy Live Website” means www.easyliveauction.com or the website of Easy Live, if amended from time to time.
“Estimates” means the estimated sale price set out in the Auction Catalogue.
“Goods” means items intended to be sold at the Auction or through the Online Shop prior to PFW accepting the item and prior to allocation of a Lot number.
“Goods Conditions” means the Terms and Conditions of the Standard of Goods as set out in Part 5.
“Hammer Price” means the final confirmed price payable for each Lot, as determined by the Auctioneer excluding any expenses, charges or taxes payable in accordance with these PFW Terms and Conditions.
“High Value Lot(s)” means any Lot valued at or above £25,000.
“Live Bidding” means bidding on Lot(s) online at an Auction or Timed Auction.
“Lot”, “Lot(s)” or “Lots” means items for sale at an Auction, Timed Auction, or on the Online Shop, a Lot number is allocated for the item and they are listed in the Auction Catalogue.
The “Office” means the main office built into the front right hand corner of the Dorking Halls, Reigate Road, Dorking, Surrey, RH4 1SG.
“Online Shop” means the shop located on the ‘shop’ tab at www.windibank.co.uk or the relevant tab on the website of PFW if amended from time to time.
“Part” means each separate section of the PFW Terms and Conditions.
“PFW” P.F. Windibank Auctioneers and Valuers.
“PFW Premises” means any location in which PFW operate their business and includes, but is not limited to, the Office and the Showroom.
“PFW Terms and Conditions” means collectively each Part of these Terms and Conditions, available on the Website, and as updated from time to time.
“Seller” means the individual or party attempting to sell a Lot, or Lots, at an Auction, Timed Auction, or through the Online Shop.
“Sellers Conditions” means the Sellers Terms and Conditions of Sale as set out in Part 2 below.
The “Showroom” means the viewing room located to the rear of the Dorking Halls, Reigate Road, Dorking, Surrey, RH4 1SG, or as relocated by PFW from time to time.
“Starting Price” means the initial price of a Lot, as determined by the Auctioneer.
“Timed Auction” means the virtual or webcast auction, conducted by an auctioneer, which allow online Bidders and Buyers to participate in an Auction online and in real time.
The “Website” means www.windibank.co.uk or the website of PFW if amended from time to time.
“Website Conditions” means the Terms and Conditions of the use of the Website and Online Shop, as set out in Part 6 below.
PART 1. BUYERS TERMS AND CONDITIONS OF SALE BY AUCTION (INCLUDING TIMED AUCTIONS)
1. Scope of Part 1 – Buyers Conditions
1.1. The following information is intended to assist Buyers and Bidders.
1.2. All sales are conducted under our Buyers Conditions, as follows, which are readily available for inspection and the PFW staff will be happy to assist should you require any further information.
1.3. The Buyers Conditions are in addition to all Parts of the PFW Terms and Conditions as listed on the Website, and as amended from time to time.
1.4. The Buyer agrees that all Lots will be purchased under the Buyers Conditions and the other relevant PFW Terms and Conditions listed on the Website, as updated from time to time.
2. Agency
2.1. PFW, unless specified otherwise, contracts and acts as agent for the Seller.
2.2. For reasons of confidentiality, the identity of the Seller will not be disclosed, unless, where the Seller has consented to disclosure, as required for direct collection of a Lot(s) from the Seller.
2.3. Accordingly, as a Buyer, your primary contract is with the Seller.
3. Estimates
3.1. Estimates are provided as a guide to Bidders and Buyers as to the sum expected to be achieved at Auction for a particular Lot.
3.2. Estimates are made well before the Auction and may be altered at any time prior to the sale.
3.3. The Estimate represents an estimate of the Hammer Price and does not include any expenses, charges or taxes payable.
3.4. Estimates are in no sense definitive and are intended merely as a guide.
4. Faulty Goods
4.1. Where A/F appears in our description of any Lot, it means that the Lot is faulty.
4.2. Lots not being marked with A/F does not imply that this Lot(s) is without any marks, faults or defects.
4.3. All Lots are sold as seen and should be examined prior to sale, where you are purchasing Lot(s) via Timed Auction or our Online Shop, we suggest that you request a Condition Report in order to assess the quality and standard of the Lot(s).
5. Condition Reports
5.1. At the request of a Buyer who is unable to view Lot(s) prior to an Auction or Timed Auction; PFW may be able to assist by providing a condition report.
5.2. Requests must be made in writing, including by email, in the week prior to an Auction.
5.3. Condition Reports are based solely on the own opinion of PFW and are for guidance only.
5.4. Whilst we make all attempts to ensure the accuracy of our Condition Reports, no responsibility is accepted for the accuracy of the Condition Report; potential Bidders are strongly recommended to view Lots.
6. Methods of Bidding
6.1. Bids may be made as follows:
6.1.1. in some cases, in person with a bidding card. Please note, the majority of our Auctions will be available to attend online (via streaming on our Website, or as applicable the Easy Live Website) and will not have the option of attending in person;
6.1.2. by completing, and signing, the standard Bidding Form;
6.1.3. by e-mail received no later than 10am (UK time) on the morning of the Auction;
6.1.4. by telephone (unless bidding at a Timed Auction, in which case telephone bids are not available);
6.1.5. by prior booking of a telephone line to bid for a specific Lot. This service is subject to line availability, is at the Auctioneer’s absolute discretion, and is not available in respect of a Timed Auction. A telephone line cannot be booked unless the Bidder is prepared to bid to a value exceeding £100.00 and provided that the Bidder provides their full name, permanent address, telephone number and the debit card details they intend to use for the purchase;
6.1.6. by bidding via our Website (or where applicable via the Easy Live Website). Please note, your bid will only have been accepted if you are registered on our Website and you have received an automated response email stating the same;
6.1.7. by bidding on a Lot, or Lots, via the Easy Live Website with whom we are registered as an auctioneer;
6.1.8 Live Bidding on our Website (or where applicable via the Easy Live Website); or
6.1.9 Registering an Autobid on our Website (or where applicable via the Easy Live Website).
6.2. PFW executes absentee bids (referenced in 6.1.2 to 6.1.6, and 6.1.9 above) as a convenience for Bidders and/or Buyers and accepts no responsibility for inadvertently failing to execute bids or for errors (both human and electronic) relating to the execution of the same.
6.3. Bidders attending (whether online or in person) in person for the first time must register prior to bidding, as per the Attendance Conditions set out in Part 4 below and provide us with a form of photographic identification (i.e. driving license or passport) and proof of address.
6.4. In the event of in person attendance, you will be provided with a bidding paddle number which should be returned to a member of staff after the Auction. You will only be required to register on your initial visit but on each subsequent visit you will be issued with a bidding number for that particular Auction.
6.5 In respect of all online methods of bidding or attendance, once you have completed your initial registration, you will not be required to register on future occasions unless an exceptional circumstance applies from time to time.
6.6. Use of the Easy Live Website by you will be governed by Easy Live’s terms and conditions (as available on the Easy Live Website and as updated from time to time). For the avoidance of doubt, all Bidders using the Easy Live Website will be bound by both Easy Live’s terms and conditions, and the PFW Terms and Conditions as listed on the Website, and as amended from time to time.
6.7. For the avoidance of doubt, any fees and commissions payable to Easy Live for use of the Easy Live Website and any bids placed through the Easy Live Website will at all times be in addition to the commissions and fees paid, or payable, to PFW, as directed by PFW or under the PFW Terms and Conditions.
7. High Value Lot(s)
7.1. On occasion, for High Value Lot(s), Bidder’s will be asked to place a deposit, calculated on a percentage of the value of the relevant Lot(s), in order to bid for the same.
8. Buyer’s Fees
8.1 The following fees and charges are payable on the successful purchase of a Lot:
8.1.1 if you purchase a Lot (i) via telephone bids, (ii) at our Auction (on our Website or where applicable at a physical Auction), or (iii) at a Timed Auction via our Website, a Buyer’s premium of 25% (inclusive of VAT) of the Hammer Price; or
8.1.2 if you purchase a Lot at an Auction through the Easy Live Website and choose to pay Easy Live’s Auction Fee, (i) a Buyer’s premium of 25% (inclusive of VAT) of the Hammer Price, and (ii) the Easy Live Fee, as shown at Part 3 Clause 5; or
8.1.3 if you purchase a Lot at a Timed Auction through the Easy Live Website or at an Auction through the Easy Live Website and choose not to pay Easy Live’s Auction Fee, (i) a Buyer’s premium of 25% (inclusive of VAT) of the Hammer Price, and (ii) an Easy Live fee of 3% (inclusive of VAT) of the Hammer Price.
8.2 For the avoidance of doubt, the Easy Live Auction Fee is an optional fee payable in accordance with Part 3, if you choose not to pay the optional Easy Live Auction Fee, a further Easy Live fee will be payable to Easy Live in accordance with 8.1.3 above, but if the Easy Live Auction Fee is paid then no additional fee will be paid to Easy Live on successful purchase of a Lot, unless you are bidding at a Timed Auction, in which case the Easy Live Auction Fee is not applicable.
9. VAT – The Auctioneer’s Margin Scheme
VAT will be payable by the Buyer on the Hammer Price of any Lot when the Seller is a registered taxable person not selling within the Auctioneer’s Margin Scheme, each Lot to which this (and VAT for any other reason) applies will be marked with a “(+)” in our Auction Catalogue.
10. Methods of Payment
10.1. Payment can be made on the day of the Auction, in accordance with 11 below, in the Showroom.
10.2. Payment will be accepted via by debit card, credit card, cash (up to a limit of £9,000 per annum), bank transfer or through our secure website.
10.3. Payment made through our secure website cannot exceed £500 (unless previously agreed with the Auctioneer, at his absolute discretion).
10.4. Buyers who cannot make payment in person, should do so directly through our secure web site or by bank transfer (details will be set out at the bottom of the PFW invoice).
10.5. Card payments can only be made over the telephone for amounts up to £200 (unless previously agreed with the Auctioneer, at his absolute discretion).
10.6. For payments made over the telephone, we will require proof of ID and production of payment card at the time of collection.
10.7. For international payments, we will require proof of ID which may include driving license, passport, or national identify card, and may involve certifying such ID as is deemed appropriate by the Auctioneer (or a member of the PFW Staff) from time to time including showing/evidencing, or photographs of, each part of the ID as necessary. All bank charges in respect of international payments will be payable by you.
10.8. Some forms of payment cards are not accepted by PFW from time to time. PFW staff will be able to inform you of what payment cards are accepted as and when necessary.
10.9. If you require clarification on any aspect of the above, please ask the Auctioneer or a member of PFW staff who will be happy to assist you.
11. Payment and Collection of Purchases
11.1. Lots can be paid for and collected during the Auction at the Showroom, approximately 15 minutes after the Lot is sold.
11.2. If there is an issue or dispute regarding the sale of the Lot or the Lots, you will not be able to collect these until the Auctioneer is available to settle the dispute or resolve the issue.
11.3. Only the Auctioneer has responsibility for resolution of any issue or dispute and no other member of PFW staff will be able to resolve these issues/disputes during or after the Auction.
11.4. The Auctioneer will be available post Auction and any such times as set out in the Auction Catalogue.
11.5. The available times as per 11.4 above and stated in the Auction Catalogue are an estimate of the Auction timings and may not reflect the exact timings on the day.
11.6. Any Lots not paid for and collected on the day of the Auction should be paid for by bank transfer, or at the Showroom, which is open on the Sunday immediately after each Auction from 8am to 12 noon and weekdays from 9am to 5pm.
11.7. All Lots must be paid for and collected within 10 days.
11.8. Any Lot(s) not collected within the 10-day period will incur storage charges of at least £2 per day.
11.9. Goods will not be released until payment has been received in cleared funds.
PART 2. SELLERS TERMS AND CONDITIONS OF SALE BY AUCTION (INCLUDING TIMED AUCTIONS)
1. Scope of Part 2 – Sellers Conditions
1.1. The following information is intended to assist Sellers and are in addition to all PFW Terms and Conditions as listed on the Website.
1.2. All sales are conducted under our Sellers Conditions, as follows, which are readily available for inspection and the PFW staff will be happy to assist should you require any further information.
1.3. The Seller agrees that all Lots will be sold under the Sellers Conditions and the other relevant PFW Terms and Conditions listed on the Website, as updated from time to time.
2. Instructions
2.1. All Goods delivered to the PFW Premises will be deemed to be delivered for sale by Auction and Timed Auction unless otherwise previously stated in writing.
2.2. Goods will be catalogued and sold at PFW’s discretion and accepted by PFW subject to Part 5 – Goods Conditions.
2.3. By delivering the Goods to PFW for inclusion in an Auction, Timed Auction or on the Online Shop, each Seller acknowledges that they have accepted and agreed to be bound by each relevant Parts of the PFW Terms and Conditions.
3. Auction Commission
3.1. Commission is charged to Sellers on the Hammer Price of each Lot at the rate of:
3.1.1. for each Lot Hammer Price up to and including £2,000, 15% of the Hammer Price;
3.1.2 for each Lot Hammer Price above £2,000, 15% on the first £2,000 and 10% on the remaining Hammer Price (for example, if the Hammer Price is £2,500 commission will be charged at 15% for the first £2,000 and 10% for the remaining £500).
3.2. VAT is chargeable on the commission at the appropriate rate prevailing by law at the date of the sale. (Subject, at Auctions only, to a minimum charge of £6 + VAT per Lot.)
4. Insurance
4.1. All Lots stored on PFW’s Premises are insured against fire, theft or accidental damage while on PFW’s Premises.
4.2. Where Lots are held/stored by PFW, Sellers are charged at the rate of 1% of the Hammer Price, plus VAT or, where the Lots is either not sold or prior to sale, this will be based on the estimated Hammer Price.
5. Photographs and Illustrations
5.1. All Lots will be photographed by PFW in order to prepare the Lot for sale, and the following fees are payable:
5.1.1. Website Photographs - £2.00 plus VAT for each Lot with an estimated or actual Hammer Price below and including £55.
5.1.2. Website Photographs - £5.00 plus VAT for each Lot with an estimated or actual Hammer Price exceeding £55.
5.2 If PFW advertise a Lot in any publication, or sales catalogue outside of the Auction Catalogue, we will confirm any costs and expenses before we proceed.
6. Rights to Photographs and Illustrations
6.1. The Seller gives PFW full and absolute right to photograph and illustrate any Lot placed for sale through an Auction, Timed Auction and/or the Online Shop and to use such images at PFW’s absolute discretion (whether or not in connection with the Auction).
6.2. The copyright in respect of such photographs, illustrations and any text in any catalogue or on the Website shall be the property of PFW.
7. Removal Costs
7.1. Any Lot(s) for sale must be delivered to PFW’s Premises at the Seller’s own expense and within the stated deadline.
7.2. PFW may be able to assist the Seller with this process through an independent carrier however, PFW does not accept any liability for any damage caused while Goods are in transit.
7.3. Any charges incurred in respect of the above, must be dealt with by the Seller directly with the carrier.
8. Withdrawn Lots
Where a Seller cancels instructions, or where a Lot is withdrawn for any reason other than misattribution or authenticity, after the Auction / Timed Auction has gone live, PFW reserves the right to charge a fee equal to the Seller’s commission and Buyer’s premium calculated on the Auctioneer’s reasonably estimated Hammer Price, together with any applicable VAT and expenses incurred in relation to the Lot(s) (e.g. insurance, storage, photography, etc).
9. Collection of Unsold Lots
9.1. All Lots must be inspected by the Seller before recovering from PFW's Premises.
9.2. PFW will not be responsible for any damage to Lots once they have been removed, or if they have not been collected within ten days of the sale.
10. Reserves
10.1. The pre-sale advice form will be sent, or emailed, to each Seller at the beginning of the week of the Auction and/or Timed Auction.
10.2. It is the Seller’s responsibility to notify PFW if they do not receive a pre-sale advice.
10.3. Failure to return the pre-sale advice form will result in the Lot(s) being sold to the highest Bidder and under no circumstances will PFW be liable for unsatisfactory results.
10.4. The Seller is entitled to place a reserve on any Lot(s) in accordance with 10.1 being the minimum Hammer Price. Reserves given by telephone are accepted only at the Seller’s risk and must be confirmed in writing prior to the commencement of the Auction.
10.5 All Lots will be sold without reserve except those Lots which the Seller indicates are to have a reserve by completing and returning the pre-sale advice form to PFW. Such pre-sale advice form must be received no later than 30 minutes before the Auction begins. Where the Lot is being entered into a Timed Auction, such pre-sale form must be received before the Auction Catalogue goes online (such date/time will be confirmed by PFW).
10.6. If the Seller specifically gives the Auctioneer “discretion” when placing a reserve, the Auctioneer may accept a bid of up to 10% below the formal reserve.
10.7. In the event of any reserve not being reached at Auction, PFW is entitled to sell after the Auction, by private treaty, at not less than the reserve, as long as the Goods remain on PFW’s Premises.
11. Unsold Lots
11.1. Any Lot(s) which do not reach their reserve and have therefore not sold will be charged at the rate of 2% plus VAT on the reserve (except when the reserve is within the Auctioneer’s low to mid estimate), plus any other fees payable under the Conditions.
11.2. All unsold Lots must be removed from PFW’s Premises within ten days of the sale date. If collection exceeds ten days a storage fee of £2.00 per Lot per day plus VAT will be charged.
11.3. After 1 calendar month following the Auction, if the Lot(s) have not been collected PFW reserves the right to dispose of the Lot(s) to a charity shop or otherwise as deemed fit by the Auctioneer without reserve and all charges will be deducted from the sale of the Lot(s).
11.4. Unsold Lots can be added to the Online Shop if explicitly requested by the Seller.
11.5. Where the Seller holds any Lot(s) at the time of the Auction, and such Lot(s) do not sell, PFW will be under no further obligation to the Seller.
12. Re-Entering Lots for Sale
It is not PFW’s practice to re-enter unsold Lots into future Auctions and any unsold Lots must be collected in accordance with 11 above.
13. Warranty of Title and Availability
13.1. The Seller warrants to PFW and to the Buyer that they are the true owner of the Lot(s), or is properly authorised by the true owner to sell the Lot(s), and is able to transfer good and marketable title to the property free from any third party claims.
13.2. The Seller hereby undertakes to indemnify PFW and any Buyer or third party against any loss or damage suffered as a consequence of any breach of 13.1 above.
14. After the Auction
Given the nature of Auctions (and Timed Auctions), regardless of attendance by the Seller or the Seller’s agent, the Seller should contact PFW to clarify the sale results.
15. Payment of Sale Accounts
15.1. Provided that the Buyer has paid for the Lots, sale accounts are to be settled 14 days following the sale, and within 21 days of such sale.
15.2. All sale proceeds will be paid by bank transfer. If requested, PFW are able to make payment by cheque but in the event that such cheque is lost, the Seller will be liable for any cost to cancel.
15.3. PFW act as agents for the Seller only and as such PFW does not accept responsibility for default by either the Buyer or the Seller.
15.4. PFW will not make any payments to anyone other than the Seller at the Seller’s address unless instructed otherwise by the Seller in writing. Where such request is received, we may (but are not under an obligation to) call to confirm alternative payment.
16. Lots which are unacceptable for Auction
16.1. Any Lot delivered to PFW but deemed unacceptable for sale by the Auctioneer can, at the request of the Seller, be placed in the hands of another party.
16.2. PFW will not be liable for such Lots once they have been passed to the other party and the Seller must deal directly with the other party henceforth.
17. INDEMNITY - PLEASE MAKE SURE YOU READ AND UNDERSTAND THIS CLAUSE
The Seller indemnifies PFW against any claims in connection with any Lots sold by PFW on behalf of the Seller.
18. VAT on Seller’s Commission and Sale Expenses
Seller’s commission and sale expenses such as insurance, illustration and advertising are subject to VAT at the appropriate rate prevailing by law at the date of the sale.
19. VAT under Auctioneer’s Margin Scheme
19.1. VAT will be payable by the Buyer on the hammer price of Lots when the Seller is a registered taxable person/business not selling within the Auctioneer’s Margin Scheme. VAT is payable on any Lot(s) marked with an asterisk (*) in the catalogue.
19.2. It is the responsibility of the Seller to notify PFW if selling outside the Auctioneer’s Margin Scheme where VAT will be payable.
PART 3. TERMS AND CONDITIONS RELATING TO TIMED AUCTIONS AND EASY LIVE
1. Scope of Part 3 – Timed Auctions and use of Easy Live
1.1. The following information is intended to assist Buyer and Sellers when using and virtually attending Timed Auctions and using the Easy Live Website.
1.2 This Part is in addition to all other Parts of the PFW Terms and Conditions – Buyers, Sellers and Bidders will be bound by all sections and Parts of the PFW Terms and Conditions. Where this Part 3 conflicts with any other Part of the PFW Terms and Conditions, and the circumstances relate solely to a Timed Auction or to the use of Easy Live, the provisions of this Part will prevail.
1.3. When using the Easy Live Website, please be aware that you are using a third party website of which we have no responsibility or control.
1.4. All Buyers, Sellers and Bidders will be bound by these PFW Terms and Conditions regardless of where the Lot(s) are held, or who holds the Lot(s).
2. Timed Auctions: General
2.1. Users of the Timed Auction, as available on our Website, will have the opportunity to list and sell Lot(s) directly to other customers.
2.2. A Seller can apply to list their items for sale via the Timed Auction by either (i) bringing the relevant items to PFW at our Showroom or Office, or (ii) sending a description of the items along with numerous photographs and a condition report.
2.3. Multiple photographs must be taken within one month of the application for listing to ensure they resemble a true likeness of the Lot(s). Multiple photographs of the Lot(s) should be sent to PFW in order reflect any defects in the condition.
2.4. We have the right to ask for condition reports in respect of any and all Lot(s), the Seller undertakes to provide an accurate and honest response within 24 hours of the request.
2.5. All condition reports whether taken in writing or through discussions with the Seller will be provided, via email, directly to the Seller and/or Buyer.
2.6. Buyers should be aware that all condition reports in respect of Lot(s) not held by PFW are provided by the Seller and have not been validated by PFW.
2.7. Should there be any change to the Lot(s) description or appearance it is the Sellers duty to alert PFW of these changes.
2.8. In addition to the PFW’s general reservation of its right to refuse sale of items, where such application is made via electronic means, PFW reserve the right to refuse such application if the Seller refuses to allow an inspection prior to the items being listed.
2.9. No sum will be paid to the Seller until the Lot(s) has been received and all descriptions are verified by PFW, or the Buyer, and all photographs deemed to have a true likeness to the Lot(s).
2.10. Any Seller who wishes to hold their listed Lot(s) throughout the Timed Auction, a deposit will be payable at a rate of (i) £10 per Lot with a Starting Price (or reserve, whichever is higher) of up to and including £50, (ii) £20 per Lot with a Starting Price (or reserve, whichever is higher) of between £51 and £99 (inclusive), or (iii) 25% of the Starting Price (or reserve, whichever is higher) per Lot for any Lot(s) with a Starting Price (or reserve, whichever is higher) of, or in excess, of £100.
2.11. There will be no viewing opportunities in respect of Lot(s) sold at Timed Auction, and all Lot(s) will be held either in storage or by the Seller.
2.12. If the Lot(s) do not sell due to misinformation received by PFW, all applicable fees and charges will remain due and payable by all parties in accordance with these PFW Terms and Conditions.
3. Timed Auctions: Storage, Delivery and Collection
3.1. Lot(s) may be collected by the Buyer 24 hours after the end of the Timed Auction, and must be collected with 5 days.
3.2. If Lot(s) are unsold within the Timed Auction period, the Seller will be responsible for the collection of the Lot(s) within 5 days of the end of the Timed Auction, unless arrangements between the Seller and PFW have been made to dispose of, or sell the Lot(s) on the Online Shop.
3.3. Any Lot(s) not collected within 5 days will accrue storage charges of at least £2 per day, these reasonable charges are payable by the Seller.
3.4. Any Lot(s) not collected within 28 days will be disposed of as the Auctioneer sees fit and no payment shall be due to the Seller.
3.5. Where the Seller holds any Lot(s) at the time of the Timed Auction:
3.5.1. and such Lot(s) do not sell, PFW will be under no further obligation to the Seller.
3.5.2 delivery of all sold Lot(s) will be the responsibility of the Seller, and must be sent to PFW within 24 hours of the end of the Timed Auction, unless prior arrangement has been made for delivery directly to the Buyer, in which case the Seller must adhere to any pre-agreed arrangements.
3.5.3. and where the Seller requests that the Buyer collect the sold Lot(s) (as will be noted in the Auction Catalogue), the Seller gives PFW permission to pass on their contact details to the Buyer for the sole purposes of arranging collection. The Buyer also acknowledges and agrees that their contact details may be provided to the Seller for the same purpose.
3.5.4. and where collection, or delivery, fails, all fees and charges due from both the Seller and the Buyer will at all times remain due and payable to PFW.
3.5.5. are not insured by PFW, and PFW take no responsibility for any loss, theft or damage of such Lot(s).
4. Fees and Charges
4.1. The following fees and charges will be payable by the Seller:
4.1.1. £3 + VAT charge for a Lot advertised at up to (and including) £29;;
4.1.2 £5 + VAT charge for a Lot advertised at, or in excess of £30. Free if item has not sold in the Timed Auction.
4.1.2. insurance fees of 1% of the Hammer Price (or Starting Price of any unsold Lot, or where higher, the reserve) plus VAT;
4.1.3. Seller’s commission of 15% of the Hammer Price in respect of each/all sold Lot(s); and
4.1.4. all fees/expenses incurred in respect of any transportation/delivery fees from the Seller to PFW, will be payable by the Seller.
4.2. The following fees and charges will be payable by the Seller:
4.2.1. Buyer’s premium of 25% (inclusive of VAT) of the Hammer Price in respect of each/all sold Lot(s);
4.2.2. all fees/expenses incurred in respect of any transportation/delivery fees from PFW to the Buyer, will be payable by the Buyer; and
4.2.3. any Easy Live fees as listed in 5 below;
4.2.4. no internet fee will be payable by the Buyer when Live Bidding, or bidding at a Timed Auction, directly on or through our Website.
5. Easy Live
5.1. The Easy Live Website contains its own terms and conditions which you will be bound by, as well as its own privacy policy, which will determine how Easy Live handle your data. We would advise that when using Easy Live, you carefully read and review their terms and conditions and privacy policy to ensure you are comfortable with the same.
5.2. All Buyers have the option of paying an upfront user fee of £3 (plus VAT) to attend, and bid, at an Auction on the Easy Live Website (the “Easy Live Auction Fee”). If the Easy Live Auction Fee is paid upfront, then no further fee will be payable to Easy Live on successful purchase of a Lot(s), however, this fee will not be refundable in the event that no successful purchase is made.
5.3. Where no Easy Live Auction Fee is paid or where you are bidding at a Timed Auction, successful Buyers will pay a Buyer’s fee of 3% on the Hammer Price (plus VAT) directly to Easy Live, in addition to the PFW buyer’s commission and other fees as set out at 4.2 above.
PART 4. TERMS AND CONDITIONS OF AUCTION ATTENDANCE
1. Scope of Part 4 – Attendance Conditions
1.1. The majority of PFW Auctions are held online and you will not be able to attend in person. PFW will confirm where you are able to attend in person, and in that case you will be bound by the terms contained in this Part 4.
1.2. The Attendance Conditions sets out the necessary terms for attending the Auction with or without an intention to purchase or sell.
1.3. The Attendance Conditions are in addition to all Parts of the PFW Terms and Conditions as listed on the Website.
1.4. No clause in the Part 4 Attendance Conditions, will override the clauses set out in Parts 1 – 3, or 5 – 7 (inclusive) should they come into conflict with one another.
2. Registration
2.1. When attending an Auction with the intention to sell or purchase you will be asked to register your details in order to bid.
2.2. Registration can be completed prior to the Auction online or in person (at the designated registration area), both prior to or when attending the Auction.
2.4. In order to register you will be asked to provide identification by way of photo ID (i.e. Driving License or Passport) and proof of address. Without providing this identification you will not be able to register.
3. Telephone Bids
3.1. Should you wish to bid via telephone you will be asked to register and provide the information as set out in 3.2 below.
3.2. To register you must provide your full name, permanent address, a telephone number and the payment card details you intend to use for the purchase.
3.3. The payment card provided for the telephone bid should be registered to the same address, as shown on the proof of address stated in 2 above.
3.4. PFW staff will only ask you to supply your payment card security code when making payment and will not ask for this prior to payment.
3.5. You will not be able to bid via telephone bidding without supplying the information stated in these Attendance Conditions.
3.6. This service is subject to availability and is at the Auctioneer’s absolute discretion.
3.7. A telephone line cannot be booked unless the Bidder is prepared to bid to a value exceeding £100.00.
4. Fire Precautions
The public attending the Auction are requested to leave gangways and the exit doors clear in case of emergency.
5. Damage to Lots
Any person causing damage to any Lot will be held responsible for such damage and the Auctioneer will be the sole judge in assessing the cost of the same.
PART 5. TERMS AND CONDITIONS OF THE STANDARD OF GOODS
1. Scope of Part 5 – Goods Conditions
1.1. The following information is intended to assist Buyers, Bidders and Sellers.
1.2. All Goods and Lots are subject to our Goods Conditions, as follows, which are readily available for inspection and the PFW staff will be happy to assist should you require any further information.
1.3. The Goods Conditions are in addition to all PFW Terms and Conditions as listed on the Website and as updated from time to time.
2. Description and Condition
2.1 Whilst PFW make every effort to ensure the accuracy of the Auction Catalogue and the description of any Lot:
2.1.1. Each Lot as set out in the Auction Catalogue or as divided or combined with any other Lot(s) is sold by the Seller with all faults, imperfections and errors of description.
2.1.2. PFW does not accept responsibility for the authenticity, attribution, genuineness, origin, authorship, date, age, period, condition or quality of any Lot unless it has been instructed in writing by the Seller so to certify and, in such case, PFW does so as agent of the Seller and is not itself responsible for such claims.
2.1.3. All statements, whether printed in the catalogue, on the Website or made verbally 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 PFW unless it has been instructed to do so as agent of the Seller and is not itself responsible for such claims.
2.1.4. Any claim under any Statute must be received in writing by the Auctioneer within 14 days of the Auction.
3. The Buyer and Bidding Procedures
3.1. Bidders are required to register their information and provide the requested identification prior to bidding.
3.2. The highest Bidder shall be the Buyer except in the case of a dispute.
3.3. If during an Auction the Auctioneer considers that a dispute has arisen, he has absolute discretion to settle it or to re-offer the Lot.
3.4. The Auctioneer may at his sole discretion determine the bidding increments or refuse a bid.
3.5. Every Bidder shall be deemed to act as principal unless there is in force written acknowledgement by PFW that it acts as agent on behalf of a named principal.
4. The Auction
4.1. The Auctioneer has absolute discretion to administer and deal with the Auction, Timed Auction, Online Shop, bidding, Live Bidding, and any Lot(s) in any way which he reasonably sees fit including to (i) divide any Lot, (ii) combine any two or more Lots, (iii) withdraw any Lot or Lots from the sale, (iv) refuse bids, (v) regulate bidding (including Live Bidding), or (v) cancel the sale without reason or notice.
4.2. The Auctioneer may bid on behalf of the Seller for all Goods which are being offered subject to any reserve or at the Auctioneer’s discretion.
4.3. Each Lot is put up for sale subject to any reserve placed by the Seller.
4.4. All conditions, notices, description, statements and other matters in PFW’s 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.
5. Rescission
Notwithstanding any other terms of the PFW Terms and Conditions, if within 14 days after the sale PFW has received from the Buyer of any Lot notice in writing that in their view the Lot is a deliberate forgery and within twenty-one days after such notification the Buyer returns the same to PFW in the same condition as at the time of sale and by producing evidence (the burden of proof to be upon the Buyer), satisfies PFW that the Lot is a deliberate forgery, then the sale of the Lot will be rescinded and the Hammer Price will be refunded.
6. Private Treaty Sales
In the event of a sale by private treaty both the Seller and the Buyer agree to be bound by the PFW Terms and Conditions.
7. Default
PFW disclaims responsibility for default by either the Buyer or the Seller because they act as agent for the Seller only and therefore do not pay out to the Seller until payment is received from the Buyer.
8. Inspection
Each Buyer by making a bid for a Lot acknowledges that he has satisfied himself fully before bidding by inspection or otherwise as to all the Conditions, the physical condition of and description of the Lot including but not restricted to whether the Lot is damaged or has been repaired or restored.
9. Risk
Each Lot is at the sole risk of the Buyer from the fall of the hammer. Each Buyer shall forthwith give his full name and permanent address, landline and mobile telephone number and if called upon to do so by the Auctioneer shall forthwith pay to PFW such proportion of the purchase price as the Auctioneer may require. If the Buyer fails to do so, the Lot may at the Auctioneer’s sole discretion be put up again and resold.
10. Removal of Goods
10.1. No Lot shall be claimed or removed until it has been paid for and the sale has been concluded.
10.2. All Lots shall be paid for and removed at the Buyer’s risk and expense by the end of the tenth working day after the sale or upon the clearance of any cheque used for payment failing which the Auctioneer shall not be responsible for the same if lost, stolen, damaged or destroyed and all Lots not so removed shall remain at the risk of the Buyer and subject to a minimum storage charge of £2.00 (+ VAT) per Lot per day.
10.3. Lots not collected within 10 working days will be stored in a location of which the Auctioneers deem suitable.
10.4. The Buyer is responsible for collection of the Lot from the location as specified in 10.3 above and payment of any reasonable storage fees. Collection of the same can only take place once the reasonable fees have been paid.
10.5. In the event of any failure of the Buyer to comply with any of the above conditions the damages recoverable by the Seller or PFW from the defaulter shall include any loss arising on any re-sale of the Lot, together with the charges and expenses of both sales, together with interest at 2% above Barclays Bank PLC base rate upon the price of any Lot which has not been paid for within 48 hours of the sale and any money deposited in part payment shall be held by PFW on account of any liability of the defaulter to them or the Seller.
10.6. PFW are able to accept payment from successful Bidders by cash, debit card, paying funds direct to our bank account (details at bottom of invoice). or paying though our secure web site
10.7. PFW reserves the right to resell at Auction, Timed Auction, by private treaty or on the Online Shop, any Lot not paid for and not collected within 28 days of purchase at Auction.
10.8. PFW reserves the right to resell at Auction, Timed Auction, by private treaty or on the Online Shop, any Lot paid for but not collected within 6 calendar months of purchase at Auction and to deduct all expenses due to PFW.
10.9 In some circumstances, PFW will sell Lot(s) that are being held by the Seller which are to be sent by, or collected from the Seller following sale. In the event this is the case, we will confirm the same in the Auction Catalogue and provide contact details of the Seller to the Buyer (and vice versa) in order to arrange collection/delivery.
11. Purchase Price
11.1. The Buyer shall pay the Hammer Price together with the relevant charges and fees payable in accordance with the Buyers Conditions at Part 2.
11.2. The Buyer’s premium attracts VAT (on the commission only) at the appropriate rate prevailing by law at the date of the sale and is payable by all Buyers.
12. Rights to Photograph and Illustrations
The Buyer gives PFW full and absolute right to use such photographs and illustrations of Lot(s) at any time, at PFW’s absolute discretion (whether or not in connection with the Auction, Timed Auction or Online Shop).
13. Third Party Liability
Every person on PFW’s Premises at any time shall be deemed to be there at their own risk. They shall have no claim against PFW in respect of any accident which may occur or injury, damage or loss howsoever caused, save insofar as the injury, damage or loss shall be caused by the direct negligence of PFW employees.
14. Exchange Rate Information
14.1. The currency exchange rates are those prevailing on the date shown. Such exchange rates are for GUIDANCE only.
14.2. All bids submitted will be converted to GBP (£) based on this exchange rate and all bids will be executed in GBP (£).
14.3. The Buyer will receive an email confirming his bid in GBP (£) and if successful is liable to pay this in GBP (£) at the exchange rate prevailing when he settles his account.
15. Goods Deemed Unacceptable for Listing
15.1. This clause 15 applies to all Parts of the PFW Terms and Conditions and will apply regardless of how Good(s) are chosen to be listed or sold.
15.2. Goods that may be deemed unacceptable for listing include but are not limited to the following. Please note that this list is not exclusive and PFW reserve the right to deem any Goods unacceptable for listing:
15.2.1. Electrical Goods with no wiring guarantee, please note electrical Goods with a wiring guarantee may still be acceptable for listing;
15.2.2. Upholstered Goods not meeting fire regulation;
15.2.3. Goods subject to trading restrictions, including but not limited to the New Ivory Law;
15.2.4. Fake Goods or duplicates;
15.2.5. Any Goods deemed to be dangerous, flammable or poisonous; and
15.2.6. Any Goods that is not free from any encumbrance or form of contract or lease.
16. Content and Description of Lot(s)
16.1. This clause 16 applies to all Parts of the PFW Terms and Conditions and will apply to all Good(s) that are to be listed at a Timed Auction, on the Online Shop, where sold by PFW without having sight of the Good(s) before being listed for sale, or at an Auction (or any other time) where any details are provided by the Seller to PFW.
16.2. The Seller is legally bound to give an accurate and true reflection of any Lot(s) being listed.
16.3. As with all Lots, whilst PFW makes every effort to ensure the accuracy of the Lots and the description of it through the application of listing process:
16.3.1. Each Lot(s) as set out in the Timed Auction or on the Online Shop is sold by the Seller, with all faults, imperfections and errors of description;
16.3.2. PFW does not accept responsibility for the authenticity, attribution, genuineness, origin, authorship, date, age, period, condition or quality of any Lot unless they have been instructed in writing by the Seller so to certify and, in such case, PFW do so as agent of the Seller and are not themselves responsible for such claims;
16.3.3. All statements, whether printed in the Auction Catalogue, or stated on the Website 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 PFW unless they have been instructed to do so as agents of the Seller and are not themselves responsible for such claims;
16.3.4. Any claim under any Statute must be received in writing by the Auctioneer within ten days of the day of sale.
16.4. Where the letters “(A/F)” appear in our description of any Lot(s) it means that the Lot(s) is faulty but it does not imply that Lot(s) not so marked are without faults. PFW may be able to assist by providing a condition report but these are based solely on our own opinion and for guidance only and no responsibility is accepted for their accuracy.
16.5. Notwithstanding any other terms of the PFW Terms and Conditions, if within 14 days after the sale PFW have received from the Buyer of any Lot(s) notice in writing that in his view the Lot(s) is a deliberate forgery and within 21 days after such notification the Buyer returns the same to PFW in the same condition as at the time of sale and by producing evidence, the burden of proof to be upon the Buyer, satisfies PFW that considered in the light of the entry in the shop the Lot(s) is a deliberate forgery, then the sale of the Lot(s) will be rescinded and the purchase price of the same refunded.
16.6. Any Seller applying to sell Goods through the Timed Auction, or the Online Shop warrants that:
16.6.1. They will not list Lots that will tie the Buyer into a contract of any type or form;
16.6.2. They are the owner of those Goods and have the authority to sell them; and
16.6.3.The Goods are listed and Lots are sold free from any encumbrances.
16.7. Any court proceedings arising from false descriptions, photographs or a non-compliance with PFW Terms and Conditions will be the sole responsibility of the Seller or Buyer.
PART 6. TERMS AND CONDITIONS OF THE WEBSITE AND THE ONLINE SHOP
1. Scope of Part 6 - Website Conditions
1.1. The following Website Conditions set out the legally binding Terms and Conditions for the use of the Website (and the Timed Auction available on the Website) and the Online Shop.
1.2. The following information is intended to assist Buyers, Bidders and Sellers.
1.3. If you continue to browse and use the Website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern our relationship with you in relation to this website.
1.4. The Online Shop Conditions are in addition to all PFW Terms and Conditions as listed on the Website, as amended from time to time.
1.5. This Agreement applies to all users of the Website including but not limited to users who are Sellers, Buyers, Bidders, customers, merchants and contributors of content, information and other materials or services on the Website.
1.6. The content of the pages of the Website is for your general information and use only. It is subject to change without notice.
1.7. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
1.8. Your use of any information or materials on our Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through our Website meet your specific requirements.
1.9. All trademarks reproduced on our Website, which are not the property of, or licensed to PFW, are acknowledged on the Website.
1.10. Unauthorised use of our Website may give to a claim for damages and/or be a criminal offence.
1.11. From time to time our Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
2. The Online Shop and How it Works
2.1. The Online Shop is available to be utilised by Sellers whose items have been included in a Timed Auction and have not sold. There will be no internet/website fees for Lot(s) that are entered into the Online Shop having not sold at a Timed Auction.
2.2 There is no Buyer’s premium payable in respect of Lot(s) purchased on the Online Shop.
2.3. Once a Good(s) has been reviewed and deemed suitable for entry into the Online Shop by a member of the PFW team it will be listed for a 4-week period, i.e. 28 days. If a Lot(s) remains unsold at the end of any 4-week period, PFW will deem whether it is suitable to remain on the Online Shop for a further 4-week period.
2.4. The Online Shop is updated weekly by PFW; it is at this point that the 4-week period will begin.
2.5. If your Lot(s) is deemed unacceptable for listing, the Good(s) will not be entered and will need to collected within 5 days, if applicable.
2.6. PFW withholds the right to deny the listing of any Good(s) if it is deemed to be unacceptable for listing by a member of the PFW team
2.7. No monies will be paid to the Seller until the Good(s)/Lot(s) has been received and all descriptions are verified by PFW, or the Buyer, and all photographs deemed to have a true likeness to the Good(s)/Lot(s)
2.8. If items are unsold within the 4-week period, the Seller will be responsible for the collection of the Lots, within 5 days of the end of the 4-week period.
2.9. Any items not collected within 5 days will accrue storage charges of at least £2 per day, these reasonable charges are payable by the Seller.
2.10. Any items not collected within 28 days will be disposed of as the Auctioneer sees fit and no payment shall be due to the Seller.
3. Entrance Fees, Selling Fees and Other Charges
3.1. If sold, a fee of 10% (plus VAT) of the sale price will be incurred on all Lot(s) sold through the Online Shop.
3.2. If unsold within the 4-week period, the Lots will be removed from the Online Shop but no refund on fees will be given.
3.3. Should you wish to remove your Lot(s) from the Online Shop before the end of the 4-week period you must inform PFW as soon as possible and will be charged the 10% + VAT Sale Fee.
4. Card Payments/Bank Transfers
4.1. PFW can only accept payment made directly into the PFW bank account through our system, you will be prompted to pay through this payment system once you have applied to list your Lot(s).
4.2. All payments made by the Buyer will be made directly to PFW through our system, PFW will then make payments directly into the Sellers bank account using bank details previously given through registration.
4.3. The use of a credit or debit card in the Online Shop is free of charge, we cannot except business credit cards (each unless otherwise previously agreed with the Auctioneer, at his absolute discretion).
4.4. It is the responsibility of the Bidder/Buyer to confirm with the PFW staff what payment cards are accepted.
5. Prohibited Uses
5.1 You may not use our Website:
5.1.1. In any way that breaches any applicable local, national or international law or regulation.
5.1.2. In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
5.1.3. To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards below.
5.1.4. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
5.1.5. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
5.2 You also agree not to access without authority, interfere with, damage or disrupt (i) any part of our site; (ii) any equipment or network on which our site is stored; (iii) any software used in the provision of our site; or (iv) any equipment or network or software owned or used by any third party.
5.3 The following content standards apply to any and all material which you contribute to our site (a “Contribution”), and to any interactive services associated with it:
5.3.1 A Contribution must: (i) be accurate (where it states facts); (ii) be genuinely held (where it states opinion); and (iii) comply with the regulations and laws of England and Wales (and any laws and regulations local to where such Contribution is posted).
5.3.2 A Contribution must not: (i) infringe any copyright, database right or trade mark of any other person; (ii) be likely to deceive any person; (iii) breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence; (iv) impersonate any person or misrepresent your identity or affiliation with any person; or (v) promote or commit any illegal activity.
PART 7. POSTAGE AND PACKAGING APPLIUCABLE TO ALL PURCHASE METHODS
1. Postage and Packaging
1.1. This Part 7 sets out the Postage and Packaging terms which apply to all Lot(s) howsoever purchased including by Auction, Timed Auction, Online Shop or any other purchase made from PFW.
1.2. PFW will, if required, provide the Buyer with details of local carriers who will be able to assist with delivery. Any such arrangements must be made directly with the local carrier and the Auctioneer will not be responsible in any way.
1.3. PFW offer a packing and postage service for Lot(s) bought through our Auction, Timed Auction, and Online Shop but please note that PFW are not professional packers and whilst we will pack Lot(s) to the best of our ability we will not take any responsibility for loss or damage to Lot(s) packed by us once they have left our office.
1.4. There may be some instances in which we cannot deliver/post Lot(s), but we will aim to provide you with information of companies/couriers that can assist.
1.5. Rough estimates of our standard charges are as follows:
1.5.1. £15 plus VAT for Lot(s) under 1kg in a Jiffy bag (by Royal Mail Special Delivery valued up to £750);
1.5.2. from £20 plus VAT for Lot(s) over 1kg – 8kg;
1.5.3. From £25 plus VAT for any Lot(s) above 8kg, or any unusual sized packages, postage charges will be quoted separately;
1.5.4. for any Lot(s) posted to the Highlands and Islands and addresses outside the UK, variable fees and surcharges will apply and be quoted separately
1.5.5. in respect of foreign postage for packages over 2kg, it may be beneficial for the Buyer to arrange collection themselves and include all customs documents, we will in this instance be able to provide a packaging service for a nominal charge depending on size and weight.
1.6 Goods paid for by telephone will only be posted to the address to which the payment card is registered and which accords with the address on our records.
FEE SCHEDULE
Fee Description Fee Information Fee
Buyer’s Premium Applies in respect to all purchase methods, excluding the online shop 25% of Hammer Price (inclusive of VAT)
Easy Live Auction Fee Optional fee for use of the Easy Live Website, not required and is not applicable to the Timed Auctions £3 (plus VAT)
Easy Live Buyer’s Fee Only applicable if no Auction Live Auction Fee paid 3% of the Hammer Price (inclusive of VAT)
Storage Fees Payable where noted in these PFW Terms and Conditions £2 per day
Seller’s Commission In respect of Lot(s) with a Hammer Price up to and including £2,000 15% of Hammer Price (exclusive of VAT)
Seller’s Commission In respect of Lot(s) with a Hammer Price in excess of £2,000 15% on the first £2,000 and 10% on the remaining Hammer Price (exclusive of VAT)
Insurance In respect of Good(s) and/or Lot(s) held by PFW 1% of the Hammer Price (or where unsold, the estimated Hammer Price as determined by PFW) (exclusive of VAT)
Website Photographs for each Lot with an estimated or actual Hammer Price below and including £55 £2 plus VAT
Website Photographs for each Lot with an estimated or actual Hammer Price below and in excess of £55 £5 plus VAT
Deposit (payable when Seller holds Lot(s) whilst Lot is listed) In respect of a Lot with a Starting Price (or reserve, whichever is higher) of up to and including £50 £10 per Lot
Deposit (payable when Seller holds Lot(s) whilst Lot is listed) In respect of a Lot for any Lot(s) with a Starting Price (or reserve, whichever is higher) between £51 and £99 (inclusive). £20 per Lot
Deposit (payable when Seller holds Lot(s) whilst Lot is listed) In respect of a Lot for any Lot(s) with a Starting Price (or reserve, whichever is higher) of, or in excess of, £100. £20 per Lot
Seller’s Internet Fee Payable regardless of whether a Lot is sold when listed at a Timed Auction £3 plus VATup to £29, £5 including and above £30
Online Shop Listing Fee a Lot advertised at up to £30 £3 plus VAT
Online Shop Listing Fee a Lot advertised above £30 £5 plus VAT
Seller’s Online Shop Commission Where a Lot is sold on the Online Shop 10% of the sale price
Early Lot Removal Payable if you wish to remove your Lot(s) from the Online Shop before the end of the 4-week period 10% of the listed sale price
Postage and Packaging for Lot(s) under 1kg in a Jiffy bag (by Royal Mail Special Delivery valued up to £500) £13 - £15
Postage and Packaging for Lot(s) over 1kg – 8kg £18
Postage and Packaging For any international or foreign postage, and postage on any unusual shaped Lot(s) or Lot(s) above 18kg TBC
SELLING INCREMENTS
£1-£50 £2
£50-£200 £5
£200-£500 £10
£500 -£1000 £20
£1000-£5000 £50
£5000- £10000 £100
£10,000-£20,000 £500
£20,000-£50,000 £1,000
£50,000-£100,000 £2,000
£100,000 -£200,000 £5,000
£200,000 above Auctioneers discretion
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