Group of five 1960s-70s summer dresses: one white cotton sundress with flower print; one blue cotton

A. General Conditions
1. Definitions
1.1 In these conditions:

“Auctioneer” means the representative of Wiggins Auctions conducting the auction;

“Lot” means any item or items accepted by Wiggins Auctioneers with a view to sale at auction;

“Bidder” means any person making, attempting or considering making a bid, including buyers;

“Buyer” means the bidder who makes the highest bid or offer accepted by the Auctioneer;

“Seller” means the person offering a lot for sale, including their agent or executors;

“Catalogue” means any brochure, advertisement or price list in print or on-line relating to the auction and published by Wiggins Auctioneers;

“Hammer Price” means the highest bid for the Lot accepted by the auctioneer at the auction or the post auction sale price;

“Purchase Price” means the Hammer Price plus applicable Buyer’s premium and buyer’s expenses;

“Buyer’s Expenses” are any costs or expenses due to Wiggins Auctioneers from the Buyer;

“Reserve Price” means the minimum price at which the Seller has agreed to sell a Lot;

“the Sale Proceeds” means the net amount due to the Seller, being the Hammer Price less commission and any other expenses due to Wiggins Auctioneers;

“Wiggins Auctioneers” means Wiggins Auctioneers Limited (company registration number 08402388) of 37 Westbourne Road, Lancaster LA1 5DX.

2. General
2.1 Wiggins Auctioneers acts as agent for the Seller. Occasionally, Wiggins Auctioneers may own or have a financial interest in a Lot.
2.2 Wiggins Auctioneers has the right to refuse admission to its premises or attendance at auction by any person. All persons are admitted to and participate in an auction on the basis that they have notice of these conditions.

2.3 The copyright for illustrations and written matter (including the Catalogue) for each Lot is the property of Wiggins Auctioneers and no person may use or copy the same without the prior written consent of Wiggins Auctioneers.

2.4 Wiggins Auctioneers make every reasonable effort to ensure that the Catalogue and descriptions of the Lot are accurate but makes no warranty to that effect.

2.5 All statements whether made verbally in the Catalogue or in condition reports are statements of opinion only and neither Wiggins, its employees, or agents are responsible for the accuracy of any opinion given. Wiggins Auctioneer’s knowledge of Lots is partly (and in some cases entirely) dependent on information provided by the Seller.

2.6 Wiggins Auctioneers has the right to divide any Lot or combine two or more Lots. The Auctioneer has the right to refuse any bids, withdraw a Lot from auction or (in the case of dispute) re-offer any Lot, including after the fall of the hammer.

2.7 The Auctioneer will commence and advance the bidding in such increments as he or she considers appropriate.

2.8 Any post-auction sale of Lots shall incorporate these Conditions of Business.

2.9.1 Wiggins Auctioneers shall be under no liability for any damage or loss sustained by any person while on Wiggins Auctioneer’s premises or auctions conducted by Wiggins Auctioneers except for death or personal injury caused by the negligence of Wiggins Auctioneers, its employees or agents.

2.9.2 Wiggins Auctioneers shall not be liable for any damage caused by the Seller or the Buyer to third parties or their property while on Wiggins Auctioneer’s premises or on any other premises from which Wiggins Auctioneers is conducting auctions.

2.10 Wiggins Auctioneers do not offer a postage and packaging service but will provide details of local packaging and courier services on request. Any loss or damage to goods when such a service is engaged by the Seller or the Buyer is the responsibility of that service provider and no liability is accepted by Wiggins Auctioneers, its employees or agents.

2.11 Wiggins Auctioneers and the Seller make no representations or warranties as to whether any lot is subject to import, export or copyright restrictions. It is the Buyer’s responsibility to obtain any necessary clearance or licence required, including licenses required under the Convention on the International Trade in Endangered Species (CITES).

2.12 The contractual relationship of Wiggins Auctioneers with Sellers and Buyers is governed by:

I. these Conditions of Business; and
II. any conditional notices and terms written in the sales Catalogue or displayed in a sale room notice or announced by the Auctioneer.

B. Seller’s Terms and Conditions
3. Warranty of Title
3.1 The Seller warrants to Wiggins Auctioneers and to the Buyer that he or she is the owner of the Lot or is authorised by the true owner to sell the Lot and the Lot is free from any liens, charges or third party charges. The Seller indemnifies Wiggins Auctioneers against any costs or expenses incurred by Wiggins Auctioneers as a result of breach of this warranty.

3.2 The Seller warrants to Wiggins Auctioneers that any information supplied in connection with the Lot is accurate to the best of his or her belief.

4. Collection of Goods
Where Wiggins Auctioneers collects goods for sale at the request of the Seller the risk remains with the Seller. The cost of the collection service, as agreed between Wiggins Auctioneers and the Seller, will be deducted from the proceeds of sale.

5. Risk of Loss or Damage
All goods on Wiggins Auctioneers premises will be held insured against the risks of fire, theft following forcible entry and water damage (but not accidental damage or breakage). The value of goods shall be the gross amount realised or in the case of unsold Lots, the best bid made, or the Reserve Price when the latter has been fixed. Unreserved goods withdrawn prior to or awaiting sale shall be valued by Wiggins Auctioneers at their absolute discretion as their estimate of auction value.

6. Reserves
6.1 All goods are offered for sale without reserve at the Auctioneer’s discretion unless written instructions as to reserves are given to Wiggins Auctioneers 24 hourly prior to the commencement of the sale.

6.2 Reserves are subject to a 10% Auctioneer’s discretion.

7. Commission
7.1 The Seller will pay a premium of 18% (exclusive of VAT) of the Hammer Price with a minimum charge of £5 per Lot whether it is sold or not.

8. Payment of Sale Proceeds to the Seller
8.1 Wiggins Auctioneers acts as agents for the Seller and cannot be held responsible if the Buyer does not pay.

8.2 Except where Wiggins Auctioneers have been notified by the Buyer under clause 19.3, once the Buyer’s funds have been cleared into our account we will pay the sale proceeds to the Seller within 28 days of the auction. Where the Buyer makes payment more than 23 days after the auction we shall pay the Seller within 5 days of the funds clearing. The Seller waives any right to interest that may be earned during the period from payment by the Buyer to receipt of the sale proceeds by the Seller. Where the Buyer has notified Wiggins Auctioneers of its belief the Lot is counterfeit in accordance with clause 19.2, the monies in respect of that Lot shall be retained until either they are returned to the Buyer or until Wiggins Auctioneers are satisfied that the item is genuine (having taken expert advice if appropriate) and the sale is confirmed.

9. Withdrawn Lots
If the Seller cancels his or her instructions for sale at any time, Wiggins Auctioneers reserves the right to charge a fee of 20% of either the estimate or the Reserve Price plus any expenses in storing or returning the item or items.

10. Unsold Lots
If any Lot fails to sell, Wiggins Auctioneers will notify the Seller who will either arrange for its removal within 7 days of notification or instruct Wiggins Auctioneers to re-offer the Lot for sale. If the Lot fails to sell for three auctions, or the Seller does not instruct Wiggins Auctioneers to re-offer the Lot for sale, Wiggins Auctioneers may require the Seller to remove the Lot within 7 days of notification. If the Seller then fails to remove the Lot, Wiggins Auctioneers may sell or disposed of the Lot at their discretion and use any funds raised to pay any costs including fees for storage. If the Seller does not remove the Lot or confirm instructions in accordance with this clause, storage will be charged by Wiggins Auctioneers at a rate of £5 per day from 7 days after the date of the last auction.

C. Buyer’s Terms and Conditions
11. Inspection of Lots
11.1 Buyers or Bidders may satisfy themselves about the condition of Lots by obtaining a condition report or organising a viewing. Each Lot is available for examination before sale.

11.2 Buyers and Bidders are deemed to have inspected Lots and to be satisfied with the condition of Lots and accuracy of description. Buyers and Bidders should note general condition 2.5 in relation to description of Lots.


12. Bidding at Auction
12.1 Bidders must, prior to sale, complete a Registration Form and supply such references and information as are required by Wiggins Auctioneers.

12.2 Bidders are personally liable for their bid and are jointly and severally liable with their principal if bidding as an agent (in which case prior written acknowledgement must be given to Wiggins Auctioneers).

13. Commission Bids
13.1 Wiggins Auctioneers will, if so instructed, execute written bids up to a specified limit from prospective Buyers.

13.2 Wiggins Auctioneers will endeavour to execute absentee written bids providing they are received the day before the auction and are in legible form. This is a free service offered at the Bidder’s risk and subject to Wiggins Auctioneer’s other commitments.

14. Title and Risk
14.1 Upon the fall of the hammer a contract of sale is completed between the Buyer and the Seller.

14.2 Legal title to the Lot will not pass to the Buyer until the Purchase Price has been paid by cleared funds to Wiggins Auctioneers.

15. Buyer’s Premium
15.1 The Buyer shall pay the Hammer Price plus a premium of 18% of the Hammer Price exclusive of VAT.

15.2 Online Bidding
Wiggins Auctioneers offer an online bidding service via the-saleroom.com for bidders who cannot attend the sale.
In completing the bidder registration on www.the-saleroom.com and providing your credit card details and unless alternative arrangements are agreed with Wiggins Auctioneers :
(i) authorise Wiggins Auctioneers , 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
(ii) confirm that you are authorised to provide these credit card details to Wiggins Auctioneers through www.the-saleroom.com and agree that Wiggins Auctioneers 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 3% commission charge + VAT at the rate imposed on the hammer price

16. Payment
16.1 Unless otherwise agreed in advance, payment of the Purchase Price is due in pounds sterling within 48 hours of the end of the auction.

16.2 Payments are accepted by the following methods:

I. cash;
II. cheque (the Lot will not be released until the funds have cleared); or
III. bank transfer.

17. Collection of Purchased Lots
17.1 The Buyer must arrange collection of the Lot within 7 days of the auction. The Buyer may not collect the Lot(s) until payment is received in cleared funds by Wiggins Auctioneers.

17.2 If the Buyer pays the Purchase Price and does not collect the Lot within 10 days of the auction, the Lot will be stored at the Buyer’s expense at a cost of £5 per Lot per day.

17.3 If a Lot is paid for but uncollected within 6 months of the auction, following 60 days written notice to the Buyer, Wiggins Auctioneers will re-sell the Lot with estimates and reserves at Wiggins Auctioneers discretion. The sale shall be subject to commission in accordance with this Agreement. The funds raised will first be used to pay any expenses (including storage charges) under clause 17.2 with any balance being returned to the Seller.

18. Non-payment
18.1 Without prejudice to any rights that the Seller may have, if the Buyer fails to make payment for any Lot within 7 days of the auction, Wiggins Auctioneers may in its sole discretion exercise one or more of the following remedies:

I. store the Lot at its premises or elsewhere at the Buyer’s sole risk and expense;
II. cancel the sale of the Lot;
III. set off any amounts owed to the Buyer by Wiggins Auctioneers against any amounts owed to Wiggins Auctioneers by the Buyer for the Lot;
IV. reject future bids from the Buyer;
V. charge interest at 4% per annum above The Bank of England’s base rate from the date of the auction to the date that the Purchase Price is received in cleared funds;
VI. re-sell the Lot by auction or privately, with estimates and reserves at Wiggins Auctioneer’s discretion, in which case the Buyer will be liable for any shortfall between the original Purchase Price and the amount achieved on re-sale, including all costs incurred in such re-sale;
VII. exercise a lien over any Buyer’s property in Wiggins Auctioneer’s possession;
VIII. commence legal proceedings to recover the Purchase Price for the Lot plus interest and legal costs; or
IX. disclose the Buyer’s details to the Seller to enable the Seller to commence legal proceedings.

19. Authenticity Guarantee
19.1 Wiggins Auctioneers shall refund the Purchase Price to the Buyer in circumstances where Wiggins Auctioneers deems that a Lot is a counterfeit, subject to the terms of Wiggins Auctioneer’s Authenticity Guarantee as set out below.

19.2 Subject to condition 19.1, neither Wiggins Auctioneers nor the Seller is liable for any errors or omissions on oral or written information provided to Bidder by Wiggins Auctioneers, whether negligent or otherwise.

19.3 Notwithstanding any other terms and conditions of engagement, if within 7 days of the sale of any Lot the Buyer gives written notice to the Auctioneers that in his opinion it is a counterfeit (deliberate forgery), as defined below and within 14 days of such notice returns the Lot to the Auctioneers, in the same condition as it was at the time of sale and by producing evidence (the burden of proof being on the Buyers) satisfies the Auctioneers that the Lot is a deliberate forgery: then the Auctioneers will rescind the sale and refund the Purchase Price received by them. The Seller will also be bound by this condition. Any claim is limited to the Purchase Price and not for any indirect or consequential loss. Time is of the essence in this clause 19.3 and the benefit of this clause is not assignable by the Buyer.

19.4 In respect of any claims under the Authenticity Guarantee, Wiggins Auctioneers may require the Buyer to obtain, at the Buyer’s cost, the reports of two independent and recognised experts in the relevant field. Wiggins Auctioneers shall not be bound by any reports produced by the buyer and reserves the right to seek additional expert advice at its own expense. In the event Wiggins Auctioneers decides to rescind the sale under this Guarantee, it may refund to the Buyer the reasonable costs of up to two mutually approved independent expert reports, provided that the costs of such reports have been approved in advance and in writing by Wiggins Auctioneers.

20. Data Protection
20.1 Wiggins Auctioneers will use information supplied by Bidders, Buyers and Sellers for the provision of auction related services, client administration, marketing and as otherside required by law.

20.2 By agreeing to these Condition of Business, the Buyer, Bidder or Seller agrees to the processing of their personal information for the purposes outlined in 19.1.