2d black and slate-black perf 15 RSC K, position 17 mint

TERMS AND CONDITIONS FOR BUYERS
These conditions set out the terms on which we Stanley Gibbons
Baldwin’s Limited (trading as ‘Stanley Gibbons Baldwin’s’ or ‘SGB’) of
399 Strand, London, WC2R 0LX, U.K. contract with you (the Buyer)
either as agent on behalf of the Seller or as principal if we are the
Seller. You should read these conditions carefully.
1. DEFINITIONS
The following definitions apply in these Terms & Conditions:
Auctioneers Margin Scheme: A VAT margin scheme as defined by HM
Revenue & Customs;
Buyer: The person who makes the highest bid for a Lot which is
acceptable by the auctioneer and if the person is acting as an agent,
will be a reference to their principal;
Buyer’s Premium: The additional amount payable by the Buyer on the
purchase of the Lot, calculated as the relevant percentage (specified
in the auction catalogue) of the hammer price;
Certificate of Authenticity: A certificate issued by and Expert
Committee confirming the authenticity of a Lot;
Expert Committee: A committee of experts to whom a Lot may be
sent for an extension in accordance with clause 5.9.3;
Forgery: A Lot constituting an imitation originally conceived and
executed as a whole with a fraudulent intention to deceive as to
authorship, origin, age, period, culture or source where the correct
description as to such matters is not reflected by the description in the
catalogue and which at the date of the auction had a value materially
less than it would have had if it had been in accordance with the
description in the catalogue. Accordingly, no Lot shall be capable of
being a Forgery by reason of any damage and/or restoration work of any
kind;
Hammer Price: The amount of the highest bid accepted by the
auctioneer in relation to a Lot;
Lot: Any item deposited with us for sale at auction and, in particular,
the item or items described against any Lot number in any catalogue;
Reserve: The amount below which we agree with the Seller that the
Lot cannot be sold;
Seller: The owner of the Lot being sold by us;
VAT: Value added tax chargeable under VAT and any similar
replacement or additional tax;
VAT Symbols: The symbols detailing VAT status of the Lot details of
which are set out at the front of the auction catalogue.
2 Stanley Gibbons Baldwin’s Role as Agent
2.1 All sales undertaken by us either at auction or privately are
undertaken either as agent on behalf of the Seller or from time to time,
as principal if we are the owner of Lot. Please note that even if we are
acting as agent on behalf of the Seller rather than as principal, we may
have a financial interest in the Lot.
2.2 The contract for the sale of the Lot will be between you and
the Seller.
3 CATALOGUE DESCRIPTIONS
3.1 Statements by us in the catalogue or condition report, or
made orally or in writing elsewhere, regarding the authorship, origin,
date, age, size, medium, attribution, genuineness, provenance,
condition or estimated selling price of any Lot are merely statements
of opinion, and are not to be relied on as statements of definitive fact.
Catalogue and web illustrations are for guidance only, and should not
be relied on either to determine the tone or colour of any item. No lot
shall be rejected on the grounds of inaccurate reproduction. No Lot
illustrated in the catalogue and online shall be rejected on the grounds
of cancellation, centring, margins, perforation or other characteristics
apparent from the illustration. Estimates of the selling price should not
be relied on as a statement that this price is either the price at which
the Lot will sell or its value for any other purpose.
3.1.2 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 the
absence of such a reference does not imply that an item is free from
defects or restoration nor does a reference to particular defects imply
the absence of any others.
3.1.3 Other than as set out in clause 5.10, and in the absence of
fraud, neither the Seller nor we, nor any of our employees or agents,
are responsible for the correctness of any statement as to the
authorship, origin, date, age, attribution, genuineness, or provenance
of any Lot nor for any other errors of description or for any faults or
defects in any Lot. Every person interested should exercise and rely on
his own judgment as to such matters.
31.4 You are responsible for satisfying yourself as to the
condition of the goods and the matters referred to in the catalogue
description.
3.2 Examination of goods
3.3 You are strongly advised to examine personally any goods
in which you are interested, before the auction takes place. Condition
reports are usually available on request. We provide no guarantee to
you other than in relation to Forgeries, as set out in clause 5.10 of these
Terms and Conditions.
4 BIDDING
4.1 Registration before bidding
You must complete and sign a bid registration form before making a
bid at auction. Please be aware that we may require buyers who have
not purchased before from Stanley Gibbons Baldwin’s or any of our
associated companies to submit references prior to bidding. If you
have not bid successfully with Stanley Gibbons Baldwin’s in the past,
or you are registering with us for the first time, we reserve the right to
require a deposit of up to 50% of the amount you intend to spend. Such
deposit will be deducted from your invoice should you be successful.
If you are unsuccessful at auction, your deposit will be returned by the
same means it was paid to Stanley Gibbons Baldwin’s.
4.2 Bidding as Principal
When making a bid (whether such bids are made in person or by way
of telephone bids, commission or online or email bids), you will be
deemed to be acting as principal and will be accepting personal
liability, unless it has been agreed in writing, at the time of registration,
that you are acting as agent on behalf of a third party buyer acceptable
to us.
4.3 Bidding by Stanley Gibbons Baldwin’s
We reserve the right to bid on Lots on the Seller’s behalf up to the
amount of the Reserve (if any), which will never be above the low
estimate printed in the auction catalogue. Stanley Gibbons Baldwin’s
or it’s associated companies reserve the right to bid on and purchase
Lots as principal.
4.4 Bidding Increments
Bidding generally opens below the low estimate and advances in the
following order although the auctioneer may vary the bidding
increments during the course of the auction. The normal bidding
increments are:
Up to £100 by £5
£100 to £300 by £10
£300 to £600 £320-£350-£380-£400 etc.
£600 to £1,000 by £50
£1,000 to £3,000 by £100
£3,000 to £6,000 £3,200-£3,500-£3,800-£4,000 etc.
£6,000 to £10,000 by £500
£10,000 to £20,000 by £1,000
£20,000 and up Auctioneer’s discretion
4.5 Commission Bids
If you give us instructions to bid on your behalf, by using the form
provided in our catalogues or via our website, we shall use reasonable
endeavours to execute these accordingly, provided these instructions
are received not later than 24 hours before the auction. If we receive
commission bids on a particular Lot for identical amounts, and at
auction these bids are the highest bids for the Lot, it will be sold to the
person whose bid was received first. Commission bids are undertaken
subject to other commitments at the time of the sale, and the conduct
of the auction may be such that we are unable to bid as requested.
Since this is undertaken as a free service to prospective buyers on the
terms stated, we cannot accept liability for failure to make a liability
for failure to make a commission bid. You should therefore always
attend the auction personally if you wish to be certain of bidding.
4.6 Online Bidding
We offer internet services as a convenience to our clients. We will not
be responsible for errors or failures to execute bids placed on the
internet, including, without limitation, errors or failures caused by (i) a
loss of internet connection by either party for whatever reason;
4.6.1 a breakdown or problems with the online bidding software
and/or
4.6.2 a breakdown or problems with your internet connection,
computer or system. Execution of on-line internet bids on
www.sgbaldwins.com is a free service undertaken subject to other
commitments at the time of the auction and we do not accept liability
for failing to execute an online internet bid or for errors or omissions in
connection with this activity.
4.6.3 Third-Party Bidding Platforms
Stanley Gibbons Baldwin’s may occasionally offer bidding through
third-party platforms. These platforms charge a fee based on the total
amount spent, which will be passed on to the buyer.
For bidders using Easy Live that have not opted to use the flat fee
structure, a 3% charge on the hammer price will apply for successful
bids, with VAT added at the standard rate. Additionally, charges
outlined in clause 5 will apply.
For bidders using thesaleroom.com, a 5% charge on the hammer price
will be applied, with VAT added at the standard rate. Clause 5 charges
will also be applicable.
For bidders using liveauctioneers.com, a 5% charge on the hammer
price will be applied, with VAT added at the standard rate. Clause 5
charges will also be applicable.
4.7 Telephone Bids
If you make arrangements with us not less than 24 hours before the
sale, we shall use reasonable endeavours to contact you to enable you
to participate in bidding by telephone, but in no circumstances will we
be liable to either the Seller or you as a result of failure to do so. This
service is available only for lots with a lower estimate of £1000 or
above.
4.8 Video images
At some auctions there will be a video screen. Mistakes may occur in
its operation, and we cannot be liable to you regarding either the
correspondence of the image to the Lot being sold or the quality of the
image as a reproduction of the original.
4.9 The Auctioneer’s Discretion
The auctioneer has the right at his absolute discretion to refuse any
bid, to advance the bidding in such manner as he may decide, to
withdraw or divide any Lot, to combine any two or more Lots and, in
the case of error or dispute, to put an item up for bidding again.
4.10 Successful Bid
Subject to the auctioneer’s discretion, the striking of his hammer
marks the acceptance of the highest bid, provided always that such
bid is higher than the Reserve (where applicable), and the conclusion
of a contract for sale between you and the Seller.
4.11 Private Sale Agreements
If you enter into any private sale agreements for any Lot with the Seller
of an item that was offered in our auction within 60 days of the auction,
we, as exclusive agents of the Seller reserve the right to charge you the
applicable Buyer’s Premium in accordance with these Terms and
Conditions, and the Seller a commission in accordance with the terms
of the Seller’s agreement.
4.12 Return of a Lot
Once your bid has been accepted for a Lot then you are liable to pay
for that Lot in accordance with these Terms and Conditions. If there
are any problems with a Lot then you must notify us within 7 days of
receipt of the Lot, specifying the nature of the problem. We may then
request that the Lot is returned to us for inspection. Save as set out in
clause 5.10, the cancellation of the sale of any Lot and the refund of
the corresponding purchase price is entirely at our sole discretion. We
will not normally exercise that discretion if the Lot is not received by us
in the same condition that it was in at the auction date.
4.12.2 No lot may be returned on account of condition if the
condition was stated on a Certificate of Authenticity accompanying
the Lot or in our description.
5 AFTER THE AUCTION
5.1 Buyer’s Premium and other charges
In addition to the Hammer Price, you must pay us the Buyer’s Premium
at a rate of 20% of the final Hammer price of each lot and any VAT
applicable.
5.2 Value Added Tax
VAT is chargeable on the Buyer’s Premium at the standard rate
(currently 20%). Lots subject to 20% VAT on the Hammer Price are
indicated by the Symbol ∑ next to the Estimate in the auction
catalogue. Lots subject to 5% Import Tax on the Hammer Price for
buyers in the U.K. are indicated by the † symbol next to the Estimate in
the auction catalogue.
Investment gold is exempt from VAT, but if purchased at auction, a
Buyer’s Premium will be applied to the hammer price at a standard
rate of 20%, VAT will then be added to the Buyer’s Premium.
5.3 VAT Refunds
5.3.1 As we remain liable to account for VAT on all Lots unless
they have been exported outside the UK within 3 months of the date of
sale, you will generally be asked to deposit all amounts of VAT
invoiced. Credits will be made when proof of export is provided. If you
export the Lot yourself you must obtain customs documents from the
Administration Department for which a charge may be made.
5.3.2 If you export the Lot you must return the valid proof of
export certificate to us within such period and you have not already
accounted to us for the VAT, you will be liable to us for the full amount
of the VAT due on such Lot and we shall be entitled to invoice you for
this sum.
5.3.3 To apply for a refund of any VAT paid, the proof of export
certificate must be sent to our Administration Department clearly
marked ‘VAT Refund’ within 3 months of the date of sale. No payment
will be made where the total amount of VAT refundable is less than
£50.
5.3.4 All lots will be exported at the stated total hammer value
of your invoice. Stanley Gibbon’s Baldwin’s will not understate this
export value under any circumstances.
5.4 Payment
5.4.1 You must provide us with your full name and permanent
address and, if so requested, details of the bank from which any
payments to us will be made. You must pay the full amount due
(comprising the Hammer Price, the Buyer’s Premium and any
applicable VAT) within seven days after the date of the sale or such
longer period as shall be agreed in writing between Stanley Gibbon’s
Baldwin’s and the purchaser prior to the auction (the onus for
arrangements lies with the prospective purchaser). We reserve the
right to charge interest at 15% for late payments.
5.4.2 You will not acquire title to the Lot until all amounts due
have been paid in full. This includes instances where special
arrangements were made for release of Lot prior to full settlement.
5.4.3 Payment should be made in sterling by one of the
following methods:
(i) Direct bank transfer to our account details of which are set
out on the invoice. All bank charges shall be met by you. Please ensure
that your client number is noted on the transfer.
(ii) Please note we do not accept payment via cheque. Any
cheques received will be returned to you or destroyed and will not be
presented to our bank.
(iii) By Visa or Mastercard. For all card payments there are
limits to the amounts we will accept depending on the type of card
being used and whether or not the cardholder is present. Payment can
be made via our website or by getting in touch with our customer
service or accounts team.
5.4.4 Payments should be made by the registered buyer and not
by third parties, unless it has been agreed at the time of registration
that you are acting as an agent on behalf of a third party.
5.4.5 If items are being submitted to an expertisation body,
payment should still be made in full per 5.4.1. If the item is deemed to
be a forgery and has due reason for return per section 5.10 the sale will
be cancelled and the amount refunded to you.
5.5 Collection of Purchases
5.5.2 Unless specifically agreed to the contrary, we shall retain
lots purchased until all amounts due to us, or to Stanley Gibbons
Baldwin’s Limited, have been paid in full. Buyers will be required to pay
for their lots when they wish to take possession of the same, which
must be within 7 days of the date of the sale, unless prior
arrangements have been made with Stanley Gibbon’s Baldwin’s.
5.5..2 Unless we notify you to the contrary, items retained by us
will be covered in accordance with our insurance policy which is
available for inspection at our offices from the date of sale for a period
of seven days or until the time of collection, whichever is sooner. After
seven days or from the time of collection, whichever is the earlier, the
Lot will be entirely at your risk.
5.6 Notification
Any Lot described in the catalogue as having faults or defects may not
be returned even if an expert opinion or Certificate of Authenticity cites
other faults or defects not included in the catalogue description, other
than in the case of a Forgery.
You are requested to contact us by telephone or in person as soon as
possible after the auction to obtain details of the outcome of your bids
to avoid incurring charges for late payment.
5.7 Packing and handling
5.7.1 Postage and packing will be charged unless the purchaser
indicates, prior to the Auction closing, that they will collect their lots.
Lots sent via Special Delivery are subject to VAT on the shipping
amount.
Invoice Value UK EU Non EU
Up to £1,000 £10 £15 £30
Up to £10,000 £15 £25 £40
Above £10,000 £20 £35 £60
Boxed lots going to the UK will be charged at cost plus £15 per box in
addition to the above charges to cover handling and administration.
5.7.2 It is the responsibility of the Buyer to be aware of any
Import Duties that may be incurred upon importation to the final
destination. Stanley Gibbon’s Baldwin’s will not accept return of any
package in order to avoid these duties. All items will be exported at the
total hammer value of your invoice. Stanley Gibbon’s Baldwin will not
understate this export value under any circumstances.
5.7.3 If the Buyer requires delivery of the Lot to an address other
than the invoice address he must notify Stanley Gibbon’s Baldwin’s in
writing.
5.8 Remedies for non-payment or failure to collect
purchases;
5.8.1 If you fail to make payment within seven days of your
stipulated payment date set out in your invoice, we shall be entitled to
exercise one or more of the following rights or remedies:
5.8.1.1 to charge interest compounded at the rate of 15% per
month, calculated on a daily basis, from the date the full amount is
due;
5.8.1.2 to set off against any amounts which Stanley Gibbons
Baldwin’s Limited may owe you in any other transaction the
outstanding amount remaining unpaid by you;
5.8.1.3 to reject at any future auction any bids made by you or on
your behalf or obtain a deposit from you before accepting any bids.
5.8.2 If you fail to make payment within thirty-five days, we shall
in addition be entitled:
5.8.2.1 to cancel the sale of the Lot or any other item sold to you
at the same or any other auction;
5.8.2.2 to arrange a resale of the Lot, publicly or privately, and, if
this results in a lower price being obtained, claim the balance from you
together with all reasonable costs including a 20% seller’s
commission, expenses, damages, legal fees, commissions and
premiums of whatever kind associated with both sales or otherwise,
incurred in connection with your failure to make payment;
5.8.2.3 take any other appropriate action as we deem fit.
5.8.3 If you fail to collect within 35 days after the sale, whether
or not payment has been made, you will be required to pay a storage
charge of £5 per item per day plus any additional handling cost that
may apply.
5.9 Right to Reject Lots
5.9.1 Any coin that is purchased in auction that has not been
encapsulated and is later sent for third party grading, may not be
returned for any other reason except for doubts of authenticity or
obvious misrepresentation of condition.
5.9.2 If you wish to obtain an expert opinion or Certificate of
Authenticity for any Lot (other than a Lot comprising three or more
stamps or a Lot containing undescribed stamps) you must notify us in
writing no less than forty-eight hours before the start of the first
session of the sale. If accepted by us, such a request shall have the
same effect as notice of an intention to question the genuineness or
description of the Lot for the purposes of clause 5.10 (Refund in the
case of Forgery) of these Terms and Conditions and the provisions of
clause 5.10 (Refund in the case of Forgery) shall apply accordingly.
5.9.3 Notice of a request for an expert opinion or Certificate of
Authenticity must give the reason why such opinion is required and
specify the identify of your proposed expert which will be subject to
agreement by us. We reserve the right, at our discretion, to refuse a
request for an expert opinion or Certificate of Authenticity including
(without limitation) where the proposed expert is not known to us.
5.9.4 If we accept a request for an expert opinion or Certificate
of Authenticity we will submit the Lot to the Expert committee. You
acknowledge and accept that the length of time taken by an Expert
committee to reach an opinion will vary depending on the
circumstances and in any event is beyond our control.
5.9.4 We will not accept a request for an extension on account
of condition. Any Lot described in the catalogue as having faults or
defects may not be returned even if an expert opinion or Certificate of
Authenticity cites these faults in a different manner, other than in the
case of a Forgery.
5.9.5 Should Baldwin's accept a request for an extension under
the foregoing provisions of this paragraph, the fact may be stated by
the Auctioneer from the rostrum prior to the sale of the Lot.
5.9.6 Where a lot has been submitted to expertisation the costs
of such expertisation shall be paid by the person (which term shall
include any company) who returns the certificate and item(s) to which
such certificates relates. The onus and cost of proving a lot to be not
genuine or incorrectly described is on the purchaser.
5.9.7 Where the purchaser of a lot discharges such onus of
proof and complies with the provisions of this clause Stanley Gibbons
Baldwin's shall set aside the sale and repay to the purchaser the Price
paid by him in respect of the lot.
5.9.8 It should be noted that any stamp accompanied by a
Certificate of Authenticity is sold on the basis of that Certificate only
and not on the basis of any other description or warranty as to
authenticity. No request for an extension will be accepted on such a
stamp and the return of such a stamp will not be accepted.
5.9.9 If you receive any correspondence from the Expert
Committee in relation to the Lot, including but not limited to a
Certificate of Authenticity, you must provide us with copies of such
correspondence no later than 7 days after you receive such
correspondence.
5.9.10 No lot shall be rejected if subsequent to the sale, it has
been damaged and/or marked or treated by any process whatsoever
unless Stanley Gibbon’s Baldwin's permission to subject the lot to
such marking or treatment has first been obtained in writing.
5.9.11 No lot illustrated in the sale catalogue or on the
sgbaldwins.com website shall be rejected on the ground of
characteristics apparent from its illustration. Whilst care has been
taken to show colour illustrations as accurately as possible,
reprographic and printing processes cannot always be guaranteed.
5.10.1 A sale will be cancelled, and the amount paid refunded to
you if a Lot (other than a miscellaneous item not described in the
catalogue) sold by us proves to have been a Forgery. We shall not
however be obliged to refund any amounts if either (a) the catalogue
description or saleroom notice at the auction date corresponded to
the generally accepted opinion of scholars or experts at that time, or
fairly indicated that there was a conflict of opinions, or (b) it can be
demonstrated that the Lot is a Forgery only by means of either a
scientific process not generally accepted for use until after
publication of the catalogue or a process which at the date of the
auction was unreasonably expensive or impracticable or likely to have
caused damage to the Lot. Furthermore, you should note that this
refund can be obtained only if the following conditions are met:
5.10.1 you must notify us in writing, within seven days of the
receipt of the Lot(s), that in your view the Lot concerned is a Forgery;
5.10.1.2 you must then return the item to us within fourteen days
from receipt of the Lot(s), in the same condition as at the auction date;
and;
5.10.1.3 as soon as possible following return of the Lot, you must
produce evidence satisfactory to us that the Lot is a Forgery and that
you are able to transfer good title to us, free from any third party
claims.
5.10.4 you must provide to us all evidence obtained by you that a Lot
is a Forgery no later than 7 days after you receive such evidence.
5.10.2 In no circumstances shall we be required to pay you any
more than the amount paid by you for the Lot concerned and you shall
have no claim for interest.
5.10.3 The benefit of this guarantee is not capable of being
transferred and is solely for the benefit of the person to whom the
original invoice was made out by us in respect of the Lot when sold and
who, since the sale, has remained the owner of the Lot without
disposing of any interest in it to any third party.
5.10.4 We shall be entitled to reply on any scientific or other
process to establish that the Lot is not a Forgery, whether or not such
process was used or in use at the date of the auction.
6 LIABILITY
Nothing in these Terms and Conditions limits or excludes our liability
for:
6.1 death or Personal injury resulting from negligence;
6.2 or any damage or liability incurred by you as a result of our
fraud or fraudulent misrepresentation.