AUGUSTUS JOHN.

BARBARA KIRK AUCTIONS. CONDITIONS OF SALE & TERMS OF BUSINESS FOR ONLINE AUCTIONS.All online bidders & buyers will be subject to the Conditions & Terms below. Barbara Kirk represents 'Barbara Kirk Auctions' & in these Conditions is called 'the Auctioneer'.

GENERAL CONDITIONS…

 1. The Auctioneer is only agent for the seller. The parties to the contract of sale are the Seller & the Buyer.

2. The online auction catalogue is issued on the basis that the Auctioneer's Conditions of Sale & Terms of Business are accepted by any Buyer bidding at the Auctioneer’s online auctions. 

4. All statements expressed orally or in print is the opinion of the Auctioneer only. The Auctioneer cannot accept responsibility for the authenticity, attribution, genuineness, date or condition of any lot to be taken as fact or warranty unless the lot is supported by written certification by the Seller. 

CONDITIONS FOR ONLINE BIDDERS & BUYERS…

1.  By registering to bid live online with the-saleroom.com the bidder enters a lawfully binding contract to pay for & collect any purchase. All defaulting bidders are reported to the-saleroom.com for investigation, which may result in being banned from bidding. We block & leave feedback for all defaulting buyers.

2.  The Buyers pays the hammer price plus a buyer's premium of 15% of the hammer price as the Auctioneers commission. The commission is subject to 20% VAT.  Lots purchased via the-saleroom.com live auction & ‘Autobid’ services will be subject to an additional 4.95% plus VAT commission charge by the-saleroom.com for their services. This charge is added to the Buyers invoice on their behalf.

3.  New registrants unknown to us may be temporarily declined whilst we contact them for assurances. New registrants with no purchase record may be required to register their payment card details with the Auctioneer before their bids will be accepted. These details are stored securely, deleted after every auction & will not be used without the consent of the buyer.  

 4.  The highest bidder shall be the buyer of any lot. If a dispute arises as to the buyer of a lot, the Auctioneer has absolute right to settle the dispute or re-offer the lot. Live bidding in the Auctioneer’s saleroom takes precedence over online bidding. Where the same amount is left as a commission bid with the Auctioneer or as an ‘Autobid’, the bid placed first will take precedence. 

5.   Each lot or combined lots will be sold by the Auctioneer with any faults or imperfections & errors of description. The absence of condition faults in a lot description does not imply the lot is perfect.

6.  All lots are sold as previously owned/used & may have faults inherent from age, use or the manufacturing process.  The Auctioneer makes every effort to ensure the description of every lot is accurate. Measurements or weights may be approximate & images should not be relied on for colour accuracy or condition, all are for information & guidance only.

7.  Ample opportunity is given to Buyers to request a condition report or obtain further information, additional images or other information before bidding or placing an ‘Autobid’ .It is the bidder's responsibility to satisfy themselves by telephone or e-mail from the Auctioneer or the Auctioneers representative as to the accuracy of description & condition of any lot before placing an online bid.

8.  Any Buyers who do not obtain a condition report before bidding & are recorded by the Auctioneer as not having requested a condition report will not be considered as eligible for a refund due to buyer disappointment upon receipt of any purchase.

9.  The Auctioneer has sole & absolute discretion to refuse any bid, to choose how to regulate or advance the bidding, to cancel a sale or withdraw any lot without giving reason or notice. The condition & description of any lot may be subject to statements modifying or affecting a lot may made by the Auctioneer from the rostrum, prior to offering the lot & accepting any bid. 

10. Title to all lots remains with the Seller or the Auctioneer as the Seller's agent until the buyer has made full payment. No lot can be removed or shipped from the auction until full payment is made.  The Auctioneer retains the sole discretion to re-sell any lot where a Buyer has failed to pay for any lot.   

11.  Bidders are asked not to telephone the saleroom to complain of any loss of Internet connection, audio etc. during an auction as it may be beyond the control of the auctioneer.

12. Artists Re-Sale Rights (ARR) may be payable for paintings & other works of art by the Buyer, who in bidding accepts the levy that will be charged in accordance with the terms of the Act if & when it is applicable.

RESCISSION…

Notwithstanding any other terms of these Conditions, the Auctioneer must receive notice in writing within 14 days after the auction that in the Buyer's view the item is a deliberate forgery. The Buyer must return the item within 21 days of such notification in the same condition as sold. The burden of proof will be on the Buyer to produce evidence & satisfy the Auctioneer that in the light of the description in the catalogue the lot is a deliberate forgery.  The sale of the lot may then be rescinded & the purchase price refunded, but only with the sellers agreement.  Shipping costs are only refundable at the Auctioneers discretion.

 BARBARA KIRK AUCTIONS.  Conditions of Sale & Terms of Business.  August 2022. Cancels all previous versions. E&OE