Terms for Buyers & Conditions of Sales
1. All sales are conducted subject to Bentley’s Fine Antique and Fine Art Auctioneers Ltd. (hereafter “Bentley’s”) Terms for Buyers and Conditions of Sale which are printed in the sale catalogues, published on the website, and available at Saleroom.com when our auctions are published. The Buyer agrees to be bound by the Terms for Buyers and the Conditions of Sale, and acknowledges that the Seller is to be bound by the Terms for Sellers. If there is anything that you do not fully understand, our staff will be happy to help you.
2. DEFINITIONS “Buyer” means the person who makes the successful bid (as defined in clause 13.3) and also, where appropriate, any person making a bid (by whatever means, including live internet bidding, and whether present at the auction or not) or any visitor to the auction room intending to view the sale or bid. “Auctioneer” means Bentley’s or its authorised auctioneer.
3. AGENCY Bentley’s usually contract as agents for the Seller, therefore the Buyer’s primary contract is with the Seller. For reasons of confidentiality the identity of the seller is not normally disclosed.
4. BUYER’S PREMIUM A Buyer’s premium of 19% + VAT at the current rate is payable on the hammer price of each lot. For live internet bidding an additional premium will apply to buyers bidding through www.the-saleroom.com, and the buyer agrees to be bound by the terms of the provider.
5. RESERVES All bids shall be offers made upon the Terms for Buyers and Conditions of Sale. Certain lots in all sales may be subject to reserve prices.
6. BIDDER REGISTRATION AND IDENTIFICATION Anyone intending to bid is required, before the commencement of the sale, to supply their name and address and, if requested, their bank and other suitable references. Proof of identity such as a passport or photographic driving licence may be required. Bentley’s will then supply a bidding number which should be used when bidding. Lots will be invoiced to the name and address supplied on the registration form.
7. ESTIMATES Estimates are intended for guidance only. The lower estimate may represent the reserve price and will not be below it. Estimates do not include the Buyer's Premium or VAT. Estimates are prepared some time before the sale and may be altered before the sale. They are in no sense definitive and are subject to constant revision.
8. ARTIST’S RESALE RIGHT ("DROIT DE SUITE"). This levy is to be charged to the purchaser. In bidding, you accept that you will be charged in accordance with the terms of the Act. In some countries, including those in the EU, local laws entitle the artist or the artist’s estate to a royalty. Artist's resale rights is a levy payable to a qualifying artist or the artist's heirs each time a work is re-sold during the artist's lifetime and for a period up to 70 years following the artist's death. Royalties are calculated using a sliding scale of percentages of the sale, please check using link below. This levy is to be charged to the purchaser. In bidding, you accept that you will be charged in accordance with the terms of the Act. An artwork must sell for more than €1,000 to qualify for the levy. The law defines the price threshold in Euros and, because the exchange rate between the two currencies changes daily, the equivalent in Pounds Sterling is worked out according to the exchange rate on the date the artwork is sold. The threshold for the day will be announced at the beginning of the sale. The levy is 4% on up to 50,000 euros, 3% from 50,000-200,000 euros, 1% from 200,000-350,000 euros, 0.5% from 350,000-500,000 euros and 0.25% on a hammer price exceeding 500,000 euros. There is a cap of 12,500 euros payable on any one work. Please note: this scale is cumulative, which means that where the sale price is higher than the first threshold, the royalty on each portion of the price must be calculated accordingly and added together to arrive at the final sum. For example, take an artwork that sells for €210,000. The first €50,000 would achieve 4% (€2,000), the next 150,000 would achieve 3% (€4,500), and the final €10,000 would achieve 1% (€100). The total royalties due would be €6,600. VAT is not charged on ARR.
9. CATALOGUE DESCRIPTIONS AND CONDITION
9.1 All statements in catalogues, advertisements and brochures, and verbal statements made by Bentley’s, are statements of opinion only, and neither Bentley’s or the Seller accept any liability for the correctness of such opinions. This clause is subject to clause 11 concerning deliberate forgeries. Bentley’s reserve the right to amend, alter or change a catalogue description at any time up to the point of auction.
9.2 The catalogue descriptions (or any statements in advertisements and brochures) will not necessarily reveal damage, repairs or imperfections, therefore it is strongly recommended that the buyer should inspect the lot in person prior to bidding. The absence of any reference to condition in the lot description does not imply that the lot is in good condition or free from damage or in working order. The buyer is reminded that this is an auction, not a shop. In the vast majority of instances, the items sold are secondhand, whether they be antique, pre-owned or pre-used. Mechanical objects, in particular, may not be in original working order. All lots are sold as found whether or not they are described ‘as found’ or ‘A/F’ in the catalogue description. Please ask a member of Bentley’s staff if you would like help in moving a lot to examine it, or if you would like to examine a lot in daylight,
9.3 Electrical goods are not tested to ascertain if they are in working order. You are advised to have any electrical items checked over for compliance with safety regulations by a qualified electrician before use. No refund will be given if the lot is not in working order.
9.4 Precious metals. The weights and measures of platinum, gold, silver and other precious metals are approximate guides given from basic equipment. As all lots are sold as objects and not as ‘value-by-weight’ these are sufficient for the purpose of auction sale.
9.5 All dimensions and estimated weights of gemstones have been determined without unsetting the stones and are therefore only approximate because of limitations imposed by the mount. Estimated weights are normally calculated using basic equipment.
9.6 Paintings, drawings and sculpture. Any statement as to authorship, attribution, date, age, provenance and condition is a statement of opinion and is not to be taken as a statement or representation of fact.
A picture catalogued with the forename(s) and surname of the artist is in our opinion a work by that artist. These are the only works that carry our limited guarantee and may be returned within 14 days of the sale day if found not to be authentic. All other works are sold as seen and without any guarantee, but you should use the following glossary in conjunction with our catalogue description:
Surname only - with or without initials. A work which may or may not be by the artist.
Attributed to.... In our opinion probably a work by the artist but not guaranteed.
After....In our opinion a copy of a known work of the artist.
Circle of.....In our opinion a work of the period of the artist, which may or may not be by the artist.
Follower of.....In our opinion a work in the style of the artist, which may be of a later date.
Bears signature.....Has a signature/date/inscription which may be by the artist or may have been added at a later date.
Manner of......In our opinion a work in a style related to that of the artist, but of a later date.
Dimensions are given height before width, and are the size of the image, not the overall dimensions of the frame.
9.7 Artists Resale Rights - see clause 8.
9.8 By making a bid the Buyer acknowledges his or her satisfaction with the condition and contents of the lot. Neither Bentley’s or the Seller accept any responsibility for the condition of any Lot.
10. CONDITION REPORTS A buyer who is unable to attend the auction room prior to a sale to personally examine a lot may request a condition report by email. Bentley's will take reasonable measures to describe the condition of the Lot accurately, but no liability will be accepted for the correctness of that description. Any condition report will be subject to the disclaimers in clause 9. Bentley’s are not specialists in every field and a condition report prepared by us might not necessarily reveal every defect that a buyer might identify if inspecting the lot in person.
11.1 Notwithstanding clauses 9 and 10, any Lot which proves to be a deliberate forgery (as defined in clause 11.2) may be returned to Bentley’s by the Buyer within 14 days of the auction provided it is in the same condition as when bought, and is accompanied by particulars identifying it from the relevant catalogue description and a written statement of defects. If Bentley's is satisfied from the evidence presented that the Lot is a deliberate forgery, we shall refund the money paid by the Buyer for the Lot including any buyer's premium. But such refund will not be made and the Buyer shall have no rights under this condition if (1) the catalogue description reflected the accepted view of experts as at the date of the sale or (2) the Buyer is not able to transfer a good and marketable title to Bentley’s. The right of return provided by this condition is additional to any right or remedy provided by law or by these Terms for Buyers and Conditions of Sale.
11.2 "deliberate forgery" means an imitation made with the intention of deceiving as to authorship, origin, date, age, period, culture or source but which is unequivocally described in the catalogue as being the work of a particular creator and which at the date of the sale had a value materially less than it would have had if it had been in accordance with the description.
12. EXPORT The export of any lot from the UK or import into any other country may be subject to one or more export or import licences being granted. It is the responsibility of the Buyer to obtain any relevant export or import licence. The denial of any licence required or delay in obtaining such licence cannot justify the cancellation of the sale or any delay in making payment of the total amount due. Buyers intending to export goods should ascertain (a) whether an export licence is required and (b) whether there is any specific prohibition on importing goods of that character because, eg: they may contain prohibited materials such as ivory.
13. THE AUCTION PROCESS AND BIDDING INCREMENTS
13.1 The bidding increments will be regulated at the sole discretion of the Auctioneer. All bids shall be offers made upon the Terms for Buyers and Conditions of Sale. Only bids in whole pounds shall be accepted.
13.2 The auctioneer reserves the right to divide, consolidate, alter or withdraw any lot.
13.3 The maker of the highest bid accepted by the auctioneer conducting the sale shall be the buyer at the hammer price and any dispute about a bid shall be settled at the auctioneer's absolute discretion by reoffering the Lots during the course of the auction or otherwise.
13.4 Once made, no bid may be withdrawn.
13.5 In the case of lots where the seller has placed a reserve, the auctioneer shall have the right to bid on the behalf of the seller, the maker of the highest bid acceptable to the auctioneer to be the Buyer.
13.6 In the event of any dispute, the auctioneer’s decision shall be binding and final.
13.7 The Auctioneer reserves the right to accept or refuse any bid without supplying a reason.
13.8 Bidders shall be deemed to act as principals.
14 COMMISSION BIDS
14.1 For those unable to attend the sale, the facility exists to leave commission bids. Identification may be required of the bidder. Forms are available at the office or via email to Bentley’s. Written bids on these forms are preferred, but commission bids may be left by telephone at Bentley’s discretion and special conditions may apply if leaving bids on high value items.
14.2 The bidder should state the maximum he wishes to bid excluding buyer’s premium. “Buy” or “plus one” bids are not accepted, and bids must be made in whole pounds. Lots will be purchased as cheaply as possible, subject to reserves and any other bids. Bentley’s will take all reasonable measures to execute a commission bid, but these are accepted on the sole risk of those leaving the bids.
14.3 It is strongly recommended that a bidder inspects the Lot prior to bidding on it. By leaving a commission bid, the bidder acknowledges that they are wholly satisfied with the condition of the Lot. Attention is drawn to clauses 9 and 10.
14.4 Where two or more commission bids are received at the same amount, Bentley’s reserves the right to prefer the bid which was received first.
14.5 Any person making a commission bid agrees to be bound by the Terms for Buyers and Conditions of Sale. Commission bids left through www.the-saleroom.com or through any provider of live internet bidding will be bound also by the conditions of that provider.
15. TELEPHONE BIDS The facility of telephone bidding is offered on lots with a lower end estimate of £50 and over on a first come basis and is subject to telephone line availability. Any person making a telephone bid agrees to be bound by the Terms for Buyers and Conditions of Sale. Buyers wishing to bid by telephone are advised to book in a timely fashion to avoid disappointment. Special condition may apply if registering to bid on high value items.
16. PAYMENT AND COLLECTION
16.1 The Buyer is required to pay in full the purchase price plus premium and, if failing to do so, the remedies set out in Clause 19 shall apply. Legal title shall not pass to the Buyer of any lot until paid for in full in cleared funds, but each lot will immediately, on the fall of the hammer, be and remain in every respect at the risk of the Buyer.
16.2 Lot(s) must be paid for and collected on or before the Friday immediately following the sale, else storage charges shall apply (in addition to any charge provided for by Clause 19 of these Terms). The storage charges shall be at a rate depending on the size of the Lot(s) and shall not be less than £10 per week per Lot plus VAT at the prevailing rate.
16.3 Bentley’s accepts payment by Debit Card, Credit Card, BACS, Banker’s Draft, Cheque or Cash. Goods will not be released and title shall not pass to the buyer until the payment has cleared. Goods paid for by cheque will not be released until cleared funds are received. Please note we do not accept “card holder not present” payments over £1000 - please contact us to arrange an alternative method of payment.
16.4 To comply with current Money Laundering regulations, we will only accept payments in cash up to the equivalent of 10,000 Euros.
17. COLLECTION OF LOTS PURCHASED All lots are to be paid for in full before being removed from the saleroom, and to be checked out by a member of Bentley’s staff. If a Buyer is delegating collection of goods please email Bentley’s with the details of who is collecting on your behalf and advise them to bring photographic identification.
17.1 Bentley’s do not offer in-house packing, despatch and shipping. We suggest the following companies for packing and despatch: Mailbox Tunbridge Wells email: email@example.com , tel: 01892 510155. Jentel Packing email: firstname.lastname@example.org, tel: 01268 776777. Alban Shipping www.albanshipping.co.uk tel: 01582 492099.
18. SALES WITH LIVE INTERNET BIDDING If a sale offers the facility for live internet bidding through www.the-saleroom.com or through any other provider of such service, then the Buyer shall also be bound by the terms and conditions of that provider.
18.1 The Buyer authorises Bentley’s, if they so wish, to charge the debit or credit card given in full payment, including all fees, for items successfully purchased in the auction via the-saleroom.
18.2 Confirm that the Buyer is authorised to provide these debit or credit card details to Bentley’s and agree that Bentley’s are entitled to release the goods to the Buyer’s chosen carrier or to the Buyer.
19. REMEDIES FOR NON-PAYMENT OR FAILURE TO COLLECT PURCHASES
If any Lot is not paid for in full and taken away in accordance with these Terms for Buyers and Conditions of Sale, or if there is any other breach of these Conditions, Bentley’s as agent for the seller shall at its own absolute discretion and without prejudice to any other rights it may have, be entitled to exercise all or any of the following rights and remedies:-
(a) to proceed against the Buyer for damages for breach of contract;
(b) to rescind the sale of that Lot and/or any other Lots sold by us to the Buyer;
(c) to resell the Lot (by auction or private treaty) in which case the Buyer shall be responsible for any resulting deficiency in the total amount due (after crediting any part payment and adding any resale costs). Any surplus so arising shall belong to the seller;
(d) to remove, store and insure the Lot at the Buyer’s expense and, in the case of storage, either at our premises or elsewhere;
(e) to charge interest at a rate not exceeding 2% per month on the total amount due to the extent that it remains unpaid for more than three working days after either our live and on-line Auction or our Timed auction.
(f) to retain that or any other Lot sold to the Buyer until the Buyer pays the total amount due;
(g) to reject or ignore bids from the Buyer or his agent at future auctions or to impose conditions before any such bids shall be accepted.
(h) to apply any proceeds of sale of other Lots due or in future becoming due to the Buyer towards the settlement of the total amount due and to exercise a lien (that is a right to retain possession of) on any of your property in our possession until the debt due is satisfied. Bentley’s shall, as agent for the seller and on its own behalf pursue these rights and remedies only so far as is reasonable to make appropriate recovery in respect of breach of these conditions.
(i) goods that have been paid for in full but not cleared will be sold at the discretion of Bentley’s to cover any accrued storage charges once the accrued charges amount to the same as the total purchase price including premium and other charges.
20. AUCTION ROOM SAFETY AND LIMITATION OF LIABILITY All visitors to the premises are there at their own risk and visitors should familiarise themselves with the layout of the premises and take note of fire exits and health and safety signs. Bentley’s shall not incur liability for death or personal injury (except as required by law by reason or our negligence) or similarly for the safety of the property of persons visiting the premises. We shall have the right, at our discretion, to refuse admission to our premises or attendance at our auctions by any person.
21. FIREARMS A Lot which is a firearm as defined by the relevant legislation will not be released to the Buyer and title shall not pass to the Buyer until the Buyer produces the relevant Firearms Certificate.
22. WARRANTY OF TITLE The seller warrants to Bentley’s and to the Buyer that the seller is the true owner of the property consigned or is properly authorised by the true owner to consign it for sale and is able to transfer good and marketable title to the property free from any third party claims.
23. PRIVATE TREATY AND CONSUMER LEGISLATION Private treaty sales made under these Terms are deemed to be sales by auction for purposes of consumer legislation.
24. ENGLISH LAW APPLIES TO THE INTERPRETATION OF THESE TERMS FOR BUYERS AND CONDITIONS OF SALE
Registered in London: No. 03015077
VAT. Registered No: 683 4311 35
Terms For Sellers
1. All goods delivered to Bentley’s Antique & Fine Art Auctioneers Ltd (hereafter “Bentley’s”) will be deemed to be delivered for sale by Auction and will be sold at Bentley’s’ discretion subject to the Terms for Sellers and Terms for Buyers and Conditions of Sale. The Seller acknowledges that the Buyer is to be bound by the Terms for Buyers and Conditions of Sale. BUYER’S PREMIUM is chargeable, all such commission shall be entirely retained together with VAT by Bentley’s.
2. DEFINITION “Auctioneer” means Bentley’s or its authorised auctioneer.
3. WARRANTY OF TRUE OWNERSHIP AND INDEMNITIES BY SELLER
3.1 The Sellers warrants that they are the true owner of the goods consigned for sale, or are properly authorised by the true owner to consign the goods for sale, and that they are able to transfer good and marketable title to the property free from any third party claims. The Seller shall indemnify Bentley’s against any loss or expense caused by a breach of this clause.
3.2 The Seller acknowledges and agrees to indemnify Bentley’s for the return of any purchase money received in respect of any claims. Bentley’s, at their sole discretion shall refund the sale price if Bentley’s has received from the Buyer evidence that in his view the lot is misrepresented, either in form, attribution, or age at the point of sale. The sale of the lot will be rescinded and the purchase price of the same refunded. In the event of dispute then the matter shall be settled by independent qualified arbitration.
3.3 The Seller warrants that they have revealed all relevant information they possess about the items consigned for sale, including provenance, repairs and alteration. The Seller shall indemnify Bentley’s against any loss or expense caused by a breach of this clause.
4. IDENTITY AND PAYMENTS The seller shall provide proof of their identity and address. Payment is normally made by cheque and this shall be made only to the named seller and sent to their stated address. Payment to Sellers are normally issued 14 days after the sale. Payments to Sellers may be delayed if full payment has not been received from the Buyer.
5. AGENCY AND DEFAULT BY BUYER Bentley’s acts throughout as an agent only and is not responsible for any default by the Buyer. Bentley’s will not pay the Seller until they have received full settlement from the Buyer. The remedies which Bentley’s may at their discretion apply against a defaulting Buyer are set in Clause 19 of the Terms for Buyers and Conditions of Sale.
6. RIGHT TO REFUSE
6.1 Bentley’s reserve the right to refuse any lots unsuitable for sale at their absolute discretion. Lots not suitable for sale shall include (but not be limited to) items not conforming to the 1988 Fire Regulations. Other lots deemed unsuitable for sale shall include (but not limited to) those deemed low value by the auctioneer, or those deemed to have no antique, artistic or decorative merit. The Seller will be contacted by phone or email of any lots unsuitable for sale and the Seller will be requested to collect these items at the earliest opportunity. Uncollected items will be disposed of at Bentley’s discretion and a charge will be made to the Seller for this service based on the cost of disposing of such items in accordance with environmental and other relevant legislation. In particular, sale of electrical items is subject to special conditions.
6.2 Lots accepted for sale will be placed into the first available and appropriate sale at the discretion of Bentley’s. Due to constraints of floor space, it follows that Lots might not be necessarily entered into the first auction that follows the day on which the Lots are delivered to Bentley’s. Ordinarily, storage charges are not made under these circumstances.
6.3 Low value items or lots will not be entered into a subsequent sale if they do not sell at the first-attempt and following Bentley’s online timed auction hosted by Saleroom.com, and will be disposed if not collected by the Seller. Low value items falling within the terms of this clause will be identified as those having a lower end estimate of £50. The Seller’s attention is drawn to clause 9.4 regarding Furniture items.
6.5 Bentley’s reserve the right to amend, alter or change a Lot description supplied by the Seller.
6.6 Bentley’s reserve the right to amend, alter or change a Lot description at any time up to the point of auction.
6.7. The Seller’s attention is drawn to clause 12.1 concerning minimum reserves.
7. RESTRICTED ITEMS
7.1 There are strict laws concerning the possession, sale, import and export of certain items including (but not limited to) firearms, ivory, taxidermy and birds eggs. The cost of any additional research or investigation relating to the sale of restricted items and, where necessary, the obtaining of a relevant licence for sale, shall be borne by the Seller.
8. COMMISSION AND EXPENSES The Seller authorises Bentley’s to deduct commission and expenses at the stated rates from the hammer price.
8.1 The rate of commission on items entered for sale is 18.5% on the sale hammer price.
8.2 There is a £3.00 lottage fee on all unsold items.
8.3 A limited liability fee of 1.5% is charged on all sold lots. In the event of loss or damage to Seller’s item prior to auction, limited liability will be at the lower end of the estimate or reserve figure.
8.4 For goods consigned to Bentley’s that require collection a minimum collection of £20 shall apply. This is subject to variation depending on collection location.
8.5 If consigned items have been catalogued are withdrawn by the Seller prior to auction a charge of 25% of the reserve or lower estimate will be made to cover Bentley’s costs, with a minimum charge of £10.
8.6 These charges are all plus VAT at the current rate. These charges shall apply to Lots sold by private treaty after the auction (clause 12.2).
8.7 Bentley’s reserves the right to charge the Seller for any bank charges it may incur if it becomes necessary to reissue a cheque due to incorrect information supplied by the Seller (for instance and only used as a common example goods entered under a joint name when no joint bank account exists). The recovery of the bank charge will be deducted from the reissued cheque.
9. STORAGE AND STORAGE CHARGES
9.1 Bentley’s reserves the right to store or arrange for the storage of goods delivered to them for Sale either on their own premises or elsewhere at their sole discretion, subject to clause 6.2 of these Terms. Further, the Seller will be liable for storage charges if the Seller has provided insufficient instructions to enable us to offer the Lot(s) for sale, or if the Seller requests to withdraw a Lot(s) or to store any item.
9.2 Storage will be charged for any lots failing to sell and stored for collection by the Seller.
9.3 Storage is charged at a weekly rate of not less than £10 + VAT per week per Lot, with additional charges for large or special items.
9.4 If Bentley’s have not agreed to re-enter furniture items for sale in a subsequent auction the Seller must arrange collection and removal of furniture items up to a maximum of 7 days after the Seller has received the auction sale statement. It is the Seller’s responsibility to arrange collection of these items or item. Bentley’s will not be responsible for the return of Seller’s items and the Seller can contact Bentley's office who may be able to suggest carriers. The Seller’s attention is drawn to Clause 10 regarding storage charges and sale of goods.
10. BENTLEY’S’ LIEN AND RIGHT TO SELL Sellers will be charged for goods left on the premises if the seller has not removed then. If the goods are not removed within 7 days after receipt of the Seller’s auction statement and the Seller has not informed Bentley’s that the goods are going to be removed Bentley's reserve the right to sell the goods and use the sale proceeds to defray costs and storage charges of Seller’s items. The Seller can contact Bentley's office who may be able to suggest carriers .
11. INSURANCE All goods held for sale on Bentley’s premises and in our custody will be held insured against the risk of fire, burglary, water damage and loss, the value to be assessed by Bentley’s or their appointed assessors at Auction reserve price or the lower estimated price if no reserve has been agreed. Liability will not be accepted if the goods received have been insufficiently packed by the Seller.
12.1 All goods are put up for sale WITHOUT RESERVE unless instructions are received by Bentley’s prior to the commencement of the sale. The Auctioneer will reserve the right to 10% discretion of the agreed reserve. Bentley’s will not accept a reserve on Lots estimated below £50.
12.2 In the event of the reserve price not being attained at Auction, Bentley’s are empowered to sell after the Auction, by private treaty at the discretion of the Auctioneer, so long as the goods remain on Bentley’s premises. Such a sale by private treaty would be subject to the agreed reserve and the 10% discretion.
12.3 Where a Lot(s) is offered for auction in a sale with a reserve, and that lot(s) does not sell because the reserve price is not reached, it shall be at Bentley’s discretion to re-enter the Lot(s) in a subsequent sale at a reduced reserve.
12.4 If Bentley’s are given instructions by the Seller to sell a Lot at a certain reserve, and Bentley’s notifies the Seller in advance of the sale that they do not agree with that reserve, but at their sole discretion agrees to enter the lot into the sale at that reserve specified by the Seller, then in the event of that lot failing to sell because it had not reached its reserve price, a charge of 15% of the reserve price plus VAT at the current rate shall be made to the Seller.
12.5 The Seller may not bid on any lot which they are selling.
13. ARTIST’S RESALE RIGHTS (“droit de suite”) Royalties where necessary falls to the liability of the Buyer.
14. PHOTOGRAPHY AND ILLUSTRATION The Seller gives full and absolute rights to photograph any Lot consigned to Bentley’s for sale for the purpose of illustrating the auction catalogue, advertisements in newspapers and magazines, and Bentley’s’ website.
15. SALE RESULTS AND FUTURE MARKETING The seller authorises Bentley’s to publish results of sale of any lot consigned to Bentley’s for sale, and to use photographs and sale result of any lot in any future newspaper, magazine, or internet advertisement, on Bentley’s website, or in any Bentley's marketing material.
16. COMMISSION BIDS The seller agrees to Bentley’s accepting commission bids on behalf of any Buyer, subject to the terms and conditions imposed upon the Buyer in this respect.
17. CONSUMER PROTECTION ACT 1987 (ELECTRICAL APPLIANCES): To conform to this Act the Seller by entering electrical goods for sale by auction you assure us that they are safe to use and have been properly tested. Bentley’s will remove wiring from goods that have visibly out of date, frayed, split or damaged wiring or plug.
18. DIVULGENCE TO HMRC We will supply details, where requested by HMRC, regarding lots sold in excess of £25,000 under Schedule 23 to Finance Act 2011, or regarding any other enquiries they may make.
19. PRIVATE TREATY AND CONSUMER LEGISLATION Private treaty sales made under these Terms are deemed to be sales by auction for purposes of consumer legislation.
20. ENGLISH LAW APPLIES TO THE INTERPRETATION OF THESE TERMS FOR SELLERS
Registered in London: No. 03015077 VAT. Registered No: 683 4311 35
PRIVACY & SECURITY
Bentley’s is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
Bentley’s may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from May 2018 and has been updated in accordance with GDPR compliance processes.
What we collect
We may collect the following information:
- Contact information including email address
- Demographic information such as postcode, preferences and interests
- To obtain a copy of the information we hold about you, please email: email@example.com
We may also collect general user tracking information related to our website use using Google Analytics (see below). This information is collected and stored whenever a request is made for any page or image on our servers. This information can be analysed and presented in the aggregate or organised by user sessions.
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
- Internal record keeping.
- We may use the information to improve our services.
- We may periodically send promotional emails about our Auctions, specific lots or other information which we think you may find interesting using the email address which you have provided.
- From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, or mail. We may use the information to customise the website according to your interests.
- We may use general tracking information (generated by Google Analytics, see below) for analysis and reporting on site activity. For example, we may want to know how long the average user spends on our site, or which pages or features get the most attention. This information is used to analyse the success of our website, i.e. to gauge the popularity of one feature or offering over another, or on our ability to understand how people use our website. Tracking and aggregating usage information will allow us to develop this understanding.
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. NOTE This may prevent you from taking full advantage of the website as it will NOT work correctly.
Controlling your personal information
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you newsletters, information you may be interested in and notification of upcoming sales.
Online Payment and Live Bidding Security
PCI DSS (Payment Card Industry Data Security Standards) is the most rigorous standard in the payment industry today. PCI DSS standards are enforced by VISA, MasterCard and the banks and specify the technical aspects of a payment service as well as operational policies and procedures. Bentley’s are working with AIB, the-saleroom, to ensure that all these security obligations are being fulfilled and your data is as safe as can be.
How we keep our systems secure
We have security measures in place to protect the loss, misuse and alteration of the information under our control. These security measures include firewalls, data backup procedures and where appropriate, encryption and secure internet transactions. Despite these measures, "perfect security" on the internet does not exist.
Storage of your personal data
We will only keep your personal data for as long as we need to in order to fulfil the relevant purpose(s) it was collected, as set out above in this Notice, and for as long as we are required to keep it for legal purposes. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this policy.
Data Subjects' rights
Data protection laws provide data subjects with the following rights, (subject to certain exemptions and conditions in some cases) to:
- request access to their personal information (commonly known as a “data subject access request”). This enables them to receive a copy of the personal information we hold about them and to check that we are lawfully processing it;
- request correction of the personal information that we hold about them. This enables them to have any incomplete or inaccurate information we hold about them corrected;
- request erasure of their personal information. This enables them to ask us to delete or remove personal information where there is no good reason for us continuing to process it. Data subjects also have the right to ask us to delete or remove their personal information where they have exercised their right to object to processing (see below);
- request the restriction of processing of their personal information. This enables them to ask us to suspend the processing of personal information about them, for example if they want us to establish its accuracy or the reason for processing it;
- request a copy of their personal information which they have provided to us, in a structured, commonly used and machine-readable format and the right to transfer it, or to require us to transfer it directly, to another controller; and
- complain to the supervisory authority, which in the United Kingdom is the Information Commissioner’s Office.
Data subjects also have the right to object to the processing of their personal information where we are relying on a legitimate interest (or those of a third party) and there is something about their particular situation which makes them want to object to processing on this ground. They also have the right to object where we are processing their personal information for direct marketing purposes.
Data subjects will not have to pay a fee to access their personal information (or to exercise any of the other rights above). However, we may charge a reasonable fee if their request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
We may need to request specific information from the data subject to help us confirm their identity and ensure their right to access the information (or to exercise any of their other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.
If you have any queries, comments or requests regarding this Policy, or you would like to exercise any of your rights as a data subject set out above, you can contact our Data Protection Officer in the following ways:
- by email to firstname.lastname@example.org
- by telephone at 01580 715857; or
- by post to Data Protection Officer, Bentley’s Fine Art Auctioneers Ltd, The Old Granary, Waterloo Road, Cranbrook, Kent TN17 3JQ