Information For Buyers
This auction is available to bid online only at www.vertuatroseberys.co.uk or www.roseberys.co.uk
Please contact us if we can be of any assistance.
Terms And Conditions For Sellers
These terms apply to Rosebery Fine Art Ltd trading as Roseberys and Vertu Fine Art Ltd trading as Vertu at Roseberys. Vertu Fine Art Ltd is a subsidiary company of Rosebery Fine Art Ltd. Where reference is made to Roseberys it incorporates Vertu at Roseberys and the same conditions apply to both companies.
- Interpretation. In these Terms the words ‘you’, ‘yours’, etc. refer to the Seller and if the consignment of goods to us is made by an agent we assume that the Seller has authorised the consignment and that the consignor has the Seller’s authority to contract. Similarly the words ‘we’, ‘us’, etc. refer to the Auctioneers.
- Commission and Entry Fee.
(a) Entry Fee: This charge is applied to items consigned to Roseberys. A charge of £20 is made to each lot sold in addition to vendor’s commission. This charge covers our specialist research, catalogue description, website illustration, marketing on our website and other third party sites as well as live or timed bidding on various internet platforms.
(b) Vendors Commission:
(i) Roseberys: Is charged on each lot at 15%. There is no minimum charge.
(ii) Vertu at Roseberys: Is charged on each lot at 15%. There is a minimum charge of £10 per lot.
- Removal Costs. Items for sale must be consigned to the sale room by any stated deadline and at your expense. We may be able to assist you with this process but any liability incurred to a carrier for haulage charges is solely your responsibility.
- Loss and Damage of Goods.
(a) Roseberys is not authorised by the FSA to provide insurance to its clients, and does not so do. However Roseberys, for its own protection, assumes liability for property consigned to it at the lower pre-sale estimate until title passes to the buyer. To justify accepting liability, Roseberys makes a charge of 1.75% of the hammer price plus VAT. The liability assumed by Roseberys shall be limited to the lower pre-sale estimate or to the reserve if the lot was unsold. Settlement in any claim arising shall be subject to commission as if the lot had sold in the normal manner.
(b) If the owner of goods consigned instructs us in writing not to take such action, the goods then remain entirely at the owner’s risk unless and until the property in them passes to the Buyer or they are collected by or on behalf of the owner, and clause 4(a) is inapplicable.
(c) Roseberys will not be liable for the loss or damage to frames or glass covering prints, paintings or other works. Old frames are often fragile or subject to deterioration and whilst Roseberys will do their upmost to ensure the safety and care of frames and glass we will not compensate for loss or damage to property caused by changes in humidity or temperature, normal wear and tear, gradual deterioration, inherent defect or errors in processing.
- Catalogue Illustration Fee. The cost of any illustrations is borne by you. Lots may be illustrated in a catalogue and thus a charge of between £20-60 per illustration is applicable, dependent on size. For example a quarter page illustration £20, half page £40, three quarter/full page £60. The copyright in respect of such illustrations shall be the property of the auctioneers, as is the text of the catalogue; any persons to be found to have reproduced such illustrations or text without prior written approval will be deemed as being in breach of copyright law and appropriate legal action may be taken.
- Minimum Bids and our Discretion. Goods will normally be offered subject to a reserve agreed between us before the sale in accordance with clause 7. We may sell Lots below the reserve provided we account to you for the same sale proceeds that you would have received had the reserve been the hammer price. If you specifically give us a “discretion” we may accept a bid of up to approximately 15% below the low estimate and “wide discretion” allows to use accept a bid of up to approximately 30% below the low estimate.
(a) Prior to the auction you are entitled to place a reserve on any lot consigned, being the minimum hammer price at which that lot may be sold. Reserves must be reasonable and we may decline to offer goods which in our opinion would be subject to an unreasonably high reserve. If we are unable to offer goods they may be subject to storage charges if uncollected.
(b) A reserve once set cannot be changed except with our consent, and confirmed by you in writing.
(c) Where a reserve has been placed only we may bid on your behalf and only up to the reserve (if any) and you may in no circumstances bid personally.
- Electrical Items. These are subject to detailed statutory safety controls. Where such items are accepted for sale you accept responsibility for the cost of testing by external contractors. Goods not certified as safe by an electrician (unless antiques) will not be accepted for sale. They must be removed at your expense on your being notified. We reserve the right to dispose of unsafe goods as refuse, at your expense.
- Soft Furnishings. The sale of soft furnishings is strictly regulated by statute law in the interests of fire safety. Goods found to infringe safety regulations will not be offered and must be removed at your expense. We reserve the right to dispose of unsafe goods as refuse, at your expense.
The rights of disposal referred to in clause 8 and 9 are subject to the provisions of The Torts (Interference with Goods) Act 1977, Schedule 1, a copy of which is available for inspection on request
- Descriptions. Please assist us with accurate information as to the provenance etc. of goods where this is relevant. There is strict liability for the accuracy of descriptions under modern consumer legislation and in some circumstances responsibility lies with sellers if inaccuracies occur. We will assume that you have approved the catalogue description of your lots unless informed to the contrary. Where we are obliged to return the price to the buyer when the lot is a deliberate forgery under Condition 15 of the Conditions of Sale and we have accounted to you for the proceeds of sale you agree to reimburse us the sale proceeds. The liability to reimburse the sale proceeds shall not arise where you are acting reasonably and honestly and are unaware of the forgery or where we are or ought to have been aware of it.
- Unsold Items.
Roseberys: All unsold lots will be automatically re-offered in an online only auction that will take place within one week of the original sale date.
The estimate and reserve of the lot will remain the same. Should the lot remain unsold it will then be automatically re-offered into the next appropriate live or online auction with the low estimate reduced by 40% of the original estimate. If the revised estimate is £200 or below it will be re-offered without reserve. Please note lots originally consigned to Roseberys will incur Roseberys charges even if they are re-offered and sold in an online auction.
Vertu at Roseberys: All unsold lots will automatically be re-offered into the next appropriate auction with the low estimate reduced by 40% of the original estimate and if the revised estimate is £200 or below it will be offered without reserve.
If Roseberys advises the vendor that it does not wish to re-enter a lot on their behalf or the vendor advises that they do not wish to have a lot re-entered for sale, the vendor shall collect or have the lot collected within five days of the auction ending, failing which they shall be responsible for storage charges of £2 per lot per day in addition to any other charges to which they are liable. All requests must be received in writing. If a lot remains uncollected two months after the date of the auction, Roseberys shall have the right to sell the lot at auction without reserve and to deduct form the ‘hammer price’ any sum owing to Roseberys as well as expenses arising from all auctions in which the lot has been included, plus storage and loss and damage warranty charges.
- Withdrawn Items.
(a) If an item is withdrawn prior to the publication of the catalogue a minimum charge of £20 + VAT per lot is applicable. This fee covers administration, handling, storage and loss & damage of the lot whilst in our care.
(b) If an item is withdrawn after the online or offline publication of the lots they will incur charges where applicable comprising the sum of the vendor’s commission, the entry fee, the illustration cost, the loss and damage warranty, the buyer’s premium, the marketing fees and other expenses in relation to the item. VAT is applicable on all charges. These commission and premium charges will be calculated upon Roseberys published mid estimate.
(c) In the cases of 12 (a) and (b) Roseberys will store the withdrawn item for a period of five days with no charge, after this a storage charge will be applicable at a daily rate of £2 per item per day plus VAT for items that remain uncollected.
- Conditions of Sale. You agree that all goods will be sold according to our Conditions of Sale. In particular you undertake that you have the right to sell the goods either as owner or agent for the owner. You undertake to compensate us and any buyer or third party for all losses liabilities
and expenses incurred in respect of and as a result of any breach of this undertaking.
- Authority to Deduct Commission and Expenses and Retain Premium and Interest.
(a) You authorise us to deduct commission from the hammer price at the stated rate plus all applicable expenses incurred on your account and consent to our right to retain beneficially the premium paid by the buyer in accordance with our Conditions of Sale and any interest earned on the sale proceeds until the date of settlement.
(b) You authorise us at our discretion to negotiate a sale by private treaty not later than five working days from the date of the auction in the case of lots unsold at auction, in which case the same charges will be payable as if such lots had been sold at auction and so far as appropriate these Terms apply.
- Warehousing. We disclaim all liability for goods delivered to our saleroom without sufficient written sale instructions, client contact details or without our prior written agreement to take delivery and reserve the right to either refuse to receive such goods or to make a minimum warehousing charge of £2 per item per day. Unsold lots are subject to the same charges if you do not remove them within a reasonable time of notification. If not removed within twenty one days we reserve the right to sell them and defray charges from any net proceeds of sale or at your expense to consign them to the local authority for disposal.
- Settlement. Settlement of the net sum due to you normally takes place 28 days after the sale (by crossed cheque or bank transfer to the seller) unless the buyer has not paid for the goods. In this case no settlement will then be made but we will take your instructions in the light of our Conditions of Sale. You authorise any sums owed by you to us on other transactions to be deducted from the sale proceeds. You must note the liability to reimburse the proceeds of sale to us as under the circumstances provided for in Condition 10 above. You should therefore bear this potential liability in mind before parting with the proceeds of sale until the expiry of 28 days from the date of sale.
Conditions Of Sale
Rosebery Fine Art Ltd trading as Roseberys carries on business with bidders, buyers and all those present in the auction room and those bidding online prior to or in connection with a sale on the following General Conditions and on such other terms, conditions and notices as may be referred to herein.
Vertu Fine Art Ltd trading as Vertu at Roseberys is a subsidiary company of Rosebery Fine Art Ltd. Where reference is made to Roseberys it incorporates Vertu at Roseberys and the same conditions apply to both companies.
In these Conditions:
(a) “auctioneer” means the firm of Rosebery Fine Art Ltd or its authorised auctioneer, as appropriate;
(b) “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;
(c) “hammer price” means the level of bidding reached (at or above any reserve) when the auctioneer brings down the hammer;
(d) “terms of consignment” means the stipulated terms and rates of commission on which Rosebery Fine Art Ltd accepts instructions from sellers or their agents;
(e) “total amount due” means the hammer price in respect of the lot sold together with any premium, Value Added Tax chargeable and any additional charges payable by a defaulting buyer under these Conditions;
(f) “sale proceeds” means the net amount due to the seller, being the hammer price of the lot sold less commission at the stated rate, Value Added Tax chargeable and any other amounts due to us by the seller in whatever capacity and however arising;
(g) “You”, “Your”, etc. refer to the buyer as identified in Condition 2.
(h) The singular includes the plural and vice versa as appropriate.
- Bidding Procedures and Conduct of the Auction.
(a) Bidders are required to register their particulars before bidding and to satisfy any security arrangements before entering the auction room to view or bid. Any bidder who refuses to provide the requested identification may be refused permission to bid.
(b) The auctioneer has discretion at any time to refuse any bid, withdraw any lot, re-offer a lot for sale (including after the fall of the hammer) if they believes there may be error or dispute, and take such action as they reasonably thinks fit.
(c) Subject to condition 2(b) the contract between the buyer and seller is concluded on the striking of the auctioneers hammer whereupon the buyer becomes liable to pay the purchase price.
(d) Any post auction sales of lots offered at auction shall incorporate these conditions as if sold in the auction.
(e) Our right to bid on behalf of the seller is expressly reserved up to the amount of any reserve and the right to refuse any bid is also reserved.
- Increments. Bidding increments shall be at the auctioneer’s sole discretion.
- The Purchase Price. The buyer shall pay the hammer price together with a premium thereon of 23%. The premium is subject to VAT at the standard rate. (27.6% inclusive of VAT)
- Value Added Tax. Value Added Tax on the hammer price is imposed by law on all items affixed with an asterisk or double asterisk. Value Added Tax is charged at the appropriate rate prevailing by law at the date of sale and is payable by buyers of relevant Lots. (Please refer to “Information for Buyers” for a brief explanation of the VAT position).
(1) Immediately a Lot is sold you will:
(a) give to us, if requested, proof of identity, and
(b) pay to us the total amount due in cash, debit, credit card or bank transfer or in such other way as is agreed by us.
(2) Any payments by you to us may be applied by us towards any sums owing from you to us on any account whatever without regard to any directions of you or your agent, whether express or implied.
- Title and Collection of Purchases. The ownership of any Lots purchased shall not pass to you until you have made payment in full to us of the total amount due.
(a)(i) You shall at your own risk and expense take away any lots that you have purchased and paid for not later than 3 working days following the day of the auction in the case of furniture and rugs or 5 working days following the day of the auction in the case of all other items. Cheques are required to be cleared by our bank before collection of goods in which case storage charges may apply.
(ii) Roseberys are unable to pack, post or delivery any items purchased through public or online auction, a list of suggested companies is supplied upon issuing of invoices, upon request or on the company website/s. These are suggestions only and are not the recommendation of Roseberys or affiliated with Roseberys in anyway and as such Roseberys cannot be held responsible for the individual performance of these companies.
(b) No purchase can be claimed or removed until it has been paid for and payment has cleared.
(c) Invoices will not be split or title transferred to another person(s). Invoices must be paid in full before any lots can be removed.
(d) Purchased lots must be collected within the allocated time as stated in the Information for Buyers section 13, storage charges are applicable thereafter. Purchased lots are at the Buyer’s risk (and therefore their sole responsibility for insurance) from the earliest of the collection or the 21st calendar day after the auction. Until risk passes Roseberys will compensate the buyer for any loss or damage to the lot up to a maximum of the purchase price paid.
- Remedies for Non-Payment or Failure to Collect Purchases.
(1) If any Lot is not paid for in full and taken away in accordance with these
Conditions or if there is any other breach of these Conditions, we, as agent for the seller and on our own behalf, shall at our absolute discretion and without prejudice to any other rights we may have, be entitled to exercise one or more of the following rights and remedies:
(a) to proceed against you for damages for breach of contract;
(b) to rescind the sale of that Lot and/or any other Lots sold by us to you;
(c) to resell the Lot (by auction or private treaty) in which case you 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 your expense and, in the case of storage, either at our premises or elsewhere;
(e) to charge interest at a rate not exceeding 1.5% per month on the total amount due to the extent it remains unpaid for more than 3 working days after the sale;
(f) to retain that or any other Lot sold to you until you pay the total amount due;
(g) to reject or ignore bids from you or your 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 you towards the settlement of the total amount due and to exercise a lien (that is a right to retain possession of) any of your property in our possession for any purpose until the debt due is satisfied.
(2) We shall, as agent for the seller and on our own behalf pursue these rights and remedies only so far as is reasonable to make appropriate recovery in respect of breach of these conditions
- Third Party Liability. All members of the public on our premises are there at their own risk and must note the lay-out of the accommodation and security arrangements. Accordingly neither the auctioneer nor our employees or agents shall incur liability for death or personal injury (except as required by law by reason of our negligence) or similarly for the safety of the property of persons visiting prior to or at a sale.
- Commission, Telephone Bids and Live Online Bidding. Whilst prospective buyers are strongly advised to attend the auction and are always responsible for any decision to bid for a particular Lot and shall be assumed to have carefully inspected and satisfied themselves as to its condition we
will if so instructed clearly and in writing execute bids on their behalf.
(a) Lots will be purchased by the Auctioneer on behalf of the commission bidder for the lowest price allowed by other bids and/or reserves if any, up to and including their maximum bid amount recorded. The Auctioneers cannot accept responsibility for any neglect or default in executing or failing to execute commission bids whether through the auctioneer or through any online bidding software, or where a bidding slip has been completed incorrectly. We urge commission bidders, to ensure that the correct lot number(s) and price(s) are recorded on their bidding forms.
(b) Where two or more commission bids at the same level are recorded we reserve the right at our absolute discretion to prefer the first bid so made.
(c) Telephone Bids. Any person unable to attend the auction may request to bid on a specific lot by telephone. This facility is only available by prior arrangement with the Auctioneers and not available for online only auctions. The Auctioneers cannot accept responsibility for any neglect or default in executing or failing to execute telephone bids.
(d) Live Online bidding. (i) An online bidding service is offered via RoseberysLive, the-saleroom.com and liveauctioneers.com. In completing the bidder registration on these sites the buyer is agreeing to Roseberys conditions of sale. (ii) In the case where a debit or credit card has been used to register the buyer also agrees to authorise Roseberys, if they so wish, to charge the debit or credit card given in part or full payment, including all fees, for items successfully purchased in the auction via the online bidding platforms. (iii) Please note that any lots purchased via RoseberysLive, whether live bidding or commission bidding, will be subject to an additional 2% commission charge + VAT at the rate imposed on the hammer price. Any lots purchased via the-saleroom.com or liveauctioneers.com will be subject to an additional 3% commission charge + VAT at the rate imposed on the hammer price. (iv) Roseberys offers online bidding services as a convenience to its clients, but neither Roseberys nor the seller will be responsible to you for errors during or after the sale or failures to execute bids, either live bids or commission bids, placed on the internet or on your mobile device, including, without limitation, errors or failures caused by: (aa) any loss of connection to the auction being conducted online; (bb) a breakdown or problems with the online bidding software or the web site service provider; and/or (cc) a breakdown or problems with any internet connection, computer, mobile device or system. (v) By accessing RoseberysLive and using the software provided you are agreeing to the Website Terms and Conditions governing use of our websites. Please ensure you familiarise yourself with these prior to accessing our websites.
- Warranty of Title and Availability. The seller warrants to the auctioneer and you 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.
No representation or warranties are made by Roseberys or the seller as to whether any lots is subject to copyright or whether they buyer acquires copyright in any lot.
- Agency. The auctioneer normally acts as agent only and disclaims any responsibility for default by sellers or buyers.
- Terms of Sale. The seller acknowledges that Lots are sold subject to the stipulations of these Conditions in their entirety and on the Terms of Consignment as notified to the consignor at the time of the entry of the Lot.
- Description and Conditions.
(a) Whilst we seek to describe lots accurately, it may be impractical for us to carry out exhaustive due diligence on each lot. Prospective buyers are given ample opportunities to view and inspect before any sale and they (and any independent experts on their behalf) must satisfy themselves as to the accuracy of any description of a lot. Buyers are welcome to make an appointment to view any lots listed on an online only auction. Prospective buyers also bid on the understanding that, inevitably, representations or statements by us as to authorship, genuineness, origin, date, age, provenance, condition or estimated selling price involve matters of opinion. We undertake that any such opinion shall be honestly and reasonably held and accept liability for opinions given negligently or fraudulently. Subject to the foregoing neither we the auctioneer nor our employees or agents nor the seller accept liability for the correctness of such opinions and all conditions and warranties, whether relating to description, condition or quality of lots, express, implied or statutory, are hereby excluded. This Condition is subject to the next following Condition concerning deliberate forgeries and applies save as provided for in paragraph 6 “information to buyers”.
(b) Condition Reports. Reports on the condition of any lot are offered by the Auctioneers as a statement of opinion only, and not of fact. Rosebery Fine Art Ltd are not liable for any errors or omissions contained therein. The buyer must satisfy themselves to the condition of any given lot prior to bidding. Roseberys will not be held responsible for any damage or defect that has not been notified to the buyer. Catalogue illustrations are for guidance only and will not convey full information as to the actual condition of lots.
(c) Where the term (a/f) is used this refers to a lot being ‘as found’, it is used for guidance only and indicates in our opinion there is significant damage or repair to an item, the omission of this term does not indicate there is not significant damage or repair to an item and Roseberys are not liable for the omission of this term.
(d) Private treaty sales made on these premises under these Conditions are deemed to be sales by auction for the purposes of consumer legislation.
- Forgeries. Notwithstanding the preceding Condition, any Lot which proves to be a deliberate forgery (as defined) may be returned to us by you within 21 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. Roseberys may require the buyer to obtain at the buyer’s cost the reports of two independent and recognised experts in the field, mutually acceptable to Roseberys and the buyer. If we are satisfied from the evidence presented that the Lot is a deliberate forgery we shall refund the money paid by you for the Lot including any buyer’s premium provided that (1) if the catalogue description reflected the accepted view of scholars and experts as at the date of sale or (2) if you personally are not able to transfer a good and marketable title to us, you shall have no rights under this condition.
The right of return provided by this Condition is additional to any right or remedy provided by law or by these Conditions of Sale.
- Online Only Timed Auctions.
These following terms are applicable only to sales conducted online only and are to be used in addition to the conditions of sale.
(a) Right to Cancel (i) If you are a consumer resident in the European Union you have the right to cancel the contract for the purchase of a lot within 14 calendar days without giving any reason. (ii) The cancellation period will expire after 14 calendar days from the day on which you acquire (or a party nominated by you and is not the shipper) physical possession of the lot. (iii) To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear written statement (e.g. a letter sent by post, fax or email), or you may use the cancellation form which can be found on our website or by contacting a member of staff. The communication must be received within 14 calendars days from the day on which you acquire the lot. (iv) If you cancel the contract, we will reimburse all payments received from you. As Roseberys and Vertu at Roseberys are unable to provide a postage or packing service the cost of the initial delivery or collection is not returnable. In addition the cost of returning the item if you choose to cancel the contract is payable by you. (v) We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of damaged caused by unnecessary handling whilst in your possession. We will make the reimbursement without undue delay, and not later than (aa) 14 calendar days after the day we receive back from you any goods supplied, or (bb) (if earlier) 14 calendar days after the day you provide evidence that you have returned the goods. (vi) We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is earliest.
(b) Liability Roseberys nor the seller will be responsible to you for errors during or after the online only timed auction or failures to execute bids placed on the internet or on your mobile device, including, without limitation, errors or failures caused by: (i) any loss of connection to the auction being conducted online; (ii) a breakdown or problems with the online bidding software or the website service provider; and/or (iii) a breakdown or problems with any internet connection, computer, mobile device or system.
- We shall have the right at our discretion, to refuse admission to our premises or attendance at our auctions by any person.
- Where a member of the public causes damage to a lot (or part thereof) the Auctioneers reserve the right to:
(a) sell the aforementioned without reserve and to hold that specific individual liable for the amount of any difference between the hammer price and the reserve or low estimate;
(b) hold that specific individual liable for the cost of restoration where appropriate;
(c) hold that specific individual liable for the full amount of the reserve price or lower estimate as applicable.
- (a) any right to compensation for losses liabilities and expenses incurred in respect of and as a result of any breach of these Conditions and any exclusions provided by them shall be available to the seller and/or the auctioneer as appropriate.
(b) Such rights and exclusions shall extend to and be deemed to be for the benefit of employees and agents of the seller and/or the auctioneer who may themselves enforce them.
- Any notice to any buyer, seller, bidder or viewer may be given by first class mail or email if provided in which case it shall be deemed to have been received by the addressee 48 hours after posting.
- Special terms may be used in catalogue descriptions of particular classes of items in which case the descriptions must be interpreted in accordance with any glossary appearing at the commencement of the catalogue.
- Any indulgence extended to bidders buyers or sellers by us notwithstanding the strict terms of these Conditions or of the Terms of Consignment shall affect the position at the relevant time only and in respect of that particular concession only; in all other respects these Conditions shall be construed as having full force and effect.
- English law applies to the interpretation of these Conditions.
These terms and conditions are based upon recommended conditions of sale by SOFAA (the Society of Fine Art Auctioneers) and RICS (the Royal Institute of Chartered Surveyors)