https://www.spink.com/media/23666/buyers.pdf

These conditions set out the terms on which we (Spink and Son Limited of 69 Southampton Row, Bloomsbury London WC1B 4ET (company no. 04369748)) contract
with you (Buyer) either as agent on behalf of the Seller or as principal if we are the Seller. You should read these conditions carefully.
January/16
1 DEFINITIONS
The following definitions apply in these conditions:
Auctioneers’ Margin Scheme means a VAT margin scheme as defined by HM Revenue & Customs;
Buyer’s Premium means the charge payable by you as a percentage of the Hammer Price, at the rates set out in clause 5.1 below;
Certificate of Authenticity means a certificate issued by an Expert Committee confirming the authenticity of a Lot;
Expert Committee means a committee of experts to whom a Lot may be sent for an extension in accordance with clause 3.4.3;
Forgery means 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 (including re-enamelling);
Hammer Price means the amount of the highest bid accepted by the auctioneer in relation to a Lot;
Lot means 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 means the owner of the Lot being sold by us;
Spink Group Spink and Son Limited, our subsidiaries and associated companies.
VAT value added tax chargeable under VAT and any similar replacement or additional tax; and
VAT Symbols means the symbols detailing the VAT status of the Lot details of which are set out at the back of the catalogue.
2 SPINK’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 the 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 BEFORE THE SALE
3.1 Examination of goods
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 5.13 of these Terms
and Conditions.
3.2 Catalogue descriptions
3.2.1 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.
3.2.2 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.
3.2.3 Other than as set out in clause 5.13, 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.
3.3 Your Responsibility
You are responsible for satisfying yourself as to the condition of the
goods and the matters referred to in the catalogue description.
3.4 Extensions – Stamps only
3.4.1 If you wish to obtain an expert opinion or Certificate of
Authenticity on any Lot (other than a mixed Lot or Lot containing
undescribed stamps) you must notify us in writing not less than
forty-eight hours before the time fixed for the commencement of
the first session of the sale. If accepted by us, such 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
5.13 (Refund in the case of Forgery) of these Terms and
Conditions and the provisions of clause 5.13 (Refund in the case of
Forgery) shall apply accordingly.
3.4.2 Notice of a request for an expert opinion or Certificate of
Authenticity must give the reason why such opinion is required and
specify the identity 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.
3.4.3 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.
3.4.4 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 other faults or defects not included in the
catalogue description, other than in the case of a Forgery.
3.4.5 Should Spink 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.
3.4.6 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.
3.4.7 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.
4 AT THE SALE
4.1 Refusal of admission
Our sales usually take place on our own premises or premises over
which we have control for the sale, and we have the right, exercisable
at our complete discretion, to refuse admission to the premises or
attendance at an auction.
4.2 Registration before bidding
You must complete and sign a registration form and provide
identification before making a bid at auction. Please be aware that we
usually require buyers to undergo a credit check.
If you have not bid successfully with Spink 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 Spink.
Some lots may be designated, prior to the auction, as “Premium Lots”,
which means a deposit may be required before placing a bid on the
item for sale. Information will be posted on our website in such an
event.
4.3 Bidding as Principal
When making a bid (whether such bids are made in person or by
way of telephone bids operated by Spink, 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.
4.4 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 do so, 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 commission bid. You
should therefore always attend personally if you wish to be certain of
bidding.
January/16
4.5 On-line 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; (ii) a
breakdown or problems with the online bidding software and/or (iii)
a breakdown or problems with your internet connection, computer or
system. Execution of on-line internet bids on www.spink.com and
Spink Live 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. Buyers who acquire lots on the-saleroom.com will
have a fee of 3% on the hammer price added to their invoice for using
this facility.
4.6 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.
4.7 Currency Converter
At some auctions, a currency converter will be operated, based on the
one month forward rates of exchange quoted to us by Barclays Bank
Plc or any other appropriate rate determined by us, at opening on the
date of the auction. Bidding will take place in a currency determined by
us, which is usually sterling for auctions held in London. The currency
converter is not always reliable, and errors may occur beyond our
control either in the accuracy of the Lot number displayed on the
converter, or the foreign currency equivalent of sterling bids. We shall
not be liable to you for any loss suffered as a result of you following the
currency converter.
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 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 £20,000 by £500
£20,000 and up Auctioneer’s discretion
4.10 Bidding by Spink
4.10.1 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.
4.10.2 The Spink Group reserves the right to bid on and purchase
Lots as principal.
4.11 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.
4.12 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.
4.13 After Sale Arrangements
If you enter into any private sale agreements for any Lot with the Seller
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.
4.14 Return of Lot
4.14.1 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 5.13, 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.
4.14.2 No lot may be returned on account of condition if the
condition was stated by a third party grading company (including,
but not limited to PCGS, NGC, ANACS, ICG, PMG, WBG).
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, a fee
of 3% on the hammer price total for using the-saleroom.com and a fee
for paying by card.
5.2 Value Added Tax
Other than in respect of Zero-rated Lots (o) VAT is chargeable on the
Hammer price and the Buyer’s premium of daggered (†) and (Ω) lots
at the standard rate (currently 20%), and on lots marked (x) at the
reduced rate (currently 5% on the Hammer price and 20% on the
Buyer’s premium). VAT on Margin scheme lots (identified by the
absence of any VAT symbol next to the lot number) is payable at 20%
on the Buyer’s premium only.
5.3 VAT Refunds
General
5.3.1 As we remain liable to account for VAT on all Lots unless they
have been exported outside the EU within 3 months of the date of
sale, you will generally be asked to deposit all amounts of VAT
invoiced. However, if a Spink nominated shipper is instructed, then
any refundable VAT will not be collected. In all other cases credits
will be made when proof of export is provided. If you export the
Lot yourself you must obtain shipping documents from the
Shipping Department for which a charge of £50 will be made.
5.3.2 If you export the Lot you must return the valid proof of export
certificate to us within 3 months of the date of sale. If you fail to
return the 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 Shipping 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
and Spink will charge £50 for each refund processed.
VAT Refunds - Buyers from within the EU
5.3.4 VAT refunds are available on the Hammer Price and Buyer’s
Premium of Daggered (†) and Investment Gold (g) Lots. You must
certify that you are registered for VAT in another EU country and
that the Lot is to be removed from the United Kingdom within 3
months of the date of sale.
5.3.5 Where an EU buyer purchases a Lot on which import VAT has
been charged, no refund of VAT is available from us. It may be
possible to apply directly for a refund on form VAT 65 to
HM Revenue & Customs Overeseas Repayment Section,
Londonderry.
VAT Refunds – Buyers from outside the EU
5.3.6 Where a Lot is included within the Auctioneers’ Margin Scheme
and evidence of export from the EU is produced within 3 months
of the date of sale, the VAT on Buyer’s Premium may be refunded.
5.3.7 Where the Lot is marked as a Daggered (†) or Investment Gold
(g) Lot the VAT charged on the Hammer Price may be refunded
where evidence of export from the EU is produced within 3
months of the date of sale. A refund of VAT charged on the Buyer’s
Premium can also be made on receipt of proof of business as a
collectibles dealer.
5.3.8 Where the Lot is marked as an Omega (Ω) Lot or an Import
VAT (x) Lot and evidence of export from the EU is produced
within 3 months of the date of sale, the VAT charged on both the
Hammer Price and Buyer’s Premium may be refunded. Where
required, we can advise you on how to export such Lots as a specific
form of export evidence is required. Where we advise you on the
export of the Lots, please be aware that the ultimate responsibility
in respect of obtaining a valid proof of export certificate will lie with
you and we will not be responsible for your failure to obtain such
certificate.
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. This applies even if you
wish to export the Lot and an export licence is (or may be)
required.
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:
II(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.
i(ii) By cheque or bank draft made payable to Spink and Son Ltd
and sent to Spink at 69 Southampton Row, Bloomsbury,
London WC1B 4ET. Please note that the processing charges
for payments made by cheques or bank drafts drawn on a
non-U.K bank shall be met by you. Please ensure that the
remittance slip printed at the bottom of the invoice is
enclosed with your payment.
(iii) By Visa, Mastercard or American Express. Payments made by
American Express are subject to a 4% fee. Payments by all
other credit cards and debit cards issued by overseas banks
are subject to a fee of 2%. 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.
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.
5.5 Invoices
Invoices may consist of one or more pages and will show: Zero rated
Lots (o); no symbol Lots sold under the Auctioneers’ Margin Scheme;
Lots marked (g) special scheme Investment Gold; Daggered Lots (†),
imported Lots marked (x) and (Ω), (e) Lots with Zero rated hammer
for EU VAT registered buyers.
5.6 Collection of Purchases
5.6.1 Unless specifically agreed to the contrary, we shall retain lots
purchased until all amounts due to us, or to the Spink Group, 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 Spink. Without prior agreement, lots will not be released
until cleared funds are received with regard to payments made by
cheque.
5.6.2 Unless we notify you to the contrary, items retained by us will
be covered in accordance with our 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.
5.6.3 Our policy will not cover and we are unable to accept
responsibility for damage caused by woodworm, changes in
atmospheric conditions or acts of terrorism.
5.7 Notification
We are not able to notify successful bidders by telephone. While
Invoices are sent out by mail after the auction we do not accept
responsibility for notifying you of the result of your bid. 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.
5.8 Packing and handling
5.8.1 We shall use all reasonable endeavours to take care when
handling and packing a purchased Lot but remind you that after
seven days or from the time of collection, whichever is sooner, the
Lot is entirely at your risk. Our postage charges are set out at the
back of the catalogue.
5.8.2 It is the responsibility of the Buyer to be aware of any Import
Duties that may be incurred upon importation to the final
destination. Spink will not accept return of any package in order to
avoid these duties. The onus is also on the Buyer to be aware of any
Customs import restrictions that prohibit the importation of
certain collectibles. Spink will not accept return of the Lot(s) under
these circumstances. Spink will not accept responsibility for Lot(s)
seized or destroyed by Customs.
5.8.3 If the Buyer requires delivery of the Lot to an address other than
the invoice address this will be carried out at the discretion of
Spink.
5.9 Recommended packers and shippers
If required our shipping department may arrange shipment as your
agent. Although we may suggest carriers if specifically requested, our
suggestions are made on the basis of our general experience of such
parties in the past and we are not responsible to any person to whom
we have made a recommendation for the acts or omissions of the third
parties concerned.
5.10 Remedies for non-payment or failure to collect purchases
5.10.1 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:
5.10.1.1 to charge interest at the rate of 2% per month compound
interest, calculated on a daily basis, from the date the full
amount is due;
5.10.1.2 to set off against any amounts which the Spink Group may
owe you in any other transaction the outstanding amount
remaining unpaid by you;
5.10.1.3 we may keep hold of all or some of your Lots or other
property in the possession of the Spink Group until you have
paid all the amounts you owe us or the Spink Group, even if the
unpaid amounts do not relate to those Lots or other property.
Following fourteen days’ notice to you of the amount
outstanding and remaining unpaid, the Spink Group shall have
the right to arrange the sale of such Lots or other property. We
shall apply the proceeds in discharge of the amount outstanding
to us or the Spink Group, and pay any balance to you;
5.10.1.4 where several amounts are owed by you to the Spink
Group in respect of different transactions, to apply any amount
paid to discharge any amount owed in respect of any particular
transaction, whether or not you so direct;
5.10.1.5 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.
5.10.2 If you fail to make payment within thirty-five days, we shall in
addition be entitled:
5.10.2.1 to cancel the sale of the Lot or any other item sold to you
at the same or any other auction;
5.10.2.2 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;
5.10.2.3 when reselling the Lot, place a notice in our catalogue
stating that you successfully purchased the Lot at auction but
have subsequently failed to pay the Hammer Price of the Lot; or
5.10.2.4 take any other appropriate action as we deem fit.
5.10.3 If you fail to collect within fourteen days after the sale, whether
or not payment has been made, you will be required
5.10.3.1 to pay a storage charge of £2 per item per day plus any
additional handling cost that may apply.
5.10.3.2 you will not be entitled to collect the Lot until all
outstanding charges are met, together with payment of all other
amounts due to us.
5.11 Uses of default information
If you fail to make payment for a Lot in accordance with these Terms and
Conditions:
5.11.1 We reserve the right to refuse you the right to make bids for any
future auction irrespective of whether previous defaults have
been settled; and
5.11.2 You consent to us disclosing details of such default to other
auctioneers and live bidding platforms, which will include your
name, address, nature of the default and the date of the default.
Auctioneers or live bidding platforms who receive details of the default
may rely on such information when deciding whether to enter into a
transaction with you in the future.
5.12 Export Licence
5.12.1 If required we can, at our discretion, advise you on the detailed
provisions of the export licensing regulations. Where we advise you
in relation to export licensing regulations the ultimate responsibility
in respect of any export will lie with you and we will not be
responsible for your failure to apply for any necessary licences.
5.12.2 If the Lot is going to be hand carried by you, you may be
required to produce a valid export licence to us or sign a waiver
document stating that a licence will be applied for.
5.12.3 You should always check whether an export licence is required
before exporting. Export licences are usually obtained within two
or three weeks but delays can occur.
5.12.4 Unless otherwise agreed by us in writing, the fact that you wish
to apply for an export licence does not affect your obligation to
make payment within seven days nor our right to charge interest on
late payment.
5.12.5 If you request that we apply for an export licence on your
behalf, we shall be entitled to recover from you our disbursements
and out of pocket expenses in relation to such application, together
with any relevant VAT.
5.12.6 We will not be obliged to rescind a sale nor to refund any
interest or other expenses incurred by you where payment is made
by you despite the fact that an export licence is required.
5.13 Refund in the case of Forgery
5.13.1 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:
5.13.1.1 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;
5.13.1.2 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
5.13.1.3 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.
5.13.1.4 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.
5.13.2 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.
5.13.3 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.
5.13.4 We shall be entitled to rely 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; or
6.2 any damage or liability incurred by you as a result of our fraud or
fraudulent misrepresentation.
January/16
January/16
7 USE OF YOUR PERSONAL INFORMATION
7.1 We will use the personal information you provide to us to:
7.1.1 process the bids you make on Lots (whether successful or
otherwise) and other auction related services we provide;
7.1.2 process your payment relating to a successful purchase of a Lot;
7.1.3 arrange for delivery of any Lot you purchase, which will include
passing your details to shipping providers and, on overseas
deliveries, to customs where they make enquiries regarding the Lot;
7.1.4 inform you about similar products or services that we provide,
but you may stop receiving these at any time by contacting us.
7.2 In accordance with clause 4.2, you agree that we may pass your
information to credit reference agencies and that they may keep a record
of any search that they do.
7.3 In accordance with clause 5.11, you agree that where you default on
making payment for a Lot in accordance with these terms and conditions
we may disclose details of such default to other auctioneers and live
bidding platforms.
7.4 We are also working closely with third parties (including, for example,
other auctioneers and live bidding platforms) and may receive
information about you from them.
8 COPYRIGHT
8.1 We shall have the right (on a non-exclusive basis) to photograph, video
or otherwise produce an image of the Lot. All rights in such an image
will belong to us, and we shall have the right to use it in whatever way
we see fit.
8.2 The copyright in all images, illustrations and written material relating
to a Lot is and shall remain at all times our property and we shall have
the right to use it in whatever way we see fit. You shall not use or allow
anyone else to use such images, illustrations or written material without
our prior written consent.
9 VAT
You shall give us all relevant information about your VAT status and that of
the Lot to ensure that the correct information is printed in the catalogues.
Once printed, the information cannot be changed. If we incur any unforeseen
cost or expense as a result of the information being incorrect, you will
reimburse to us on demand the full amount incurred.
10 NOTICES
All notices given under these Terms and Conditions may be served personally,
sent by 1st class post, or faxed to the address given to the sender by the other
party. Any notice sent by post will be deemed to have been received on the
second working day after posting or, if the addressee is overseas, on the fifth
working day after posting. Any notice sent by fax or served personally will be
deemed to be delivered on the first working day following despatch.
11 ADDITIONAL PROVISIONS
The following provisions of this clause 10 shall apply only if you are acting for
the purposes of your business.
11.1 Limitation of Liability
Subject to clause 6, we shall not be liable, whether in tort (including
for negligence) or breach of statutory duty, contract, misrepresentation
or otherwise for any:
11.1.1 loss of profits, loss of business, depletion of goodwill and/or
similar losses, loss of anticipated savings, loss of goods, loss of
contract, loss of use, loss of corruption of data or information; or
11.1.2 any special, indirect, consequential or pure economic loss,
costs, damages, charges or expenses.
11.2 Severability
If any part of these Terms and Condition is found by any court to be
invalid, illegal or unenforceable, that part may be discounted and the
rest of the conditions shall continue to be valid and enforceable to the
fullest extent permitted by law.
11.3 Force majeure
We shall have no liability to you if we are prevented from, or delayed
in performing, our obligations under these Terms and Conditions or
from carrying on our business by acts, events, omissions or accidents
beyond our reasonable control, including (without limitation) strikes,
lock-outs or other industrial disputes (whether involving our workforce
or the workforce of any other party), failure of a utility service or
transport network, act of God, war, riot, civil commotion, malicious
damage, compliance with any law or governmental order, rule,
regulation or direction, accident, breakdown of plant or machinery,
fire, flood, storm or default of suppliers or subcontractors.
11.4 Waiver
11.4.1 A waiver of any right under these Terms and Conditions is only
effective if it is in writing and it applies only to the circumstances
for which it is given. No failure or delay by a party in exercising any
right or remedy under these Terms and Conditions or by law shall
constitute a waiver of that (or any other) right or remedy, nor
preclude or restrict its further exercise. No single or partial exercise
of such right or remedy shall preclude or restrict the further exercise
of that (or any other) right or remedy.
11.4.2 Unless specifically provided otherwise, rights arising under
these Terms and Conditions are cumulative and do not exclude
rights provided by law.
11.5 Law and Jurisdiction
11.5.1 These Terms and Conditions and any dispute or claim arising
out of or in connection with them or their subject matter, shall be
governed by, and construed in accordance with, the law of England
and Wales.
11.5.2 The parties irrevocably agree that the courts of England and
Wales shall have exclusive jurisdiction to settle any dispute or
claim that arises out of, or in connection with, Terms and
Conditions or their subject matter.
Postal Charges
Prices for books
(items sent by this method are not covered by insurance)
Prices for all other items including postage and packaging
Shipments of more than 2kg or volumetric measurement of more than 2kg have to
be sent by courier. Certain countries may incur extra charge when courier services
are required by our insurance policy. For lots sent by courier please contact
Auctionteam@spink.com for calculation of any further relevant cost in addition to
the above charges.
Value Added Tax (VAT)
Charging of (VAT) at Auction
The information shown on this page sets out the way in which Spink intends to
account for VAT.
i. Auctioneers’ Margin Scheme
1. Where possible, we will offer Lots for sale under the Auctioneers’
Margin Scheme. Such Lots can be identified by the absence of any
VAT symbol next to the Lot number in the catalogue and will not be
subject to VAT on the Hammer Price.
2. Where Lots are sold using the Auctioneers’ Margin Scheme to UK
VAT–registered businesses, the VAT on Buyers’ Premium is not
recoverable as input tax. Upon request on sale day, we will issue
invoices that show VAT separately on both the Hammer Price and
the Buyer’s Premium. This will enable VAT-registered businesses to
recover the VAT charged as input tax, subject to the normal rules for
recovering input tax.
ii. Zero-Rated Lots
Limited Categories of goods, such as books, are Zero-rated (o) for VAT in
the United Kingdom. Such Lots are offered under the Auctioneers’ Margin
Scheme. In these circumstances no VAT will be added to the Buyer’s
premium.
iii. Daggered Lots
Lots which are Daggered (†) in the catalogue are subject to VAT at 20%
on both the Hammer Price and the Buyer’s Premium.
iv. Imported and Omega Lots
Lots which are marked (x) in the catalogue are subject to VAT at 5% on
the Hammer price plus 20% on the Buyer’s premium. Lots which bear the
Omega symbol (Ω) are subject to VAT at 20% on the Hammer Price and
on the Buyer’s Premium. This VAT is payable on items imported from
outside the EU. In these cases we have used a temporary importation
procedure, which in effect means that the point of importation is deferred
until the Lot has been sold. At this point the Buyer is treated as the
importer and is liable to pay the import VAT due. We will collect the VAT
from you and pay it to HM Customs and Excise on your behalf.
v. Investment Gold Lots
Lots marked (g) in the catalogue are exempt from VAT on the Hammer
Price and are subject to VAT at 20% on the Buyer’s Premium. A refund of
VAT charged on the Buyer’s Premium can also be made on receipt of proof
of business as a collectibles dealer outside of the EU.