Terms & Conditions

1. The auctioneer meets possible consumers at two points.  Firstly, the seller is a consumer of the auctioneers services.  Secondly, buyers, though not primarily contracting with the auctioneer, who is merely an agent for the seller, nevertheless normally contract on standard conditions laid down by the auctioneer as agent.  Some of these conditions create a direct contract between buyer and auctioneer.

2. These conditions of business are taken from the model provided by the RICS by consultation with the Office of Fair Trading.  It is designed to reflect the law at the start of the new millennium and provide what protection is reasonable for the seller, the auctioneer and the buyer in respect of the duties and liabilities arising from the numerous transactions which take place throughout England and Wales.  The authors had in mind general and specialised sales of chattels, including fine art.

3. The two primary documents are the “Terms of consignment for sellers”, and the “Conditions of sale”.

It is of course essential that buyers and sellers are bound by the relevant conditions.

1. Introduction. The following informative notes are intended to assist buyers, particularly those inexperienced or new to our salerooms.  All sales are conducted on our printed ‘Conditions of sale’, which are readily available and printed in our auction catalogues.  Our staff will be happy to help you if there is anything you do not fully understand.
   
   
2. Agency. As auctioneers we usually contract as agents for the seller, whose identity, for reasons of confidentiality, is not normally disclosed.  Accordingly, if you buy your primary contract is with the seller.
   
   
3. Estimates. Estimates are designed to help buyers gauge what sort of sum might be involved for the purchase of a particular lot.  The lower estimate may represent a reserve price and certainly will not be below it. Estimates do not include buyer’s premium or VAT (where chargeable).  Estimates are prepared some time before the sale and may be altered by announcement before the sale.  They are in no sense definitive and are subject to constant revision.
   
   
4. Buyer’s premium. The ‘Conditions of sale’ oblige buyers to pay a buyer’s premium at 20% (+VAT) on the hammer price of each lot purchased, or a minimum of £3 +vat per lot.  In the case of lots purchased online via www.the-saleroom.com, this will be charged at 25% (+VAT) on the hammer price. Lots purchased online via www.easyliveauction.com will either attract an extra 3% surcharge OR a single £3 registration payment, chosen by you at the point of registration. In addition, VAT is payable on this premium. All lots are sold using the auctioneers’ margin scheme and it should be noted that the VAT charged on the premium is not recoverable as input tax.
   
   
5. Condition and description of lots. We are primarily agents for the seller.  We are dependent on information provided by the seller and whilst we may inspect lots and act reasonably in taking a general view about them we are normally unable to carry out a detailed or any examination of lots in order to ascertain their condition in the way in which it would be wise for a buyer to do.  Intending buyers have ample opportunity for inspection of goods and therefore accept responsibility for inspecting and investigating lots in which they may be interested. Please note carefully the exclusion of liability for the condition of lots contained in the ‘Conditions of sale’.  Neither the seller nor we, as the auctioneers, accept any responsibility for their condition.  In particular, mechanical objects of any age are not guaranteed to be in working order.  Additionally, in specified circumstances lots mis-described because they are ‘deliberate forgeries’ may be returned and repayment made.  There is a 14 day time limit from the date of the sale, not date of collection or receipt.  The expression ‘deliberate forgery’ is defined in our ‘Conditions of sale’.
   
   
6. Electrical goods.  Items are not tested for safety.  You are advised to have any electrical items checked over for compliance with safety regulations by a qualified electrician before use.
   
   
7. Export of goods.  Buyers intending to export goods should ascertain (a) whether an export license is required and (b) whether there is any specific prohibition on importing goods of that character because e.g. They may contain prohibited materials such as ivory.  Please ask us if you need help.
   
   
8. Bidding in person. Bidders are required to register before the sale commences and lots will be invoiced to the name and address on the registration form.
   
   
9. Absentee bidding. Commission bids may be left with the auctioneers indicating the maximum amount to be bid excluding buyer’s premium.  They will be executed as cheaply as possible having regard to the reserve (if any) and competing bids. If two buyers submit identical bids, the auctioneer may prefer the first bid received.  If there are genuine reasons why you are unable to leave a commission bid and you wish to bid by telephone then we will, if there are sufficient staff and telephone lines available, arrange to call you to participate in the bidding. There are inherent dangers with this practice, therefore all arrangements shall be entirely at the bidder’s risk.  Absentee bid instructions must be received by telephone or email at least one hour prior to the sale.
   
   
10. Live internet bidding. In completing the bidder registration on www.burstowandhewett.co.uk OR www.the-saleroom.com OR www.easyliveauction.com and providing your credit card details, and unless alternative arrangements are agreed with Burstow & Hewett, you
    
    (i)authorise Burstow & Hewett, if they so wish, to charge the credit card given in part or full payment, including all fees, for items successfully purchased in the sale via www.burstowandhewett.co.uk OR www.the-saleroom.com OR www.easyliveauction.com, and
    
    (ii)confirm that you are authorised to provide these credit card details to Burstow & Hewett through www.the-saleroom.com OR www.easyliveauction.com
    
    
11. Methods of payment. Accounts are due for settlement on saleday.
    
    The following methods of payment are acceptable.  There are no exceptions to this policy.  To avoid undue embarrassment for yourself or our staff, please do not ask for preferential treatment. First-time buyers who cannot attend to pay in person (chip-and-pin), must be able to pay by bank transfer.  We will not accept credit/debit card payments by telephone (cardholder not present) from first time buyers.
    
    I. Cash.  Single payments up to £10,000 only.
    
    II. Debit card. No limit.
    
    III. Bank draft & building society cheque. No limit
    
    IV. Bank transfer. Payments to Burstow & Hewett Clients Account
    
    Sort: 51-70-12, Account No: 01151622, Natwest Bank, 9 Devonshire Road, Bexhill-on-Sea, East Sussex.
12. All Lots must be paid for in full within THREE (3) DAYS of the Sale. Removal of purchased Lots shall be at the Buyer’s sole risk and expense, and all Lots must be collected within SEVEN (7) CALENDAR DAYS of the Sale. 
    
    
13. Collection and storage. Goods can be collected as soon as they are paid for and within 7 calendar days of the sale. If goods remain with us and we have no contrary written advice of your intentions the items will be moved to storage. Any Lot not collected within SEVEN (7) CALENDAR DAYS of the Sale shall, unless otherwise agreed in writing, be subject to storage charges. Such charges shall accrue from the eighth (8th) day at a rate of £3 per day per lot for small items and £5 per day per lot for furniture and large items, and shall remain payable until the Lot is removed in full.
14. Late payment penalties. An account remaining outstanding after 14 days will have a £20 + vat administration charge applied.  We require payment to terms.  Payment must be made on time, in full, and without any deduction, set-off or counterclaim. If you do not have the funds in place to settle the account, you are advised not to bid. In the event that an account is outstanding after 30 days, we will refer the matter to a debt collecting agent, which will incur a surcharge of 20% of the debt plus vat.  You agree that you will be legally liable to pay us that surcharge, and the payment of the same can be enforced against you in court.
15. 26. Anti-Money Laundering Compliance

     

    In accordance with the requirements of the Money Laundering Regulations 2017 (as amended), we are legally obliged to conduct customer due diligence on all transactions involving high-value chattels with a total value of €10,000 (or equivalent) or more. These requirements apply equally to both Buyers and Sellers.

    Where the purchase price of any Lot(s) meets or exceeds this threshold, the Buyer must, upon request, provide satisfactory proof of identity and address prior to the release or collection of the Lot(s). Failure to comply with these requirements may result in a delay in completion of the transaction and/or the cancellation of the sale.

1. Agreement and authority

These terms and the signed Entry Form form our agreement. “We” means Burstow & Hewett Auctioneers; “you” means the vendor or authorised agent. You appoint us to sell the goods as your agent. Changes to agreed instructions must be confirmed in writing.

2. Ownership

You confirm that you own the goods or have authority to sell them, can pass good title, and have disclosed any finance, charges, ownership dispute or third-party claim. We may request evidence of ownership or authority.

3. Information and descriptions

Tell us all material facts known to you about age, provenance, authenticity, damage, repairs, restoration, treatments, replacements, alterations and safety. Supply relevant documents and disclose adverse opinions. We catalogue with reasonable care and skill.
4. General valuers and expertise We are general auctioneers and valuers, not specialists in every field. Attributions and estimates are opinions based on information reasonably available at the time, not guarantees. We do not undertake exhaustive testing or specialist authentication unless agreed. Later discoveries, expert opinions or market changes may affect value. We are not responsible for losses not caused by a failure to exercise reasonable care and skill. Independent specialist advice can be arranged with prior agreement at your expense.

5. Commission

Seller’s commission is 20% of the hammer price, INCLUDING VAT. Minimum TOTAL commission is £12 INCLUDING VAT per statement containing sold lots (not an extra fee). Unsold-only statements have no minimum commission. There is NO bought-in fee.

6. Delivery and expenses

You normally deliver goods to the specified saleroom at your expense. Collection or removal by our staff, if agreed, costs at least £30 + VAT (£36 including VAT). Other optional expenses require your prior agreement, except reasonable urgent costs to safeguard goods or comply with law.

7. Reserves and estimates

The minimum acceptable reserve is £100. Reserves must be agreed in writing; otherwise goods may sell WITHOUT RESERVE, including below estimate. A firm reserve will not be reduced without consent. We may accept up to 10% below a reserve only where you expressly authorise “discretion” in writing. Estimates are not guarantees.

8. Sale arrangements

We decide suitable lotting, sale date, descriptions, estimates and advertising; we may photograph goods and use online bidding platforms. We may refuse or withdraw unsuitable, unsafe or legally restricted items. We retain the disclosed buyer’s premium and online buyer fees. Do not bid on your own goods. Where goods remain unsold following auction, you authorise us to negotiate and conclude a private treaty sale without further consent, subject to any agreed reserve and discretion under clause 7. Our normal seller's commission and applicable charges apply. This authority ends once the goods are withdrawn or returned to you.

9. Withdrawal

If you withdraw goods after preparation has begun, we may recover reasonable, evidenced work costs and legally recoverable losses caused by withdrawal, taking steps to minimise them. No fixed percentage withdrawal charge applies. Statutory cancellation rights remain unaffected.

10. Unsold goods

We may offer to re-enter unsold goods in a later sale, but will not automatically lower a reserve or re-offer indefinitely without your agreement. Otherwise, collect within 14 days of our written notice.

11. Collection and storage

Collect unsold or withdrawn goods within 14 days of written notice that they are ready. Thereafter storage is £2.40 INCLUDING VAT per small lot per day, or £6 INCLUDING VAT per furniture/large lot per day. Other uncollected items may incur the same charges after appropriate notice.

12. Uncollected property

If goods remain uncollected we may, after the legally required notices and procedures, sell or otherwise deal with them as permitted by law. We will account for any sale proceeds where legally required. Collection and storage obligations continue until lawful disposal.

13. Settlement

We normally account and pay by bank transfer within 21 days after the auction, subject to receiving the buyer’s cleared funds. We may deduct commission, agreed charges and sums legally owed. We will explain material delays and may withhold affected proceeds during a genuine dispute or legal check.

14. Clients’ money

Sale proceeds received on behalf of vendors are held in our designated NatWest client bank account pending settlement. Net proceeds are remitted in accordance with clause 13 after receipt of cleared funds and deduction of the agreed charges.

15. Non-payment and disputes

If a buyer fails to pay, we may pursue payment, cancel or re-offer the lot; payment to you is not guaranteed. A sale may be reversed where legally justified. We may seek repayment of proceeds already remitted if that sale is validly rescinded, subject to our own legal duties.

16. Your responsibility

You must reimburse reasonable, evidenced losses directly caused by your breach of ownership assurances or knowingly/negligently misleading information, including lawful buyer refunds. We remain responsible for our own negligence and for providing our services with reasonable care and skill.

17. Insurance and care

While in our custody, we arrange insurance for fire, theft following forcible entry and water damage, subject to cover limits/exclusions; accidental breakage and other accidental damage are NOT covered by this insurance. The reserve, or lower estimate if unreserved, is a reference value, NOT a guaranteed payout. Our legal liability for negligence is unaffected.

18. Safety and restricted goods

Tell us about unsafe electrical goods, upholstered furniture, ivory, protected species material, weapons or other restricted items. You must provide required permits, exemptions and safety information. We may refuse or withdraw items if selling them would be unsafe or unlawful. “Sold as seen” does not remove statutory duties.

19. Tax, identity and personal data

Tell us if you sell as a business or are VAT-registered. Any applicable Artist’s Resale Right or exceptional charge will be discussed before sale. Supply identity, ownership and other details reasonably required for legal, anti-money-laundering or sanctions checks. We use personal data under our Privacy Notice, available on request.

20. Notices and legal rights

Keep your contact and bank details current. Our complaints procedure is available on request. Distance or off-premises contracts may carry additional cancellation rights, which we will explain where applicable. Nothing excludes statutory rights or liabilities that cannot legally be excluded. English law applies subject to mandatory consumer protections.

Burstow & Hewett (B&H) carries on business with bidders, buyers and all those present in the auction room 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.

1. Definitions:In these conditions:
   
   (a) ‘Auctioneer’ means the firm of B&H 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 (B&H) 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 other amounts due to us by the seller in whatever capacity and however arising.
   
   (f) ‘You’, ‘Yours’, etc, refers to the buyer as identified in condition 2.
   
   (g) The singular includes the plural and vice versa as appropriate.
   
   
2. Bidding procedures and the buyer:
   
   (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.
   
   (b) 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 the bid shall be settled at the auctioneer’s absolute discretion by re-offering the lot during the course of the auction or otherwise. The auctioneer shall act reasonably in exercising this discretion.
   
   (c) Bidders shall be deemed to act as principals.
   
   (d) 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.
   
   
3. Increments: Bidding increments shall be at the auctioneers sole discretion.
   
   
4. The purchase price: The buyer shall pay the hammer price together with a premium theron of 20%. In the case of lots purchased live on-line via www.the-saleroom.com this will be charged at 25% on the hammer price. Lots purchased online via www.easyliveauction.com will be charged at either 23%+VAT or 20%+VAT and a single £3 charge (Option chosen by you at the point of registration). Buyer’s premium is also subject to VAT at the rate imposed by law.
   
   
5. Payment: 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 or in such other way as is agreed by us.
   
   
6. Title and collection of purchases:
   
   (a) 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 of all lots on your account.
   
   (b) You shall at your own risk and expense take away any lots that you have purchased and pay for not later than 3 working days following the day of the auction or upon clearance of any cheque used for payment, after which you will be responsible for any removal, storage and insurance charges.
   
   (c) No purchase can be claimed or removed until it has been paid for.
   
   
7. 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 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 5% over the NatWest standard rate on the total amount due to the extent it remains unpaid for more than three 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 towards the settlement of the total amount due and to exercise a lien (that it a right to retain possession of) any of your property in our possession until the debt due is satisfied.
   
   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.
   
   
8. Third party liability. All members of the public on our premises are there at their own risk and must note the layout 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.
   
   
9. Commission bids: 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. Neither the auctioneer nor our employees or agents shall be responsible for any failure to do so save where such failure is unreasonable. Where two or more commission bids at the same level are recorded we reserve the right in our absolute discretion to prefer the first bid so made.
   
   
10. 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.
    
    
11. Agency: The auctioneer normally acts as agent only and disclaims any responsibility for default by sellers or buyers.
    
    
12. 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.
    
    
13. Descriptions and condition:
    
    (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 applied to a lot. 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 only for opinions given negligently or fraudulently. Subject to the foregoing neither we the auctioneer 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.
    
    (b) Private treaty sales made under these conditions are deemed to be sales by auction for purposes of consumer legislation.
    
    
14. Forgeries: Notwithstanding the preceding condition, any lot which proves to be a deliberate forgery (as defined) may be returned to us by you within 14 days of the auction (not collection) 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 and FACTUAL EVIDENCE, not just a chosen ‘opinion’. If we are satisfied from the evidence presented that, in light of the catalogue description, the lot is a deliberate forgery we shall refund the money paid by you for the lot including any buyer’s premium. The seller and buyer agree agree to be bound by our decision.
    
    
15. General: We shall have the right at our discretion, to refuse admission to our premises or attandance at our auctions by any person.

• Precious metals
  
  The weights and measures of platinum, gold, silver and other precious metals are appoximate guides given from the most basic equipment. As all lots are sold as objects and not as ‘value-by-weight’ these are sufficient for the purpose of auction sale.
  
  
• Gemstones and jewels
  
  Many coloured gemstones have been subjected to a variety of treatments designed to enhance their appearance, for example heating is regularly used to improve colour or transparency in rubies or sapphires. Other treatments such as oiling, enhance the clarity of emeralds. Other coloured gemstones may have undergone permanent or semi-permanent treatments such as dyeing, irradiation, coating or impregnation, which may require further re-treatment in order to retain their appearance. The jewellery trade generally accepts these treatments.
  
  Recent advancements in technology have led to some diamonds being treated in a variety of ways designed to enhance their appearance. These treatments can include fracture filling, laser drilling, irradiation and coating. It is not possible for Burstow and Hewett to guarantee that all lots containing diamonds are free from these enhancements.
  
  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 the most basic equipment.
  
  
• Books and printed matter
  
  These items are not sold subject to collation and are not returnable once removed from the premises.
  
  
• 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.
  
  
• Artist’s resale right (ARR) or Droit de Suite
  
  The use of ARR in a description warns the buyer that an extra charge may be payable.
  
  Following the UK implementation of the EU Artist’s resale right directive in February 2006 and the derogation for deceased artists in January 2012, living artists and the heirs of those that died less than 70 years ago may receive a fraction of a resale royalty that is payable by you. The royalty is 4% of the hammer price, which means the royalty charge will be added to your invoice at time of payment.  VAT is not payable on this royalty charge.
  
  The payment is calculated on qualifying works of art which are sold for more than Eur 1,000.
  No handling costs or additional fees are retained by auctioneers despite having to do the entire extra administration work pre and post sale.  The sum is then paid to self described not-for-profit collecting societies who will extract their administration fees.
  
  If you find this complicated or objectionable please forward your complaint to the Minister for Intellectual Property www.bis.gov.uk/contact-us