Terms & Conditions
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Table of Contents |
You can download a PDF version of our Terms & Conditions here
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1) Definitions
In this document (“the Document” or “the Terms and Conditions”), the following terms shall have the following meaning:
“Auction Atrium” means Auction Atrium.com Limited, a Company incorporated in England and Wales having its registered office at 101b Kensington Church Street, London W8 7LN;
“Auctioneer” means the on-line Bidding Platform owned and maintained by Auction Atrium on the Website for the purpose of conducting on-line sales of Properties, and/or a duly authorised representative of Auction Atrium conducting the sale in the case of an Off-Line Sale;
“Bidder” means a person considering, making or attempting to make a bid, by whatever means;
“Business Day” means any day which is not a Saturday, a Sunday or a public holiday on which banks are ordinarily open for business in the City of London;
“Buyer” means the person who makes the highest bid or offer accepted by the Auctioneer or buys a Lot by way of an off-line sale;
“Buyer’s Premium” means the commission payable by the Buyer on the Hammer Price;
“Consignment Agreement” means the Auction Atrium Consignment Agreement, as modified from time to time, whereby a Consignor instructs Auction Atrium to sell Property at auction;
“Consignor” or “Seller” means the seller(s) and any party(ies) acting as agent for the seller(s) in depositing the Property with Auction Atrium for sale;
“Hammer Price” means the highest bid accepted by the Auctioneer, or in the case of an off-line sale, the agreed sale price;
“Item” or “Lot” means the Item or Lot in which Property is grouped by Auction Atrium;
“Low Estimate” means the lowest presale auction estimate specified by Auction Atrium for an Item; “High Estimate” means the highest presale auction estimate specified by Auction Atrium for an Item;
“Off-line Sale” means a sale not effected through the Website;
"On-line Services" means the content, features and functionality provided via the Website to facilitate the online auction through which Auction Atrium can sell and You can buy Property;
“Property” means each item of property listed for sale at auction or by private sale;
“Reserve” means the minimum Hammer Price at which the Auctioneer may auction a Lot;
“Resale Royalty” means the artist’s resale royalty payable in the UK under the Artist’s Resale Right Regulations 2006;
“Sale” means the sale of an Item through Auction Atrium from a Seller to a Buyer;
“Short Description” means the information, typically including creator, period, culture, source, origin, and/or medium of the Property generally found in highlights on the same line and before the Item Number of the respective Property in the on-line catalogue (e.g. Sir Peter Blake (b.1932) Original Lithograph, 1985);
“VAT” means Value Added Tax, Import Value Added Tax, any similar sales tax or an amount in lieu of Value Added Tax, as applicable, calculated at the rate applicable at the time of the sale.
"Website" means the Auction Atrium online auction website located at www.auctionatrium.com or any subsequent URL used by Auction Atrium us from time to time;
"You" means the person accessing and using the Website (whether for the purpose of bidding or not) and/or the legal entity you represent during the course of employment or engagement by that entity.
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2) Introduction
2.1 Each Item in the Website is offered for sale and sold subject to:
I. These Terms and Conditions of Sale;
II. Additional notices and/or supplements and/or terms published on the Website
III. In the case of an Off-Line Sale any notices either written or oral provided by Auction Atrium.
2.2 By bidding at the auction, and/or by buying at an Off-Line Sale, Bidders and Buyers agree to be bound by Paragraph 2.1 above.
2.3 Auction Atrium reserve the right to change these Terms and Conditions at any time. Amendments will take effect when posted on the Website. The date of the Terms and Conditions may be stated at the top of the Terms and Conditions. The Terms and Conditions current at the start of a Transaction will apply until that Transaction is completed. Your continued use of the On-line Services after any amendments to the Terms and Conditions shall be deemed to constitute your binding acceptance of such amendments
2.4 These Terms and Conditions of Sale, changed or supplemented from time to time as provided in this Paragraph 2, contain all the terms on which Auction Atrium and the Seller contract with the Buyer.
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3) Selling at Auction - Auction Atrium as Agent
3.1 Generalities
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Auction Atrium act as auctioneers and agents for the Seller. Therefore, the contract for the sale of the Item will be between the Seller and the highest Bidder at auction, i.e. the Buyer.
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Auction Atrium disclaim all responsibility for statements about any Property made by the Seller. This does not affect any rights a Bidder or Buyer may have against the Seller.
3.2 Instructions to Sell – Consignment Agreement
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By signing the Consignment Agreement a Consignor appoints Auction Atrium as exclusive agent to sell the Property listed in the Consignment Agreement. The sale will generally take place by on-line auction (see paragraph 6), but it may also be an Off-line Sale as defined in paragraph 1. By whatsoever manner the sale is conducted, the sale will be subject to these Terms and Conditions.
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By signing the Consignment Agreement a Consignor agrees to pay Auction Atrium such fees, expenses, costs as detailed in the Consignment Agreement, and pay the VAT on such fees, expenses and costs where applicable.
3.3 Consignment without Estimate
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There may be cases in which a Consignor may propose an Item for sale on the Website, but when no expertise is readily available to discuss an appropriate Estimate
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In such cases the Consignor may sign a non-binding Consignment without Estimate. This will be for all intent and purposes a regular Consignment Agreement, where items are described, but no Estimates are given, and therefore no Reserve is agreed.
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The Items can then be left duly insured (see 3.5 below) at Auction Atrium premises for a brief period of time until such time as Auction Atrium can discuss Estimates and Reserve with the Consignor. Should such Estimate and Reserve be acceptable to the Consignor (Consignor agrees that in this instance communication via email or telephone will be acceptable) then these Estimates and Reserve will be entered into the respective Consignment Agreement, whereby such agreement will become binding on the Seller and Auction Atrium.
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Should the Seller and Auction Atrium fail to agree on Estimates and Reserve (Consignor agrees that in this instance communication via email or telephone will be acceptable) then Consignor will collect the respective Item from Auction Atrium within five working days, or be liable for storage charges at Auction Atrium’s rate in force at the time.
3.4 Expenses
The Seller agrees to pay the following costs:
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Packaging and shipping the Property for consignment to Auction Atrium;
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Packaging and shipping the Property if they are returned to the Seller unsold;
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Any applicable custom duty;
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Any external expert opinion, where deemed appropriate by Auction Atrium, and approved by the Seller in advance;
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Any special marketing initiative likely to increase the appeal of the Property, where deemed appropriate by Auction Atrium, and approved in advance by the Seller;
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Storage Charges as applicable from time to time to un-sold items stored for a period longer than 5 Working Days after a sale.
3.5 Auction Atrium’s Liabilities
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Auction Atrium will accept liability for physical loss of, or damage to, the Items consigned for sale and stored at Auction Atrium’s premises.
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Consignors are welcome to consult a copy of Auction Atrium insurance policy, which is available for inspection at the premises of Auction Atrium.
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The acceptance of liability for loss or damage starts the moment an Item is consigned for sale by signing the Consignment Agreement, and stops when the item is either:
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Collected from the premises of Auction Atrium by the Buyer or his authorised representative, or
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Delivered to the Buyer’s address by one the shipping methods used by Auction Atrium, and paid for by the Buyer.
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Such acceptance of liability shall also cover items which are left in the gallery with a Consignment without Estimate (as explained in paragraph 3.3), and shall either continue should the Item be consigned for Sale, or cease the moment the Consignors collects the Item from Auction Atrium.
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Should the Item erroneously be sold at auction for an amount less than the Reserve, then Auction Atrium will pay the Seller a total amount equal to the amount that the Seller would have received (net of the agreed commission) had the Item sold at its agreed Reserve.
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Any exceptions to the above liability will be communicated to the Seller in writing by Auction Atrium
3.6 Consignor’s Title of the Property
By signing a Consignment Agreement, the Seller acknowledges and warrants as follows:
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Seller is the sole owner of the Item with unrestricted rights to transfer ownership to the Buyer free from all third party rights or claims (including Copyright and other Intellectual Property rights)
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Seller has complied with all requirements, legal, regulatory, or otherwise relating to any import, export, and/or health and safety matters pertaining to the Items; Seller has notified Auction Atrium of any previous known export of the item from the United Kingdom.
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Seller has notified Auction Atrium of all known aspects of the Item which is likely to affect its value or appeal, specifically including any concerns expressed by third parties as to authenticity, provenance, attribution, ownership etc.
Seller agrees to reimburse Auction Atrium and/or the Buyer of their reasonable costs, should the conditions 3.5 a-c not be met.
3.7 The Sale
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Auction Atrium has complete discretion as to how individual Items are catalogued, described and illustrated, the condition reports, the date of the sale, and whether further expert advice should be sought for the Item.
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Any Estimate (see Paragraph 8) is given only as a matter of opinion and is not an undertaking or a forecast by Auction Atrium that the specific Item will fetch the Estimate at auction. Estimates are normally expressed as a range between the Low Estimate and the High Estimate.
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Auction Atrium will agree a Reserve (see Paragraph 9) with the Consignor. In the case in which no Reserve has been agreed, Auction Atrium may either sell the Item to the highest Bidder regardless of the amount offered by such Bidder, or fix the reserve at any value not greater than 50% of the low estimate
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Once the Consignment Agreement has been signed by the Seller, Seller cannot withdraw the Item from sale without the consent of Auction Atrium, save in the case of gross negligence or wilful misconduct on the part of Auction Atrium.
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Auction Atrium may withdraw, or postpone for a reasonable time, the Item from a sale if, in their opinion, there is a material doubt as to the attribution, authenticity, or provenance of the Item, and/or, if they have doubts that any of the conditions as in Paragraph 3.5 may not be met.
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If Auction Atrium agrees to the withdrawal of an Item, then Auction Atrium is entitled to recover from the seller such reasonable costs (without burden of proof) that may been incurred by Auction Atrium in cataloguing, photographing, and storing the Item. The minimum of these costs is set at the greater of £50 or 5% of the reserve of the Item. Seller agrees that Auction Atrium will hold the Item as security until such costs have been paid in full by the Seller.
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Should Auction Atrium be notified that there is a dispute as to ownership, possession, control of an Item, then Auction Atrium will retain possession of that Item, and be entitled to recover reasonable storage costs from the Seller, until the matter has been resolved to the acceptance of Auction Atrium.
3.8 Payment to Seller
3.8.1 Generalities:
Sellers will only receive payment for Items sold at Auction Atrium if Auction Atrium has received, in full and in cleared funds, payment from the Buyer of the respective Item.
3.8.2 Payment procedures and terms:
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Immediately or soon after the Sale, Auction Atrium will request payment from the Buyer.
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In most cases, payment is received from the Buyer within a reasonable period of time, and Auction Atrium is able to pay Consignors within 30 Working Days.
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Auction Atrium will pay the Seller an amount equal to the Hammer Price less any agreed Commissions, costs, etc., and less VAT at the applicable rate.
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Payments are made in Pounds Sterling. Payments in other currencies may be made by special arrangement in which case the Seller will be responsible for any costs, including banking charges, foreign exchange fees, wiring fees etc.
3.8.3 Non Payment by the Buyer:
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If the Buyer fails to pay the full amount due within ten working days from the date of the sale, Auction Atrium will take, at their sole discretion, whatever steps they deem necessary, appropriate and reasonable to recover the funds from the Buyer.
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Auction Atrium is not obliged to take any legal proceedings on behalf of the Seller to recover sums due from the Buyer.
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In cases of non-payment from a Buyer, Auction Atrium will contact the Seller, so that the situation can be discussed, and a plan of action agreed. Under no circumstances is Auction Atrium liable to pay the Seller for any amount due but not paid from the Buyer.
3.8.4 Claims under the Limited Warranty:
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Auction Atrium gives the Buyer a limited Warranty on the Short Description for a period of Five years from the date of the sale (See Paragraph 5).
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If any point from the date of the Sale, and throughout the period of the Short Description Warranty, Auction Atrium have satisfied themselves that there is a genuine claim on the Short Description Warranty, then the Seller will be responsible for repayment to Auction Atrium of the money received for the Item. After payment has been received by Auction Atrium, title to the Item will revert to the Seller.
3.9 Off-line Sales:
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Should an Item be unsold at auction, or deemed, at Auction Atrium’s sole discretion, unsuitable of being sold at auction, Auction Atrium may arrange for an off-line Sale.
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Off-line Sales are regulated by the same Terms and Conditions as sales through the Website.
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If an item has not sold at auction and is offered by Auction Atrium as an off-line Sale, then whatever Sellers Commission had been agreed in the Consignment Agreement will be null and void and Auction Atrium will propose to the Consignor a new Commission rate for the Off-line Sale, or the opportunity to collect the unsold Items.
3.10 Unsold Items
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Unsold items may be re-offered in a subsequent auction at a reduced reserve to be agreed.
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If not reoffered, unsold Items must be collected within 10 working days from the date of the auction and can be collected subject to the payment of any outstanding charges.
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Items not collected within 30 days from which a demand is made to the Seller to collect such unsold Items will be re-offered for sale at a Reserve set at 50% of the original Reserve.
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Items not collected within 90 days from which a demand is made to the Seller to collect such unsold Items will be re-offered for sale at no Reserve.
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The seller will receive any Sale proceeds which are in excess of the outstanding storage charges, and still be liable to Auction Atrium for any shortfall between the price achieved at auction and the amount of outstanding charges due to Auction Atrium.
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Auction Atrium reserves the right to set storage charges at £3 per day per item for any item(s) left longer than 10 working days.
3.11 Intellectual Property
By signing a Consignment Agreement, the Seller grants Auction Atrium (on a non-exclusive basis) the rights to photograph, video or otherwise reproduce images of the Item (whether the Item is identified or not in such a reproduction). All such rights will remain with Auction Atrium whether the Item is sold or not, and can be used by Auction Atrium in whatever manner they see fit
3.12 Auction Atrium right of recourse
Other than in the case of gross negligence or wilful misconduct on the part of Auction Atrium, in which case the rights of Seller are fully acknowledged, Auction Atrium shall be entitled to retain any property of the Seller under their control as security for the money owned by the Seller to Auction Atrium, and to sell or otherwise dispose of such Items which are held as security, whether or not the Items that Auction Atrium is holding as security are subject to, or part of, any dispute.
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4) Description of Property
4.1 Attribution and Description (both the Short Description next to the item number and the section of the on-line catalogue headed “Description”)are matters of opinion and not of fact. Auction Atrium’s description of Items is partly dependent upon the information provided by the Seller as well as by experts Auction Atrium may consult, the amount of research and any examination or testing Auction Atrium may reasonably and practically carry out prior to an auction, and the generally accepted opinion of experts available at the time of cataloguing the Property.
4.2 Auction Atrium shall exercise reasonable care when preparing catalogue descriptions and condition reports in a manner consistent with their role as auctioneer of a large number of lots and subject to the risks inherent to describing unique works of art and collectable items.
4.3 Auction Atrium are not able to carry out exhaustive due diligence on each item of Property. Items for sale in the Website are generally available for inspection prior to the auction at Auction Atrium’s premises, and Bidders and Buyers are invited to carry out, and shall be responsible for carrying out, their own due diligence over Items offered for sale. Bidders and Buyers agree that:
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Auction Atrium accept bids on the basis that each Bidder has had the opportunity to inspect the Item prior to bidding and has satisfied himself about the Property, its description, age, authenticity, genuineness, attribution, provenance, origin, condition, importance, size, quality, quantity, rarity, value, historical reference or significance, medium, material, period, culture and source;
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Neither Auction Atrium nor the Seller make any representation or warranty, orally or in writing, express or implied (other than those which cannot be excluded by law) with respect to any of the characteristics of the Property, including (without limitation): age, authenticity, genuineness, attribution, provenance, origin, condition, importance, size, quality, quantity, rarity, value, historical reference or significance, medium, material, period, culture or source;
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Neither Auction Atrium or the Seller accept any responsibility for errors or omissions in information provided to Bidders and Buyers by Auction Atrium, whether orally or in writing, except that Auction Atrium will accept responsibility for those errors or omissions caused by their own wilful misconduct;
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Bidders and Buyers acknowledge that many Lots are of an age and type which means that they are not in perfect condition and agree that: (i) all Lots are offered for sale and sold “AS-IS”; and (ii) although Auction Atrium may mention in the description of an Item damages or imperfections, this does not include all faults, imperfections and restorations;
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information in the Website or elsewhere concerning the characteristics of the Property is offered by Auction Atrium as a statement of opinion only and neither Auction Atrium nor the Seller accept any responsibility towards Bidders or Buyers who rely on any such statement of opinion when bidding or buying Property at auction or on an Off-Line Sale;
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the estimates provided in the Website are not representations of fact but are merely Auction Atrium’s opinion of the price that a willing Buyer might pay for the Property at auction. The actual price achieved at auction or upon resale of the Property may be substantially different from these estimates. Auction Atrium shall not be liable for any difference between the estimate for any Item and the actual price obtained for such Item (or part thereof) at auction or upon resale;
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all weights are approximate, whether or not qualified by terms such as “approximately” or “circa”;
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illustrations serve mainly as a tool to identify Items, and cannot be used as precise indications of size or to convey full information as to the condition of Lots.
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5) Short Description Warranty
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Auction Atrium warrant the Short Description of a Property for a period of five years from the date of the sale by Auction Atrium, subject to the exclusions and limitations set forth below.
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This warranty is given only to the original Buyer of record at Auction Atrium (that is, the registered successful Bidder).
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In any claim for breach of the Short Description Warranty Auction Atrium reserves the right, as a condition to rescinding any sale under this warranty, to require the Buyer to provide to Auction Atrium (at the Buyer’s expense) the written opinions of two recognized experts approved in advance by Auction Atrium. Auction Atrium shall not be bound by any expert report produced by the Buyer and reserve the right to consult their own experts at their costs. If Auction Atrium agree to rescind a sale under the Short Description Warranty, they shall refund to the Buyer the reasonable costs charged by the experts commissioned by the Buyer, and approved in advance by Auction Atrium.
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All other warranties, express or implied, including any warranty of satisfactory quality and fitness for purpose are specifically excluded by Auction Atrium and the Seller to the fullest extent permitted by law.
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This Short Description Warranty is not given:
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to subsequent owners of the Property, such as purchasers or recipients by way of gift from the original Buyer, and heirs, successors, beneficiaries and assigns;
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in relation to Property created prior to 1870, unless the Property is determined to be counterfeit (defined as a forgery made less than 50 years ago with an intent to deceive) and it has a value at the date of the claim under this Warranty, which is materially less than the purchase price paid;
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in relation to Property where the description in the catalogue states that there is a conflict of opinion on the Short Description of the Property;
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in respect of Short Description which on the date of sale was consistent with the generally accepted opinions of specialists, scholars or other experts;
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in relation to Property whose description or dating is proved inaccurate by means of scientific methods or tests not generally accepted for use at the time of sale, or which were at such time deemed unreasonably expensive or impractical to use.
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Subject to clause 5.3 the Buyer may bring a claim for breach of the Short Description Warranty provided that:
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he has notified Auction Atrium in writing within three months of receiving any information which causes him to question the Short Description of the Item, specifying the number of the Item, the date of purchase and the reasons why the Short Description of the Item is being questioned, and
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he returns the Lot to Auction Atrium in the same condition as at the time of its auction by Auction Atrium and is able to transfer legal and beneficial title in the Item free from any third party claim arising after the date of the auction.
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The Buyer understands and agrees that the exclusive remedy for any breach of the Short Description Warranty shall be a rescission of the sale and a refund of the original purchase price paid. This remedy shall constitute the sole remedy and recourse of the Buyer against Auction Atrium and the Seller, and is in lieu of any other remedy available as a matter of law. This means that neither Auction Atrium nor the Seller shall be liable for loss or damage beyond the remedy expressly provided in this Short Description Warranty, whether such loss or damage are characterized as direct, indirect, special, incidental or consequential.
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6) Website Conditions of Use
IMPORTANT – PLEASE READ:
THE AUCTION ATRIUM WEBSITE IS DIRECTED AT AND ONLY MEANT TO BE USED BY YOU FOR THE PURPOSE OF ACCESSING AND USING THE ONLINE SERVICES PROVIDED. THESE TERMS AND CONDITIONS APPLY TO YOUR USE OF THE WEBSITE AND BY ACCESSING THIE WEBSITE AND USING THE ONLINE SERVICES YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS.
IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS DO NOT ACCESS OR USE THE WEBSITE AND THE ONLINE SERVICES PROVIDED.
6.1 Online Services
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The Website acts as an online venue to allow Auction Atrium to sell by auction Items of Property (in accordance with applicable law and regulations) and to provide You with the opportunity to bid for and buy such Property.
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By accessing or using the On-line Services You agree to be legally bound by these Terms and Conditions.
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We reserve the right to modify or withdraw this Website (or any part) at any time without notice.
6.2 Participation in the On-line Service
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You can browse the Website at any time without registering. To use the On-line Services, You are required to register by completing the online "User Registration Form" on the Website and submitting it to Auction Atrium by clicking on the "Register" link. Registration and use of the facility to bid for items via the Website is free.
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The On-line Services are only available to individuals who are aged 18 years and over (and by registering and accepting these Terms and Conditions You represent to Auction Atrium that You are not a minor and can form legally binding contracts under applicable law).
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If You are registering on behalf of a business entity, You represent and warrant that You have authority to bind the entity to these Terms and Conditions. Without prejudice to your warranty, Auction Atrium reserve the right to ask You for written authority from the business entity before registering any business entity.
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You agree to ensure that your registration details are up to date and accurate and to update any details when necessary using the "Edit Registration" link on the Website.
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You warrant and undertake to Auction Atrium that all the information supplied to Auction Atrium on the User Registration Form is true and accurate.
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Auction Atrium reserve the right in their sole discretion to refuse any application to register and access the On-line Services and to temporarily or indefinitely suspend any registered members.
6.3 User Name and Passwords
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You are solely responsible for keeping your personal user name and password secure and confidential. You should not share, display, disclose or permit your user name or password to be disclosed to any other party.
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You are responsible for use of the On-line Services when access to the On-line Services is obtained through the use of your user name and password whether authorised or unauthorised.
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You agree not to impersonate any other person or entity or use any false name or use any other person's user name and password to access the On-line Services.
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If you believe that Your user name and/or password has become known to another person or You are aware of any other breach of security regarding the On-line Services, then You must notify Auction Atrium immediately.
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You agree and warrant that You will implement and comply with the above procedures.
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Auction Atrium reserve the right to withdraw user names and passwords at any time without notice and in their sole discretion including but not limited to where Auction Atrium have reason to believe that such user name and password have been discovered and/or used by any person or organisation other than You.http://www.auctionatrium.com/index.php?page=termsandcs
6.4 General rules governing bidding and buying
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You can only make a bid and use the On-line Services if You are registered. You agree to comply with any instructions or notifications posted on the Website from time to time in relation to use of the On-line Services.
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All auctions will be conducted in pounds sterling ("GB£"). You are responsible for ensuring that You have sufficient funds to cover the cost of Your bid and make payment within the stated period of time, and in accordance with the applicable payment method.
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Any bid that Bidders make via the Website constitutes a legal and binding offer to buy the Item listed on Auction Atrium. Bidders may not retract a bid except for limited circumstances allowed under applicable law, for example, where the Item does not materially comply with the description provided in relation to it on the Website.
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Auction Atrium are entitled to set applicable minimum bids or reserve requirements and are entitled to change these during the auction period. If an auction subject to a reserve ends and the reserve price is not met the Bidder is released from any obligation to complete the Transaction.
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Any bid made by a Bidder will remain open for the time period specified on the Website. Auction Atrium reserve the right to automatically extend this fixed time period by up to 5 minute increments where the highest bid is submitted within 5 minutes before the close of an auction to allow time for responses and final bids. The Website does not support the practice known as "sniping" where bidders place bids within the final few minutes of an auction and do not allow other bidders time to respond.
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The winning bid in any auction will be the first highest bid to be registered by Auction Atrium that exceeds the reserve price (if any) and meets the conditions that are specific to that auction.
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By bidding for an item via the Website, a Bidder acknowledges and agrees that if he has placed the highest bid which is (where applicable) at or above any reserve price or minimum bid and Auction Atrium has not denied acceptance of your bid, the same Bidder has entered into a legally binding contract to buy the Item from Auction Atrium.
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Auction Atrium have full discretion to: (a) divide any Lot; (b) combine two or more Lots; (c) withdraw any Lots; (d) refuse bids; (e) refuse to acknowledge any Bidder; and (f) challenge bids; and to otherwise regulate the bidding for whatever reason at any time. Auction Atrium reserve the right to cancel or stop an auction at any time.
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If a Bidder is successful in securing an Item, he will be contacted via email by Auction Atrium to confirm acceptance of the winning bid, total amount payable, details of shipping and/or collection, and accepted payment methods.
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If for whatever reason Auction Atrium is unable to contact the Bidder within 5 Business Days of the closure of the auction, then Auction Atrium will be entitled in their discretion to offer the items to the next highest bidder, to re-auction the items or dispose of the items by any other means.
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You agree to comply with all applicable laws, statutes and regulations concerning your use of the Services.
6.5 Payment
Payment for Items can only be made by using the payment methods specified from time to time by Auction Atrium and communicated via e-mail to the successful Bidder.
6.6 Returns
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Other than as may be required under law, or under the Short Description Warranty as per paragraph 5 above, Auction Atrium will not under any circumstances accept the return of sold items.
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Bidders acknowledge that there is no other right to return or cancel items that they have purchased and that the Consumer Protection (Distance Selling) Regulations 2000 do not apply to these On-line Services.
6.7 Availability of the Website - Outages
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You acknowledge that due to the nature of the Internet, Auction Atrium cannot guarantee that access to the Website will uninterrupted or that e-mails or other electronic transmissions will be sent to You or received by Auction Atrium, or that the content of such transmissions will be secure during transmission.
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Like any other website the Auction Atrium Website may occasionally experience outages during which You may not be able efficiently to browse for Items, some or all of the On-line Services are interrupted, and Bidders cannot place bids. When outages occur that are at least one hour in duration, Auction Atrium will extend the time available to place bids by at least the same time as the outage.
6.8 Intellectual Property Rights
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You are granted a limited licence to access and use the Website solely for the purposes of use connected with the On-line Services. All contents of the Website including, but not limited to, the text, graphics, links and sounds are owned by the relevant copyright owner and may not be copied, downloaded, distributed or published in any way without their prior written consent, except that You may print, copy, download or temporarily store extracts for your personal information or when You use the On-line Services.
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Any information provided by the Website may not be disclosed, reproduced, copied or sold for any commercial purpose other than for obtaining the On-line Services via the Website.
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You may not use any part of the Website on any other website or link to the Website without Auction Atrium prior written consent, except that You may link to the Website provided that you do not misrepresent your involvement with the Website (and/or with Auction Atrium) and that You do nothing in the opinion of Auction Atrium that may bring the Website into disrepute or, in the sole discretion of Auction Atrium, is detrimental to the On-line Services.
6.9 LIMITATION OF LIABILITY
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USE OF THE WEBSITE AND ITS RELATED SERVICES ARE AT YOUR SOLE RISK. AUCTION ATRIUM WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER ARISING AS A RESULT OF YOUR USE OR RELIANCE ON THE WEBSITE OR ON-LINE SERVICES TO THE MAXIMUM EXTENT PERMITTED BY LAW.
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WE EXCLUDE ALL WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS AND REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE IN CONNECTION WITH THE SERVICES AND THE WEBSITE TO THE FULLEST EXTENT PERMITTED BY LAW.
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ANY SOFTWARE DOWNLOADED FROM THIS WEBSITE OR AS PART OF THE ON-LINE SERVICES IS AT YOUR OWN RISK AND WE DO NOT ACCEPT LIABILITY FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGE HOWSOEVER CAUSED AS A RESULT OF ANY COMPUTER VIRUSES, BUGS, TROJAN HORSES, WORMS, SOFTWARE BOMBS OR OTHER SIMILAR PROGRAMS ARISING FROM YOUR USE OF THE WEBSITE. WHILST WE WILL DO OUR BEST TO ENSURE THAT THE WEBSITE IS FREE FROM SUCH DESTRUCTIVE PROGRAMS, IT IS YOUR RESPONSIBILITY TO TAKE REASONABLE PRECAUTIONS TO SCAN FOR SUCH DESTRUCTIVE PROGRAMS.
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ANY HYPERLINKS TO THIRD PARTY SITES THAT MAY BE PROVIDED VIA THE WEBSITE EXIST FOR INFORMATION PURPOSES AND YOUR CONVENIENCE ONLY AND AUCTION ATRIUM DO NOT ENDORSE THE CONTENT OF SUCH SITES. AUCTION ATRIUM ARE UNABLE TO ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM THE CONTENT OF SUCH SITES.
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WITHOUT PREJUDICE TO THE ABOVE, IN ANY EVENT AUCTION ATRIUM LIABILITY SHALL BE LIMITED TO AN AMOUNT NOT EXCEEDINGTHE AMOUNT PAID BY YOU OR THE HIGHEST BIDDER TO AUCTION ATRIUM FOR THE ITEMS TO WHICH THE CLAIM RELATES FOR ONE INCIDENT OR SERIES OF INCIDENTS ATTRIBUTABLE TO THE SAME CAUSE OR IF NO SUCH AMOUNT IS PAID OR PAYABLE THE MARKET VALUE OF SUCH ITEMS; OR, WHERE NO AMOUNT IS PAID OR PAYABLE, THE MAXIMUM SUM OF £500.
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7) Bidders without internet facilities
7.1 As a convenience to Bidders who cannot bid on the Website, Auction Atrium may, if so instructed by the Bidder, execute absentee bids on a Bidder’s behalf. Absentee Bidders are required to submit bids on the “Absentee Bid Form”, a copy of which is available at Auction Atrium front desk. The Bidder must clearly indicate the maximum amount he intends to bid, excluding the Buyer’s Premium. The Auctioneer will not accept an instruction to execute an absentee bid which does not indicate the maximum amount the Bidder wishes to bid.
7.2 Lots are sold to absentee Bidders at the lowest possible price permitted against other Bidders and the Reserve.
7.3 Auction Atrium does not charge Bidders to help them place absentee bids, and Auction Atrium do not accept liability for errors, omissions or failure to execute absentee bids.
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8) Estimates
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Estimates are shown in Pounds Sterling.
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The sale will be conducted in Pounds Sterling and payment is due in Pounds Sterling. If Auction Atrium provides estimates in any other currency, these are approximate and for guidance only.
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9) Reserve
Most Items are subject to a Reserve, i.e. a price below which bids will not be successful in securing the Item. The Reserve, which is confidential, is determined by agreement with the Seller and may equal, but will not exceed, the low estimate for the Item.
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10) Purchase Price
10.1 The purchase price to the Buyer for an Item shall be (i) the Hammer Price, plus (ii) a Buyer’s Premium equal to an amount calculated as 20% of the Hammer Price of each Item, plus (iii) any shipping or handling charge as specified in the invoice sent by email to the Buyer.
10.2 In addition to the Hammer Price and the Buyer’s Premium, the Buyer shall pay (i) the Resale Royalty where applicable and (ii) VAT a the applicable rate.
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11) Resale Royalty
11.1 Implementation of Artist's Resale Right
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Artist's resale right came into force in the United Kingdom (UK) on 14 February 2006. This right entitles authors of original works of art (including for example paintings, engravings, sculpture, ceramics) to a royalty each time one of their works is resold in a sale involving an art market professional.
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The right only applies to sales for €1,000 or more and is calculated on a sliding scale (see below table). The maximum royalty payable on any single sale is €12,500.
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The royalty is subject to compulsory collective management so artists cannot claim their royalty independently but must receive it through a collecting society.
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In the UK the right only applies to sales of works by living authors. However, after 2010 the right will be extended to cover sales of works which are still in copyright; that is the author has been dead for less than 70 years.
11.2 Exempted Resale
Three types of resale are outside the regulations, and therefore of the new scheme. First, where the sale price is less than €1,000. Second, where the buyer or seller (or agent of the buyer or seller) is not 'acting in the course of business of dealing in works of art'; in other words, the regulations apply only to sales or purchases by art market professionals. Third, where the seller previously acquired the work directly from the artist less than three years before the sale, and the sale price does not exceed €10,000; in other words, the regulations apply only to sales made three or more years after the artist's first studio sale or transfer of ownership, and to all sales exceeding €10,000 even if they are made within the first three years after the artist's first studio sale or transfer of ownership.
11.3 Exempted Artworks
Not all artworks are included in the new scheme - only works of 'graphic or plastic art such as a picture, a collage, a painting, a drawing, an engraving, a print, a lithograph, a sculpture, a tapestry, a ceramic, an item of glassware or a photograph'; also included are copies of works if they are 'one of a limited number which have been made by the author or under his authority'.
11.4 Table of applicable charges
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Royalty
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For the portion of the resale Price (in EUR €)
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4.00%
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Up to 50,000
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3.00%
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Between 50,000.01 and 200,000
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1.00%
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Between 200,000.01 and 350,000
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0.50%
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Between 350,000.01 and 500,000
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0.25%
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in excess of 500,000
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12) VAT and VAT Guide for Buyers
12.1 Generalities
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VAT is payable in accordance with applicable law. All prices, fees, charges and expenses set out in these Terms and Conditions of Sale are quoted ex VAT.
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The following guide provides general information to buyers on the VAT implications of purchasing property at Auction Atrium. This information is not intended to be complete. In all cases, the relevant tax legislation takes precedence, and the VAT rates in effect on the day of the auction will be the rates charged.
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In the following paragraphs, reference to VAT symbols shall mean those symbols located beside the Item number or the pre-sale estimates in the catalogue (or amending notices).
12.2 Property with no VAT symbol
Where there is no VAT symbol, Auction Atrium is able to use the Auctioneer’s Margin Scheme, and VAT will not normally be charged on the hammer price.
VAT will be charged on both the Buyer’s Premium and the Sellers Commission, as well as on any other services provided by Auction Atrium.
12.3 Property with a VAT * symbol
These items will be sold under the normal UK VAT rules, and VAT will be charged at 15% on both the hammer price and buyer’s premium.
12.4 Property with a VAT ** symbol
Items sold to buyers whose registered address is in the European Union (EU) will be assumed to be remaining in the EU. The property will be invoiced as if it had no VAT symbol. However, if the property is to be exported from the EU, Action Atrium will re-invoice the property under the normal VAT rules, as requested by the seller.
Items sold to buyers whose address is outside the EU will be assumed to be exported from the EU. The property will be invoiced under the normal VAT rules. Although the hammer price will be subject to VAT, this will be cancelled or refunded upon export. The buyer’s premium will always attract VAT. However, buyers who are not intending to export their property from the EU should notify Auction Atrium Client Accounts Department (client.accounts@auctionatrium.com) before the time of the sale, and the property will be re-invoiced showing no VAT on the hammer price.
12.5 Property sold with a VAT *** or VAT **** symbol
These items have been imported from outside the EU to be sold at auction under temporary importation. Items subject to temporary importation will be offered under the auctioneer’s margin scheme and will be subject to import VAT of either 5% (VAT ***) or 15% (VAT ****) on the hammer price and an amount in lieu of VAT at 20% on the buyer’s premium.
12.6 VAT Refunds from HM Revenue and Customs
Under certain circumstances, it may be possible to seek repayment from HM Revenue and Customs. Repayments in this manner are limited to businesses located outside the UK and may be considered for
VAT charged on buyer’s premium on property sold under the normal VAT rules, i.e. with a VAT * or VAT ** symbol.
Import VAT charged on the hammer price and buyer’s premium for lots sold under temporary importation, i.e. with a VAT *** or VAT **** symbols.
Claim forms are available from:
HM Revenue and Customs
Overseas Repayment Section
8th/13th Directive
Customs House
P.O. Box 34
Londonderry, BT48 7AE
Northern Ireland
Tel +44 28 7137 6200 or +44 28 7137 2727
Fax +44 28 7137 2520
12.7 Sales Taxes
Buyers from outside the UK should note that local sales taxes may become payable upon import of items following purchase at Auction Atrium. Buyers should obtain their own advice in this regard.
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13) Ownership and Risk
13.1 Ownership of an Item shall pass to the Buyer when Auction Atrium has received from the Buyer in cleared funds the precise amount in Pound Sterling requested by Auction Atrium in the Sale Invoice. This will typically include the full purchase price for the Item and all other sums due to Auction Atrium for services such as shipping and packing.
13.2 Risk in an Item shall pass to the Buyer, and Auction Atrium shall no longer be responsible for said Item, on the earlier of:
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collection of the Item by the Buyer
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Delivery to the Buyer’s Address by a shipper organized by Auction Atrium
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the fifth Business Day after the date of the auction of the Item.
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14) Removal of Property
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Auction Atrium will not release a Lot to the Buyer or organize shipment until payment of the Purchase Price of the Lot has been received in full in cleared funds, and no other sums which have become due by the Buyer to Auction Atrium are outstanding.
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Auction Atrium will provide for the convenience of their customers packing, handling and shipping services. Such services may be provided by a third party shipping and handling service company.
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All costs and risks (other than those risks specifically covered by Auction Atrium as explained in Paragraph 3.5) in relation to packing, handling, shipping, customs and insurance shall be fully assumed by the Buyer, as specified in the invoice for payment as per paragraph 6.6 above.
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If no shipping instructions are given to Auction Atrium at the time of bidding, and subject to payment in accordance with Paragraph 6.6, the Buyer is responsible for collecting purchased Lots at the Buyer’s risk and expense within five Business Days of the auction.
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Collection of purchases other than by the Buyer, must be carried out by a person specified on the written direction of the Buyer.
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Auction Atrium do not accept any responsibility for accidental breakages, loss or damage to Lots howsoever caused when being removed by or on behalf of the Buyer unless such breakage, loss or damage is caused by the wilful misconduct of Auction Atrium.
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Any User wilfully or accidentally breaking or causing damage to Property will be responsible for loss or damage.
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If Auction Atrium are on notice of an actual or potential claim in respect of Property in their possession, Auction Atrium shall not release the Property to the Buyer until they are jointly instructed by the Buyer and the claimant(s) or served with a binding Court order.
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As a courtesy to Buyers and without additional charge, Auction Atrium will pack small Items for collection by Buyers. For larger, fragile, or generally more difficult items, Auction Atrium reserves the right to charge a packing and collection fee of £20.
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15) Remedies for Non-Payment
Without prejudice to any rights the Seller may have, if the Buyer without prior agreement fails to make payment in cleared funds for a Lot within five Business Days of the auction, Auction Atrium may in their sole discretion exercise one or more of the following remedies:
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store the Lot at Auction Atrium’s premises or elsewhere at the Buyer’s sole risk and expense;
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cancel the sale of the Lot;
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reject future bids from the Buyer or render such bids subject to payment of a deposit;
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charge interest at 6% per annum above the base rate of the principal bank of Auction Atrium in London, from the date payment became due to the date the purchase price is received in cleared funds;
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exercise a lien over any of the Buyer’s property which is in the possession of Auction Atrium. Auction Atrium shall inform the Buyer of the exercise of any such lien and within 14 days of such notice may arrange the sale of such property and apply the proceeds to the amount owed to Auction Atrium;
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resell the Lot by auction or private sale, with estimates and reserves at Auction Atrium’s reasonable discretion. In the event such resale is for less than the original Hammer Price and Buyer’s Premium for that Lot, the Buyer will remain liable for the shortfall together with all costs incurred in such resale;
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commence legal proceedings to recover the Hammer Price and Buyer’s Premium for that Lot, together with interest and the costs of such proceedings;
or
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release the name and address of the Buyer to the Seller to enable the Seller to commence legal proceedings to recover the amounts due and legal costs.
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16) Failure to Collect Purchases
16.1 If the Buyer pays the Hammer Price and Buyer’s Premium but fails to collect a purchased Lot within seven days of the auction, the lot will be stored at the Buyer’s expense (and risk) at Auction Atrium’s premises or with a third party.
16.2 If a purchased Lot is paid for but not collected within six months of the auction, the Buyer authorises Auction Atrium, with or without further notice to the Buyer, to arrange a resale of the item by auction or private sale, with estimates and reserves at Auction Atrium’s reasonable discretion. The proceeds of such sale will be applied to pay for storage charges and any other outstanding costs and expenses owed by the Buyer to Auction Atrium and the remainder, if any, will be credited towards the Buyer further purchases, or be forfeited unless used by the Buyer within two years of the original auction.
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17) Rescission by Auction Atrium
Auction Atrium shall have the right, but not the obligation, to rescind a sale without notice to the Buyer, where they reasonably believe that there is a material breach of the Seller’s representations and warranties, or an adverse claim is made by a third party including but not limited to, someone claiming ownership of the Property or a foreign government or governmental agency. Upon notice of Auction Atrium’s election to rescind the sale, the Buyer will promptly return the Property to Auction Atrium. Auction Atrium will then refund the Hammer Price, Buyer’s Premium and VAT on the Lot paid to Auction Atrium. The refund shall constitute the sole remedy and recourse of Buyer against Auction Atrium and the Seller with respect to such claim
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18) Export And Import
Before bidding for any Property, bidders are advised to make their own enquiries as to whether a licence is required to export the Property from the United Kingdom. Bidders are advised that some countries prohibit the import of Property made of or incorporating (irrespective of percentage or age) animal material, such as but not limited to ivory, whalebone, rhinoceros horn or tortoiseshell. Accordingly, prior to bidding, Bidders considering export of the Property should familiarise themselves with relevant export and import regulations of the countries concerned. It is solely the Buyer’s responsibility to comply with these laws and to obtain any necessary export, import and endangered species licences and/or permits. Failure to obtain a licence or delay in so doing shall not constitute a basis to cancel a purchase or delay in making payment for a purchase.
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19) Private Treaty Sales
These Conditions of Sale shall also apply to any private treaty sale of Property by Auction Atrium.
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20) Limitation of Liability
20.1 Subject to Paragraph 21.3 below, Auction Atrium and the Seller’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance of the sale of a Lot shall be limited to the purchase price actually paid by the Buyer for the Lot.
20.2 Subject to paragraph 21.3 below, neither Auction Atrium nor the seller shall be liable to the buyer for any loss of profits, loss of business, loss of anticipated savings or for any special, indirect, incidental, or consequential loss, costs, damages, charges or expenses to the fullest extent permitted by law.
20.3 No provision in these Conditions of Sale shall be deemed to exclude or limit Auction Atrium liability to the Buyer in respect of any fraud or fraudulent misrepresentation made by them, or in respect of death or personal injury caused by their negligent acts or omissions.
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21) Use of Personal Information
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Bidders and Buyers agree that Auction Atrium may process their personal information which includes: (a) name and contact details and the name and contact details of their employees, agents or representatives; and (b) details of their use of auction and related services.
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Where the personal information concerns an employee, agent or other representative, Bidders or Buyers will undertake to bring this Paragraph to the attention of that individual and will ensure all relevant consents are given and maintained.
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Auction Atrium will use personal information of Bidders and Buyers for: (a) providing auction and related services; (b) record keeping for marketing; (c) tax and audit purposes; (d) credit check on Bidders(e) operating and enforcing these Conditions of Sale; (f) transferring Auction Atrium’s business to a purchaser of the business; and (g) resolving legal and regulatory matters.
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Auction Atrium may disclose this personal information to: (a) legal advisors of any person claiming that any use of services provided by Auction Atrium infringes any right or breaches any law, rule, regulation or order; (b) professional advisors and other third parties engaged to assist with the sale of Property; and (c) other parties as needed to assist Auction Atrium in recovering payment or otherwise enforcing a term or condition of this Agreement.
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Auction Atrium may use email and/or postal address of registered users for the purpose of marketing Auction Atrium’s services, but they will not sell, rent or otherwise transfer personal information to third parties.
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22) Copyright
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The copyright subsisting in all images and other materials produced for the auction is owned by Auction Atrium, and, subject to the provisions of the Copyright, Designs and Patents Act 1988, such images and materials may only be used at Auction Atrium’s discretion.
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For the avoidance of doubt, no rights in or title to the images and other materials produced for the auction shall be transferred to any third party by virtue of the sale of any Property to that third party, or otherwise howsoever
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23) Indemnification
Users of the Website, Sellers, Bidders, and Buyers, all agree to fully indemnify, defend and hold Auction Atrium harmless immediately upon demand from and against all actions, liability, claims, losses, damages, costs and expenses (including legal fees) that Auction Atrium incur arising directly or indirectly as a result of their breach of these Terms and Conditions.
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24) Notices
Except as otherwise stated, any notices that Users, Consignors, Bidders, and Buyers wish to send to Auction Atrium should be e-mailed to customer.service@auctionatrium.com quoting Item number and date of sale.
Auction Atrium will post general notices to the Website, and send Notices to individual Users Buyers, Bidders, and Sellers to the email address as stated in their registration form, or by fax and/or post by prior arrangement.
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25) Dispute Resolution
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These Conditions of Sale and all aspects of all matters, transactions or disputes to which they relate or apply shall be governed by and interpreted in accordance with English law.
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In the event of a dispute arising under or in connection with these Conditions of Sale, Bidders and Buyers irrevocably submit to the exclusive jurisdiction of the English courts for the benefit of the Seller and Auction Atrium, and Bidders and Buyers agree that the Seller and Auction Atrium shall have the right to bring proceedings in any Courts within or without England and Wales and waive any objection to the jurisdiction of such Courts on the grounds of venue or on the grounds that proceedings have been brought in an inappropriate forum.
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26) General
26.1 The rights, powers, privileges and remedies provided in these Conditions of Sale are cumulative and are not exclusive of any rights, powers, privileges or remedies provided by law or otherwise.
26.2 No failure to exercise nor any delay in exercising by any party of any right, power, privilege or remedy under these Conditions of Sale shall impair or operate as a waiver thereof in whole or in part.
26.3 No single or partial exercise of any right, power, privilege or remedy under these Conditions of Sale shall prevent any further or other exercise thereof or the exercise of any other right, powers, privilege or remedy.
26.4 Should any provision of these Conditions of Sale be held void, invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect.
26.5 These Conditions of Sale are not assignable by any Buyer without Auction Atrium’s prior written consent, but are binding on Buyer’s successors, assigns and representatives.
26.6 No term of these Conditions of Sale shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by anyone other than the Buyer.
26.7 Use of any gender includes the other genders, and use of the singular includes the plural and vice-versa.
26.8 The headings in these Conditions of Sale are inserted for convenience only and shall not affect the construction or interpretation of this Agreement.
26.9 These Conditions of Sale set out the entire agreement between Auction Atrium, Bidders and Buyers in respect of the transactions contemplated herein and supersede all prior and contemporaneous written, oral or implied understandings, representations and agreements between Auction Atrium, Bidders and/or Buyers relating to the subject matter of these Conditions of Sale.
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27) Information
For further information, or to seek an answer to any questions, about these Conditions of Sale, or any other provisions applicable to a sale, please email clients.account@auctionatrium.com.
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You can download a PDF version of our Terms & Conditions here
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