Terms and Condition for Buyers
These Terms and Conditions for Buyers (“Buyer Terms”) set out the terms and conditions on which Curated Auctions Limited, a company incorporated in Wales with company number 13551604 and having its registered office at 744 Sidcup Road, London, SE9 3NS, United Kingdom (“we”/“us”), offers items for sale at auction (“Lot”). By registering to bid and/or bidding on the Lot you acknowledge and agree that these Buyer Terms create a legally binding contract with you (“Bidder”, “Buyer” or “you” as applicable).
1. Our Role
- We sell the Lot as authorised agent for the seller and we are not responsible for any breach of these Buyer Terms by the seller. Each seller warrants to us, and for the benefit of the Buyer, that: (i) they are the sole legal and beneficial owner of the Lot, or that they are properly authorised by the owner to sell the Lot and retain such rights until the sale of the Lot by us; and that (ii) the Lot is free of all liens, charges and encumbrances of any nature. A contract for sale shall be formed automatically between the seller and the Buyer (being the highest bidder we accept, which is subject completion of our registration requirements set out in these Buyer Terms) when the bidding for the Lot closes.
- Our auctions, where members of the public attend or are given the possibility to attend, are considered ‘public auctions’ under the Consumer Contracts Regulations 2013. Please note that entry to all auctions is on a first come, first served basis, and due to space limitations, we may not always be able to guarantee entry on the day, so we ask that you, wherever possible, register your intention to attend in person at least 24 hours prior to the auction. Auctions that are not open for members of the public to attend are classified as ‘online only’ (“Online Only”). We will specify on our website www.curatedauctions.co.uk (“Site”) when the auction is Online Only.
- You agree to be bound by these Buyer Terms to the exclusion of the terms and conditions of any online platform on which the Lot has been advertised or any terms and conditions of the seller.
2. Description and Condition of Lots
- Any representation or statement provided by us, including in a catalogue, condition report, online description and information about the Lot, or otherwise, which relates to the origin, date, age, attribution, provenance, significance, authenticity, condition, value or estimated selling price of any Lot is a statement of opinion only and such statements do not constitute a representation, warranty, guarantee or assumption of liability by us in relation to the Lot and should not be relied upon as such. You are encouraged to consult an independent expert to verify any information about a Lot.
- Buyers are responsible for satisfying themselves concerning the condition of the Lot. All Lots are sold “as is”. Upon request we may supply a condition report for information only, which will be based on a visual inspection of each Lot without disassembly or further investigation of physical condition, and on information reasonably available to us at the time. Information in condition reports is provided after due consideration and to the best of our knowledge and experience, but cannot be taken as a statement of fact, or a guarantee, including whether mechanical or electrical parts are functioning correctly or at all.
- All dimensions, weights or other measurements provided are approximate. Colours of any image depicted in any catalogue, on our Site or otherwise may not appear the same as colours perceived on physical inspection. Due to the varying quality of images, images of the Lot are not definitive and must not be relied on by you. If you require additional images of a Lot, please contact us.
- CONDITION REPORTS: Lots offered for sale will be available for viewing in person at such place and times as are advised. We always recommend inspection in person. Prospective buyers are strongly advised to examine personally any goods in which they are interested BEFORE the auction takes place. Whilst every care is taken in the accuracy of condition reports, Curated Auctions provide no other guarantee to the buyer other than in relation to forgeries. Many items are of an age or nature which precludes their being in perfect condition and some descriptions in the catalogue or given by way of condition report make reference to damage and/or restoration. We provide this information for guidance only and will not be held responsible for oversights concerning defects or restoration, nor does a reference to a particular defect imply the absence of any others. Prospective purchasers must accept these reports as genuine efforts by Curated Auctions or must take other steps to verify condition of lots.
- All images, written content and other materials relating to the Lot (“Content”) that we may make available to you is either prepared by us or on our behalf, or licensed to us. All Content is protected by intellectual property right, including copyright and trademark which may not be used by you without our prior written consent. All intellectual property rights in the Content are hereby reserved and our moral rights are hereby asserted.
3. Registration and Bidding
- To bid on the Lot through the Site, you will need to create an account on the Site. There is a surcharge of 1% of the hammer price to bid live through our website.
- If you are bidding on the Lot in person, we will require evidence in advance of the sale that you have registered via our Site.
- If the Lot is listed on a third party platform, and you bid directly via the third party platform with whom you are already registered, registration on our Site will not be a pre-requisite to bid. However, we reserve the right to require you to register on our Site in the event you are the highest bidder in order to fulfil the requirements set out in Clause 3(d) for our mandatory Know your Customer (KYC) procedures before we can accept your bid. You are therefore advised to register on our Site before bidding on the Lots via third party platforms and/or in person to avoid delays and disappointment.
- To bid on Lots above 10,000 EUR (either one item or via linked transactions) (the “AML Threshold”), we are required to carry out KYC procedures under the Anti Money Laundering Regulations. If in our reasonable opinion you do not satisfy our registration and KYC procedures, we shall have no obligation to accept your bid and we refer you to our rights set out in Clause 10.
- For more information, please read our Privacy Notice available on our Site, which sets out how we protect the personal information that we collect.
- Most Lots are offered subject to a reserve below which the Lot will not be sold. The level of the reserve is confidential between the Seller and us, but it will not be higher than the low estimate.
- We will charge a buyer’s fee of 25% on the hammer price of each Lot (“Buyer’s Fee”). This charge is subject to VAT.
- Payment of the highest bid accepted by us for the Lot and the Buyer’s Fee including all taxes and where applicable the artist re-sale royalty (together “Purchase Price”) and any additional fees and charges is due no later than 5 calendar days after the sale (“Due Date”). Payment can be made only by the registered bidder. Payment instructions will be given on the relevant invoice and will be in pounds sterling (“GBP”). The amount received after the deduction of any bank fees and/ or conversion of the currency of payment to GBP must not be less than the GBP payable, as set out on the invoice and the Buyer is responsible for any shortfall caused by currency exchange or bank charges. Please note that we do not accept payment by cash.
- For qualifying Lots where artist re-sale royalties apply, we will collect from you an amount equal to the re-sale royalty for the Lot and pass this to the relevant collecting agency. This will appear as a separate line on your invoice and is described as the “Artists Re-sale Right”.
- All additional fees and charges, referred to or arising in these Buyer Terms are exclusive of VAT, which may apply.
- Where applicable, we will use the VAT Margin Scheme. In this event, VAT will not be charged on the hammer price, but VAT at 20% will be added to the Buyer’s Fee but will not be shown separately on the invoice. Where the VAT Margin Scheme does not apply, we will invoice under the applicable VAT rates on both the hammer price and Buyer’s Fee, which will be shown separately on the invoice.
- If you fail to make full payment of the Purchase Price and any additional fees and charges by the Due Date, we shall be entitled to charge interest on the overdue amount at the rate of 8% per annum above the Bank of England Bank Rate from time to time and to charge for our reasonable storage and handling charges.
- Due to the rise in cyber-attacks, you should confirm the details on our invoice are correct and have not been intercepted by confirming the details with us by telephone at +44 (0)207 101 3907 before sending electronic payments as we shall not be liable if payment instructions are intercepted and payments do not reach us.
- No Lot will be released and legal title will not pass to the Buyer until we have received due payment in full of the Purchase Price and all sums owed to us by you.
- Risk in any Lot will pass to the Buyer on the earlier of (i) collection of the Lot by you or on your behalf, or (ii) the Due Date for payment for the Lot.
- All Lots must be collected from us as notified to you post sale and, in any case, within 14 days of the sale. Whilst we may recommend or refer third party shippers to assist you with collection of the Lot, you shall be responsible for arranging collection and instructing and paying such shippers. Storage and handling fees will be charged in relation to Lots left uncollected after that date. In the event that the Lot remains uncollected for a period of 90 days after notification pursuant to this Clause 5(c), we have the right to do any of the following: (i) deliver the Lot to your last known address (at your cost); (ii) arrange for the Lot to be stored at a third party storage facility solely at your cost; (iii) exercise all the rights and remedies of a person holding security over any property in their possession owned by you, whether by way of pledge, security interest or in any other way as permitted by the law of the place where such property is located. You will be deemed to have granted such security to us and we may retain such property (including the Lot) as collateral security for your obligations to us; and (iv) sell the Lot by any method we deem appropriate in our discretion in order to cover outstanding fees, expenses, storage or transit costs. Any remaining amounts shall be paid to you, which may be by cheque sent to your last known address.
- A Lot which has been collected from us by you or a shipper acting on your behalf is deemed to have been delivered to you by us at the time of such collection. We will not release a Lot to any third party (including a shipper) unless you have notified us in writing that such third party is authorised to collect the Lot.
6. Export and Permits
- It is your responsibility to ensure that you ascertain and pay any applicable international duties, custom charges, taxes, tariffs and import duties to the appropriate authority and in the manner prescribed by the laws to which your import is subject.
- We may use the “†” to indicate that a Lot requires an export licence to leave the UK. Any such notices accompanying the Lot reflect our reasonable opinion at the time of writing such notice and are for general guidance only. We make no representations or warranties as to whether any Lot is or is not subject to export or import restrictions or any embargoes. It is your responsibility to determine the relevant requirements for export and import prior to bidding. Your inability to export or import a Lot is not a basis for cancellation or rescission of sale.
- A Lot containing certain endangered species may require a CITES permit upon export from the UK and a corresponding CITES permit licence upon import into another country. If you purchase a Lot requiring a CITES permit, it is your responsibility to obtain it, and we cannot accept rescission of the sale or delay in payment and we cannot offer a refund if you are unable to obtain a permit. We may use “ ” to indicate that a Lot requires a CITES permit. Any such notices accompanying the Lot reflect our reasonable opinion at the time of writing such notice and are for general guidance only.
- We recommend that you check the export/ import requirements and sale restrictions prior to placing a bid on a Lot.
- Where the Lot is a sale for export, being that it shall be delivered outside the UK within 90 days of the auction, the Buyer shall, and shall procure that its shippers or representatives shall comply with all requirements of HM Revenue & Customs in completing and providing all necessary documentation, including proofs of export and Bills of Lading, to us within the prescribed time limits. The Buyer hereby indemnifies us against any claims or costs made against or incurred by us for VAT or any other costs, expenses, liabilities, demands, penalties incurred by reason of the Buyer’s failure to comply with the formalities referred to in this paragraph.
- Laws, regulations and import requirements relating to cultural objects and antiquities differ greatly between different jurisdictions, as does recognition of good title to such objects. Some countries may also enter into specific agreement with one another relating to the import and export of cultural property. As is typical for antiquity, the Lot may have previous owners or export history that is unknown. Whilst we endeavour to provide all relevant historical provenance in our possession and provided to us by the seller, we cannot warrant or represent the accuracy or completeness of such detail, or that this will be sufficient to import the Lot, or to give you unencumbered title in every country throughout the world. You are encouraged to seek professional advice in the destination country prior to importing the Lot.
- We are not liable (i) for the statements, data, information and opinions of others nor (ii) for any deterioration of the Lot after collection. Save for where clause 7(b) applies, we exclude any liability for breach of any term, warranty or condition which may be implied by the Sale of Goods Act 1979. Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the Buyer Terms, shall be limited to the hammer price of the Lot in question. We shall not be liable for any loss of profits, loss of business, goodwill, 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. Nothing herein excludes our liability for (a) death or personal injury caused by our negligence or (b) fraud or fraudulent misrepresentation.
- Notwithstanding clause 7(a) above, if you are a Consumer pursuant to the Consumer Rights Act 2015, we shall not be liable for any loss or damage that is not foreseeable (loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time the contract was formed).
8. Connectivity and Technical Issues
- For online auctions through our Site, our final record of bids accepted by us will be taken as absolute and final in all disputes and our record of sale will prevail in the event of a discrepancy between any online records or messages provided to you and our record of sale.
- If within 21 days of the sale of any Lot, the Buyer gives written notice to us that the Lot is a forgery and demonstrates to our satisfaction that the Lot is a forgery, provided that the Lot is returned to us in the same condition as when it was sold, and within any reasonable timescale notified by us, we will rescind the sale and refund the Purchase Price received and the cost of reasonable return. For this purpose, a ‘forgery’ is defined as a work created with the intent to deceive’. We may request that the Buyer provides two written opinions (procured at the Buyer’s cost) or recognised independent experts to evidence its assertion that the Lot is a forgery. The Buyer should not return the Lot to us until we have requested the return, and the Buyer does so at its own risk. We shall be entitled to consider and investigate allegations that the Lot is a forgery and to arrange inspections of the Lot, either at our premises or third party controlled premises in the case the Lot has been exported from the UK. We shall endeavour to resolve the matter within a reasonable period of time and the Buyer agrees to act in good faith whilst we carry out our assessment.
- Without liability to you, we may at our option: (i) withdraw any Lot at any time prior to or during the sale of the Lot; (ii) cancel, postpone or make changes to the auction.
- In addition to our rights set out in these Buyer Terms, where we reasonably believe that completing the transaction is or may be unlawful or places us or the seller under any liability to anyone else or may damage our reputation, or the bid or source of funds may be linked to criminal activity, or we consider that you have breached these Buyer Terms or the Seller has breached the Terms and Conditions for Sellers, then we reserve the right to: (i) reject, revoke or refuse to accept any bid (even those that have been previously accepted); (ii) restart or continue the bidding even if the bidding has finished; or (iii) determine the successful bidder or re-offer the Lot for sale.
- We reserve the right to reject, revoke or refuse to accept any bid (even those that have been previously accepted) in the event that you do not complete the mandatory registration requirements set out in these Buyer Terms, including providing the necessary KYC documentation to allow us to complete our mandatory KYC procedures under the Anti Money Laundering Regulations to which we are subject, or if such KYC documentation is not satisfactory to us.
- In the event of Online Only auctions where it is not possible to attend in person or to inspect the Lot and only if you are a Consumer pursuant to the EU Consumer Rights Directive and habitually reside in the UK or European Union, you have the right to cancel the purchase of a Lot without cause at any time up to the end of 14 calendar days after the date that the Lot is made available for collection (the “Cancellation Period”). You must notify us of your decision to cancel by a clear statement (e.g. a letter sent by post or email), before the Cancellation Period expires. A model cancellation form is set out below. If you cancel the sale during the Cancellation Period, we will reimburse the Purchase Price using the same payment method as the initial purchase. You must send back the Lot or hand deliver it to the address specified by us, without undue delay and in any event no later than 14 calendar days from the day on which you notify us of cancellation. You shall bear the cost of returning the Lot, including any shipping, packing, insurance and import duties incurred as a result of the return. You are liable for any diminished value of the Lot if handling of the Lot went beyond what was necessary to establish the nature and characteristics of the Lot. If the Lot is returned damaged, we will deduct from the refund a reasonable amount for the cost of repair or loss in value resulting from such damage.
Model Cancellation Form
To: Curated Auctions Limited – firstname.lastname@example.org
I hereby give notice that I cancel my contract for the sale of the following Lot ordered/received on:
Name and address of Consumer:
Signature of Consumer (only if this form is notified on paper) and date:
- These Buyer Terms and the documents referred to in it constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to the subject matter, including any confidentiality or non-disclosure agreement previously entered into between the parties.
- A waiver of any right or remedy under these Buyer Terms or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A failure or delay by a party to exercise any right or remedy provided under these Buyer Terms or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these Buyer Terms or by law shall prevent or restrict the further exercise of that or any other right or remedy.
- The Buyer shall not be entitled to the benefit of any set-off and sums payable to us shall be paid without any deduction whatsoever. The Buyer shall not be entitled to assign or otherwise transfer this agreement or the rights therein without our prior written consent.
- If a court finds that any part of these Buyer Terms is not valid, or is illegal or impossible to enforce, that part of these Buyer Terms will be treated as being deleted, and the rest of these Buyer Terms will not be affected.
- A person who is not a party to these Buyer Terms shall have no rights or remedies pursuant to them whether or not pursuant to the Contracts (Rights of Third Parties) Act 1999.
- No variation of any of the terms of these Buyer Terms shall be valid unless it is in writing and signed by or on behalf of each of the parties hereto.
- Any notice to be given hereunder shall be in writing and sent to or delivered to our registered office or to the email addresses of the parties as notified. Any notice shall be sufficiently served either if delivered personally, sent by pre-paid first class post, or recorded delivery or registered post, registered airmail in the case of an address of service outside the United Kingdom or email. Any notice if posted shall be deemed to have been served at the time when in the ordinary course of post such notice would have been received and if delivered by hand shall take effect on delivery. Emails are deemed received on the day of receipt if during normal business hours in the recipient country, otherwise the next business day.
- Neither party shall be liable for total or partial failure to perform any of its obligations or duties under these Buyer Terms to the extent that such failure arises in consequence of any force majeure event, industrial dispute, fire, flood, pandemic, mobilisation, requisition, embargo, currency restrictions, insurrection, acts of government, war, acts of terrorism or any circumstances which are beyond their reasonable control. If such event or circumstances prevents either party from fulfilling its obligations under these Buyer Terms for more than six (6) weeks, the other party shall have the right, without limiting its other rights or remedies, to terminate this agreement with immediate effect by giving written notice to the other party.
- These Buyer Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales and shall be subject to the exclusive jurisdiction of the courts of England and Wales.