Terms & Conditions
Terms & Conditions
Overview
These Conditions and any disputes or claims arising out of it or their subject matter are governed by and construed in accordance with the law of England. English courts have exclusive jurisdiction to settle any dispute or claim that arises.
Flints Auctions Ltd act as agents of the Vendor only. Any contract for the sale of a Lot will be formed between the Vendor and the Buyer.
By bidding at the auction, you agree to be bound by these terms
The Auction
All Auctions shall be conducted at the absolute discretion of the Auctioneer.
The Auctioneer shall have the right to refuse any bid which does not exceed the previous bid by at least 10% or by such greater proportion as the Auctioneer shall direct.
Where two or more bids at the same level are simultaneously received by the Auctioneer, the Auctioneer at his/her absolute discretion shall determine which bid to prefer. Subject to the foregoing, where two or more bids at the same level are simultaneously received by the Auctioneer, any bid by a Bidder personally present at an Auction shall take preference over any bid submitted by other means. Any bid made by telephone or over the internet shall be deemed to have been made only if received by the Auctioneer.
Flints Auctions Ltd, at its absolute discretion, has the right to refuse admission to its premises or attendance at (or participation in) any Auction by any person.
All members of the public at the auction or storage premises of Flints Auctions Ltd are there at their own risk.
Descriptions & Conditions
All lots are offered subject to the 'Terms & Conditions' described here and on the-saleroom.com website. For full terms and conditions of sale, please contact our auction office.
A buyer's premium of 24% plus VAT is payable on all lots, with an additional 5% for internet bidding making a total of 28.8% plus VAT (with exemption of Flints Live).
All descriptions and conditions, written or verbal, of lots are based upon information provided by the seller and our opinion, not fact. Lots are sold to the buyer on an 'as seen' basis which may include faults or imperfections. Photographs included in this catalogue are for a guide and may not represent accurate reproduction or colour of a lot. All measurements and sizes are approximate. However, in so far as we have examined the goods and make a representation about their condition, we shall be liable for any defect which that examination ought to have been revealed to the auctioneer but which would not have been revealed to the buyer had the buyer examined the goods.
It is the responsibility of the Buyer, to examine any lot prior to bidding to satisfy himself/herself regarding condition, provenance, period, age, quality, origin and value. Given the age of the lots, they may have been damaged or repaired so you should not assume that a lot is in 'good' condition. Electronic or mechanical parts may not operate as intended and all lots are sold as items of interest for display purposes only.
Condition reports are provided on our website or upon request, however, large numbers of requests received shortly before the auction may not receive a response.
Forgeries
Any lot which proves to be a deliberate forgery may be returned to us within 21 days of the auction provided it is in the same condition as when bought and accompanied by particulars identifying it from the relevant catalogue description and a written statement of it's defects. If we are satisfied from the evidence presented that the lot is a deliberate forgery we shall refund the money paid by you for the lot including any buyers premium.
Jewellery
Historically many gemstones have been subjected to a variety of treatments to enhance their appearance. Sapphires and rubies are routinely heat treated to improve their colour and clarity, similarly emeralds are frequently treated with oils or resin for the same purpose. Other treatments such as staining, irradiation or coating may have been used on other gem stones. These treatments may be permanent, whilst others may need special care or re-treatment over the years to retain their appearance.
Estimates
The estimate is printed underneath the lot. Estimates are only an expression of Flints Actions opinion made on behalf of the vendor of the lot is likely to fall, it is not an estimate of value. Prices depend on the bidding and can sell for hammer prices below or above the estimates, so estimates should not be relied upon as an indication of the actual selling price or value of a Lot. Estimates are in the currency of the sale.
Shipping
For information and estimates on shipping, either domestic or international, please contact us at info@flintsauctions.com or +44 (0) 20 3086 8550.
CITES
Please be aware that all lots marked with the symbol § and are subject to CITES regulations when exporting these items outside the EU. Regulations may be found at www.ukcites.gov.uk.
Bidding
Bidders are required to register their details before the auction commences and the lots will be invoiced to the name and address on the registration form. Some form of identification may be required if you are unknown to us.
The Buyer accepts full liability for all bids submitted, via any means.
Bidders using the live bidding facility on the-saleroom.com are agreeing to the terms and conditions of sale for Flints Auctions Ltd and ATG terms of use. Any successful bids using the live bidding facility will be subject to the usual Buyer's Premium, plus a surcharge of 5% plus VAT.
Flints Auctions Ltd will not be responsible for service delays, interruptions or other failures to make a bid caused by losses of internet connection, fault or failure with the website or bidding process, or malfunction of any software or system, computer or mobile device.
Commission bids left with the auctioneer indicate the highest amount to be bid excluding the buyers premium. They will be executed as cheaply as possible having regard for the reserve (if any) and competing bids. If two buyers submit identical commission bids the auctioneer will prefer the first bid received.
Subject to the conditions above, the highest Bidder at the Hammer Price shall be the Buyer. Any dispute about a bid shall be settled at the Auctioneer's absolute discretion.
Bidders are deemed to act as principals unless there is a written prior acknowledgement by Flints Auctions Ltd that a Bidder is acting as an agent for a named principal.
Bidders shall be responsible for any decision to bid for a Lot and shall be deemed to have satisfied themselves as to its condition. Neither Flints Auctions Ltd nor its employees or agents shall be responsible for any neglect or default in doing or failing to do so.
Cataloguing is undertaken with reasonable skill and care. Neither Flints Auctions Ltd nor its employees and agents nor the Vendor accept liability for the accuracy of such opinions, and all conditions and warranties, expressed, implied or statutory are hereby excluded.
Buying
As soon as a Lot is sold, the Buyer shall pay to Flints Auctions Ltd the total amount due and give Flints Auctions Ltd their name and address and if requested, proof of identity, if all information is not already held.
Cheques are not acceptable by Flints Auctions Ltd (unless Flints Auctions Ltd in its absolute discretion permits payment by such method) nor are third party references or credit facilities with other Auction houses. If a cheque is tendered Flints Auctions Ltd reserves the right to instruct its bank to check the Buyer's status and account balance before exercising any discretion. Payment by debit or credit card are accepted, there are no additional charges for payment by this method.
The Buyer will pay the Hammer Price and a premium of 24% plus Value Added Tax charged at the rate current at the date of sale.
Lots may in addition have Value Added Tax on the Hammer Price. In this case, such lots will be indicated with an asterisk (§) in the catalogue.
In addition to all other charges, Buyers will pay a further charge of 5% + VAT of the Hammer Price if lots are successfully purchased online via the-saleroom.com, Live Auctioneers or Invaluable.
Non-UK registered buyers can have some classes of VAT refunded on their purchases. However please note that VAT on buyer's premium is always payable wherever the buyer is domiciled or wherever the goods are to be sent.
Ownership of Lots purchased does not pass to the Buyer until payment in full is made to Flints Auctions Ltd.
Collection: Buyers are responsible for taking away any lot they have purchased within 10 days of the auction date. Please call the office or email to make an appointment to collect purchased lots.
Flints Auctions Ltd will give 10 day's notice if any storage or insurance costs are due from non-collection
Shipping: Any shipping costs must be paid in advance by the Buyer this charge will be added to the invoice.
Flints Auctions Ltd acts as agent for the Vendor, and is not responsible for default by the Buyer.
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, Flints Auctions Ltd as agents for the Vendor shall at its absolute discretion and without prejudice to any other rights it may have, be entitled to exercise all or any of the following rights and remedies:
i) to proceed against the Buyer for an action for debt or damages for breach of contract;
ii) to rescind the sale of that Lot and/or any other Lots sold by Flints Auctions Ltd to the defaulting Buyer;
iii) to re-sell the Lot by Auction or private treaty. If a lower Hammer Price is achieved on the re-sale than that achieved on the original sale the defaulting Buyer shall be liable for the difference;
iv) to remove, store and insure the Lot at the expense of the defaulting Buyer;
v) to retain that or any other Lot sold to the defaulting Buyer until
that Buyer pays the total amount due;
vi) to reject or ignore bids from the defaulting Buyer at future Auctions or to impose conditions before any such bids shall be accepted.
Shipping Terms
Shipping
Flints Auctions Ltd has a specialist in-house shipping department. We can ship all types of delicate instruments, cameras and collectables. Whatever you buy in our sale we can ship to any location in the world.
UK Shipping
We use the best carriers to ship your items, including Fedex, DHL and TNT. We do not use economy carriers.
Worldwide Shipping
We use the best carriers to ship your items including Fedex, DHL and TNT. We do not use economy carriers. We provide all the correct and necessary customs declarations and commercial invoices to make sure your items reach you with minimum delay.
Shipping Systems
We always use the most suitable shipping materials, boxes, foam and tape to provide a range of custom packaging systems to help with unusual shapes and sizes, or particularly fragile items which require specialist packaging. We offer bespoke packaging and handling, this includes foam packs, custom cartons and full wooden crating. We use the most up-to-date techniques and are happy to consult with you on the best packaging methods.
Our skill in secure packing and custom boxing means that any item, no matter how precious or fragile, will be safe in our hands.
Shipping Insurance
Our shipping insurance service (Shipping insurance charged at 1.5% +VAT of the invoice total) is designed to give you the peace of mind should the unthinkable happen - damage or loss of your package during transit. With Enhanced Cover, we will compensate you for the inconvenience of repair or replacement.
Benefits include;
No excess to pay in the event of a claim
Simple paperwork
Parcel tracking
Proof of delivery
Our shipping insurance is based on the declared value of your shipment and is only applicable if we pack your goods. Our shipping insurance is available up to a maximum of £20,000 per consignment. If your consignment has a value of more than this, we will be happy to discuss options for cover with you.
Export Licences and Restricted Items
A licence from the Department of Trade will be required before certain items such as weapons or firearms and items related to endangered species such as ivory can be shipped. It is the responsibility of the buyer to arrange these licenses, but we are happy to provide advice and assistance. Please contact us for more details if you are unsure at info@flintsauctions.com.
