CONDITIONS OF SALE
IMPORTANT INFORMATION
SHIPPING. Please note shipping is more expensive in the UK than in USA and buyers should be aware that it will not be economic to purchase low value lots for shipping abroad. The auctioneers do not ship direct themselves but can put buyers in touch with shippers
REGISTRATION. All internet bidders must register with us before placing any commission bids or bidding live during the auction
BUYERS PREMIUM Internet buyers on Invaluable agree to pay a buyers premium at a total of 36% on the hammer price, inclusive of in-house buyers premium, online buyers premium and Value Added Tax at 20% on that buyers premium.
(For example on a purchase at £100 hammer price the buyer will pay a buyers premium of £136, inclusive of VAT (at 20%). In house buyers premium is 25%, plus VAT = 30%. Invaluable online charge is 5% plus VAT.
NOTE Where goods are being exported from the European Union VAT is payable on buyers premium, but it can be reclaimed on export. PLEASE NOTE THAT THIS TOTAL INCLUDES THE ADDITIONAL CHARGES FOR PURCHASING LIVE ON LINE OF 6% INCLUSIVE OF VAT. CHARGES ON OTHER BIDDING PLATFORMS MAY VARY.
COLLECTION. Any delay beyond five working days from the date of sale will involve buyers in paying our storage charges calculated at £5.00 per lot per day unless prior alternative arrangements have been agreed. NO LOTS MAY BE REMOVED IN RESPECT OF PAYMENTS UNTIL FUNDS ARE CLEARED IN OUR ACCOUNT.
ARTISTS RESALE RIGHTS Saleroom notice:Artist's Resale Rights Regulations 2006 may apply to some lots marked § Please note that by bidding in this sale you agree that if you are the successful bidder for a lot covered by these regulations you will pay an amount equal to the resale royalty, and this amount will be added to your invoice (in addition to Buyers Premium) at a maximum rate of 4% of the hammer price for lots sold for a price in excess of the equivalent of 1,000 Euros. We undertake to the buyer to pay such amount to the artist's collection agent.
CONDITION REPORTS . Where immediately available these are included in the catalogue. If there is no report or you require further information or further images please advise us and we shall endeavour to post these on the site as soon as possible. Condition reports, were requested are always posted on the Ewbanks website (www.ewbanks.co.uk), bidding platforms may not always be updated before the sale so it is advisable to check our website. PLEASE BE PATIENT AS SOMETIMES WE MAY BE UNABLE TO DEAL WITH YOUR REQUEST IMMEDIATELY. ALL ENQUIRIES ARE DEALT WITH IN THE ORDER RECEIVED.
METHODS OF PAYMENT. INTERNET BIDDERS MUST MAKE PAYMENT WITHIN 5 WORKING DAYS BY DEBIT OR CREDIT CARD OR BY BANK TRANSFER. FOR BANK TRANSFERS CONTACT US FOR OUR BANK DETAILS AFTER SECURING YOUR PURCHASE. There are no card processing fees.
OTHER INFORMATION FOR BUYERS
1. Introduction. The following informative notes are intended to assist Buyers, particularly those inexperienced or new to our salerooms. All sales are conducted on our printed Conditions of Sale which are set out below and normally accompany catalogues. Our staff will be happy to help you if there is anything you do not fully understand.
2. Agency. As auctioneers we usually contract as agents for the seller whose identity, for reasons of confidentiality, is not normally disclosed. Accordingly if you buy your primary contract is with the seller.
3. Estimates. Estimates are designed to help buyers gauge what sort of sum might be involved for the purchase of a particular lot. The lower estimate may represent the reserve price and certainly will not be below it. Estimates do not include the Buyer's Premium or VAT (where chargeable). Estimates are prepared some time before the sale and may be altered by announcement before the sale. They are in no sense definitive.
4. Buyer's Premium. See above
5. VAT. (†) indicates that VAT is payable by the purchaser at the standard rate (presently 20%) on the hammer price on the marked lot as well as being an element in the buyer's premium. This imposition of VAT is likely to be because the seller is registered for VAT within the European Union and is not operating the Dealers Margin Scheme or because VAT is due at 20% on importation into the UK. The double symbol (**) indicates that the lot has been imported from outside the European Union and the present position is that these lots are liable to a reduced rate of VAT (5%) on the gross lot price (i.e. both the hammer price and the buyer's premium). Lots which appear without either of the above symbols indicate that no VAT is payable on the hammer price. This is because such lots are sold using the Auctioneers' Margin Scheme.
6. We are, primarily, agents for the seller. We are dependent on information provided by the seller and whilst we may inspect lots and act reasonably in taking a general view about them we are normally unable to carry out a detailed or any examination of lots in order to ascertain their condition in the way in which it would be wise for a buyer to do. Intending buyers have ample opportunity for inspection of goods and, therefore, accept responsibility for inspecting and investigating lots in which they may be interested. Please note carefully the exclusion of liability for the condition of lots contained in the Conditions of Sale.. Neither the seller nor we, as the auctioneers, accept any responsibility for their condition. In particular, mechanical objects of any age are not guaranteed to be in working order. 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 revealed to the auctioneer but which would not have been revealed to the buyer had the buyer examined the goods. Additionally, in specified circumstances lots misdescribed because they are 'deliberate forgeries' may be returned and repayment made. There is a 3 week time limit from the date of the sale. (The expression 'deliberate forgery' is defined in our Conditions of Sale).
7. Electrical goods. These are sold as 'antiques' only and if bought for use must be checked over for compliance with safety regulations by a qualified electrician first.
8. Export of goods. Buyers intending to export goods should ascertain (a) whether an export licence is required and (b) whether there is any specific prohibition on importing goods of that character because, e.g. they may contain prohibited materials such as ivory.
9. Bidding. Bidders may be required to register before the sale commences and 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.
10. Commission bidding. Commission bids may be left with the auctioneers indicating the maximum amount to be bid excluding buyers' premium. They will be executed as cheaply as possible having regard to the reserve (if any) and competing bids. If two buyers submit identical commission bids the auctioneers may prefer the first bid received. Please enquire in advance about our arrangements for the leaving of commission bids by telephone or FAX.
11 Collection and storage. Please note what the Conditions of Sale state about collection and storage. It is important that goods are paid for and collected promptly. Any delay may involve the buyer in paying storage charges.
EXPLANATION OF PICTURE CATALOGUING TERMS
Any statement as to authorship, attribution, origin, date, age, provenance and condition is a statement of opinion and is not to be taken as a statement of representation of fact. The Auctioneers reserve the right, in forming their opinion, to consult and rely upon any expert or authority considered by them to be reliable.
The forename(s) and surname of the artist: In our opinion a work by the artist.
The initials of the forename(s) and the surname of the artist: In our opinion a work of the period of the artist which may be wholly, or in part his work.
The surname only of the artist: In our opinion a work of the school or by one of the followers of the artist or in his style and of uncertain date.
'English School', 'Italian School': etc: In our opinion a work executed at a later date that the style may suggest.
'Signed': Has a signature which in our opinion is a recognised signature.
'Dated': Is so date and in our opinion was executed at that date.
The term 'bears' a signature and/or date and/or an inscription: Means that in our opinion the artist's name and/or date and/or inscription have been added by another hand.
Measurements: Height precedes width.
CONDITIONS OF SALE
Ewbank Auctioneers carries on business with bidders, buyers and all those present in the auction room prior to or in connection with a sale on the following General Conditions and on such other terms, conditions and notices as may be referred to herein.
1. DEFINITIONS
In these Conditions:
(a) "auctioneer" means the firm of Ewbank Auctioneers or its authorised auctioneer, as appropriate;
(b) "deliberate forgery" means an imitation made with the intention of deceiving as to authorship, origin, date, age, period, culture or source but which is unequivocally described in the catalogue as being the work of a particular creator and which at the date of the sale had a value materially less than it would have had if it had been in accordance with the description;
(c) "hammer price" means the level of bidding reached (at or above any reserve) when the auctioneer brings down the hammer;
(d) "terms of consignment" means the stipulated terms and rates of commission on which Ewbank Auctioneers accepts instructions from sellers or their agents;
(e) "total amount due" means the hammer price in respect of the lot sold together with any premium, Value Added Tax chargeable and any additional charges payable by a defaulting buyer under these Conditions;
(f) "sale proceeds" means the net amount due to the seller, being the hammer price of the lot sold less commission at the stated rate, Value Added Tax chargeable and any other amounts due to us by the seller in whatever capacity and however arising;
(g) "You", "Your", etc. refer to the buyer as identified in Condition 2.
(h) The singular includes the plural and vice versa as appropriate.
2. BIDDING PROCEDURES AND THE BUYER
(a) Bidders are required to register their particulars before bidding and to satisfy any security arrangements before entering the auction room to view or bid;
(b) the maker of the highest bid accepted by the auctioneer conducting the sale shall be the buyer at the hammer price and any dispute about a bid shall be settled at the auctioneer's absolute discretion by reoffering the Lot during the course of the auction or otherwise. The auctioneer shall act reasonably in exercising this discretion.
(c) Bidders shall be deemed to act as principals.
(d) Our right to bid on behalf of the seller is expressly reserved up to the amount of any reserve and the right to refuse any bid is also reserved.
3. INCREMENTS
Bidding increments shall be at the auctioneer's sole discretion.
4. VALUE ADDED TAX
Value Added Tax on the hammer price is imposed by law on all items affixed with a '†' or double asterisk. Value Added Tax is charged at the appropriate rate prevailing by law at the date of sale and is payable by buyers of relevant Lots. (Please refer to "Information for Buyers" for a brief explanation of the VAT position).
5. PAYMENT
(1) Immediately a Lot is sold you will:
(a) give to us, if requested, proof of identity, and
(b) pay to us the total amount due in cash(In House Only) or in such other way as is agreed by us.
(2) Any payments by you to us may be applied by us towards any sums owing from you to us on any account whatever without regard to any directions of you or your agent, whether express or implied.
6. TITLE AND COLLECTION OF PURCHASES
(1) The ownership of any Lots purchased shall not pass to you until you have made payment in full to us of the total amount due.
(2) You shall at your own risk and expense take away any lots that you have purchased and paid for not later than 5 working days following the day of the auction or upon the clearance of any cheque used for payment after which you shall be responsible for any removal, storage and Loss and Damage Warranty charges.
(3) No purchase can be claimed or removed until it has been paid for.
7. REMEDIES FOR NON-PAYMENT OR FAILURE TO COLLECT PURCHASES
(1) If any Lot is not paid for in full and taken away in accordance with these Conditions or if there is any other breach of these Conditions, we, as agent for the seller and on our own behalf, shall at our absolute discretion and without prejudice to any other rights we may have, be entitled to exercise one or more of the following rights and remedies:
(a) to proceed against you for damages for breach of contract;
(b) to rescind the sale of that Lot and/or any other Lots sold by us to you;
(c) to resell the Lot (by auction or private treaty) in which case you shall be responsible for any resulting deficiency in the total amount due (after crediting any part payment and adding any resale costs). Any surplus so arising shall belong to the seller;
(d) to remove, store and insure the Lot at your expense and, in the case of storage, either at our premises or elsewhere;
(e) to charge interest at a rate not exceeding 1.5% per month on the total amount due to the extent it remains unpaid for more than 3 working days after the sale;
(f) to retain that or any other Lot sold to you until you pay the total amount due;
(g) to reject or ignore bids from you or your agent at future auctions or to impose conditions before any such bids shall be accepted;
(2) to apply any proceeds of sale of other Lots due or in future becoming due to you towards the settlement of the total amount due and to exercise a lien (that is a right to retain possession of) any of your property in our possession for any purpose until the debt due is satisfied.
(3) We shall, as agent for the seller and on our own behalf pursue these rights
and remedies only so far as is reasonable to make appropriate recovery in
respect of breach of these conditions
8. THIRD PARTY LIABILITY
All members of the public on our premises are there at their own risk and must note the lay-out of the accommodation and security arrangements. Accordingly neither the auctioneer nor our employees or agents shall incur liability for death or personal injury (except as required by law by reason of our negligence) or similarly for the safety of the property of persons visiting prior to or at a sale.
9. COMMISSION BIDS
Whilst prospective buyers are strongly advised to attend the auction and are always responsible for any decision to bid for a particular Lot and shall be assumed to have carefully inspected and satisfied themselves as to its condition we will if so instructed clearly and in writing execute bids on their behalf. Neither the auctioneer nor our employees or agents shall be responsible for any failure to do so save where such failure is unreasonable. Where two or more commission bids at the same level are recorded we reserve the right in our absolute discretion to prefer the first bid so made.
10. WARRANTY OF TITLE AND AVAILABILITY
The seller warrants to the auctioneer and you that the seller is the true owner of the property consigned or is properly authorised by the true owner to consign it for sale and is able to transfer good and marketable title to the property free from any third party claims.
11. AGENCY
The auctioneer normally acts as agent only and disclaims any responsibility for default by sellers or buyers.
12. TERMS OF SALE
The seller acknowledges that Lots are sold subject to the stipulations of these Conditions in their entirety and on the Terms of Consignment as notified to the consignor at the time of the entry of the Lot.
13. DESCRIPTIONS AND CONDITION
(1) Whilst we seek to describe lots accurately, it may be impractical for us to carry out exhaustive due diligence on each lot. Prospective buyers are given ample opportunities to view and inspect before any sale and they (and any independent experts on their behalf) must satisfy themselves as to the accuracy of any description applied to a lot. Prospective buyers also bid on the understanding that, inevitably, representations or statements by us as to authorship, genuineness, origin, date, age, provenance, condition or estimated selling price involve matters of opinion. We undertake that any such opinion shall be honestly and reasonably held and accept liability for opinions given negligently or fraudulently. Subject to the foregoing neither we the auctioneer nor our employees or agents nor the seller accept liability for the correctness of such opinions and all conditions and warranties, whether relating to description, condition or quality of lots, express, implied or statutory, are hereby excluded. This Condition is subject to the next following Condition concerning deliberate forgeries and applies save as provided for in paragraph 6 "information to buyers".
(2) Private treaty sales made under these Conditions are deemed to be sales by auction for purposes of consumer legislation.
14. FORGERIES
Notwithstanding the preceding Condition, any Lot which proves to be a deliberate forgery (as defined) may be returned to us by you within 21 days of the auction provided it is in the same condition as when bought, and is accompanied by particulars identifying it from the relevant catalogue description and a written statement of defects. 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 buyer's premium provided that (1) if the catalogue description reflected the accepted view of scholars and experts as at the date of sale or (2) you personally are not able to transfer a good and marketable title to us, you shall have no rights under this condition.
The right of return provided by this Condition is additional to any right or remedy provided by law or by these Conditions of Sale.
AUTOGRAPHS
Autographs - We check all autographs when they are valued and believe to the best of our knowledge they are authentic. Many autographs come from private sellers and are sold without any history or COA. We urge buyers to satisfy themselves BEFORE bidding. If you strongly fee an item has been miss-described please contact us within one calendar month after the auction. If you are an overseas buyer it is your prerogative to arrange shipping in good time to avoid the one month cut off period. If a concern is raised before the end of the timescale we will place the item on hold for another calendar month. During this time a letter of rejection must be obtained from PSA/DNA and NO ONE else. Details can be found here http://www.psacard.com/Services/AutographAuthentication
If a letter of rejection is provided by PSA/DNA we will offer a full refund, not inclusive of shipping or authentication. This is why we urge buyers to satisfy themselves BEFORE bidding.
GENERAL
15. We shall have the right at our discretion, to refuse admission to our premises or attendance at our auctions by any person.
16. (1) any right to compensation for losses liabilities and expenses incurred in respect of and as a result of any breach of these Conditions and any exclusions provided by them shall be available to the seller and/or the auctioneer as appropriate.
(2). Such rights and exclusions shall extend to and be deemed to be for the
benefit of employees and agents of the seller and/or the auctioneer who may themselves enforce them.
17. Any notice to any buyer, seller, bidder or viewer may be given by first class mail or Swiftmail in which case it shall be deemed to have been received by the addressee 48 hours after posting.
18. Special terms may be used in catalogue descriptions of particular classes of items in which case the descriptions must be interpreted in accordance with any glossary appearing at the commencement of the catalogue.
19. Any indulgence extended to bidders buyers or sellers by us notwithstanding the strict terms of these Conditions or of the Terms of Consignment shall affect the position at the relevant time only and in respect of that particular concession only; in all other respects these Conditions shall be construed as having full force and effect.
20. English law applies to the interpretation of these conditions
Grading (Trading Cards):
Trading Cards - Condition Grading Guidelines
In order to describe as accurately as posible the condition of the collectable trading cards we have on offer we have incorporated the universal grading system put into use by the 'European Card Market'. This is a grading system with 15 years history and one widely adopted by professional UK and European vendors. We have listed what grade matches up with the American grading system more commonly used with TCG Player. The grades used in our condition reports are as follows.
PLEASE NOTE THAT OFTEN FOR LARGE GROUP LOTS OF CARDS WE WILL STATE THAT THE MAJORITY OF THE CARDS ARE IN 'XX' CONDITION (SEE BELOW). THIS MEANS THAT OVER 50% OF THE CARDS HAVE BEEN CLASSED BY US TO BE CONSIDERED TO BE IN THAT CONDITION.
Mint (M)
Near Mint (NM)
Excellent (EX)
Good (GD)
Light Played (LP)
Played (PL)
Poor
Mint
A mint card is in perfect condition. This means that the front is in perfect condition, there are no scratches on the surface, and the surface is perfectly clean. For the back it means that the card is indistinguishable from cards of a newly opened booster.
As grading can be an entirely subjective affair the only cards Ewbank's will list as mint are cards graded at a 9 or 10 by a recongised and authoritative grading body, Ewbank's recongise Professional Sports Authenticator (PSA), Beckett (BGS) and Certified Guaranty Company (CGC) as recongised authorities.
Near Mint (NM)
A Near Mint card looks like it has never been played without sleeves. Small allowances can be made, but the card generally shows very little or no wear.
The border of NM card can have small white spots, but they must be very few and very small. When the card is inspected under bright daylight, the surface must generally appear clean. It can have a few minor spots, but scratches can never be allowed for NM cards.
As the Mint grade is often not used for cards of newer expansions, Near Mint usually means Near Mint or better (equivalent to the American NM/M grade).
Excellent (EX)
An Excellent card looks like it was used for a few games without protective sleeves. For Excellent cards it is almost always clearly visible upon first inspection that the card is not in perfect condition. However, although the imperfection(s) is clearly visible it is only of minor severity.
Excellent cards usually have a couple of white spots at the corners or around the border. The surface may have minor scratches, that are visible upon closer inspection.
The American equivalent usually is Slightly Played or Lightly Played (not to be confused with the European Light Played).
Good (GD)
Cards in Good condition usually show strong wear all around the card. The edges and corners have many white spots, the surface usually has scratches, and the card usually has accumulated some dirt on its surface. However, the card still only has damage that stems from regular play. The card has no water damage or bends whatsoever.
A Good card (and all cards in worse condition) are clearly in a condition that would make them ineligible for play without sleeves as they would be considered marked - in the sense that they could be easily identified against card backs of a higher grade.
The American equivalent to this is usually 'Moderately Played' or 'Very Good'. Note that 'Good' is a bit of a misnomer. A Good card doesn't really look good. In fact, it can look damaged, making the American use of 'Very Good' perhaps even more of a misnomer.
Light Played (LP)
A Light Played card looks as if it has been used without sleeves for an extended period of time.
A Light Played card is clearly legal for play in a sleeved deck. It has also not been tampered with (inked border, random scribblings on the card etc.). If both criteria apply the card may look very bad, but it can be graded Light Played.
The American equivalent usually is 'Played' or 'Good'.
Played (PL)
A Played card looks as bad as you can get a card through regular use without sleeves.
A Played card looks extremely bad, and it is doubtful if the card is tournament legal even in a sleeved deck. However, the card has not been tampered with otherwise (inked border, random scribblings on the card etc.). A Played card may have a slight or small bend or crease in the card but nothing that goes entirely through the middle or length of the card.
The American equivalent usually is 'Heavily Played' or 'Good'.
Poor
A Poor card has damage that cannot normally have stemmed from regular use of the card.
A card in Poor condition is literally destroyed. It is either obviously illegal for tournament play or has been tampered with in ways that destroy its worth almost completely (inked border, random scribblings on the card etc.) A Poor card will likely have bends, folds or creases in or across the card.
Americans usually use 'Poor' in the same way.
Additional Information
American Gradings - Americans use a different grading terminology than PSA and Card Market. Different stores have different techniques, but it generally comes down to something like Mint/Near Mint (M/NM) being the best followed by Slightly Played (SP), and Played (PL), Heavily Played (HP), and finally Poor. Refer to the explanations of our gradings for a rough translation.
Large Collections/Majority Grade - With large collections or full sets Ewbank's will give an overall or 'majority' grade. For example, if we deem the majority condition is Excellent (Ex), this means that 60% or more than half of the cards will be of the designated grade.
Signed Cards - certain cards are signed, either by the artist, a famous/prolific player or a body linked to the game. In the case of signed cards, a signed card can only ever achieve the grade of Good, even if without the signature the card would be classed as near mint - a signature or some sort of marking instantly reduces a cards grade to Good.
Please note that cards (in particular second-hand cards) are unlikely to be in perfect
condition. Lots are sold "as is" (i.e. as you see them at the time of the auction). Neither we nor the Seller accept any liability for the condition of second-hand lots or for any condition issues affecting a lot if such issues are included in the description, or in the condition report of a lot in the auction catalogue (or in any saleroom notice) and / or which the inspection of a Lot by the Buyer ought to have revealed.
We will give you a number of opportunities to view and inspect the cards before the auction. You (and any independent consultants acting on your behalf) must satisfy yourself about the accuracy of any description of an item or lot. We shall not be responsible for any failure by you or your consultants to properly inspect a lot.
Representations or statements by us as to authorship, genuineness, origin, date, age, provenance, condition or estimated selling price involve matters of opinion. We undertake that any such opinion will be honestly and reasonably held and accept liability for opinions given negligently or fraudulently.
