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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 agree to pay a buyers premium at 30% on the hammer price, inclusive of 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 £30.00, plus VAT on that £20.00. ie TOTAL including hammer price £130.) 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 THERE ARE ADDITIONAL CHARGES FOR PURCHASING LIVE ON LINE OF A FURTHER 3% INCLUSIVE OF VAT
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. 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 is a surcharge of 2.5% plus 20% VAT on credit cards. Any queries relating to purchases must be completed within 10 working days of the sale.
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.
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.
Bidding increments shall be at the auctioneer's sole discretion.
4. THE PURCHASE PRICE
The buyer shall pay the hammer price together with a premium thereon of 30% plus VAT on the premium ONLY ie not on the hammer price see above. Plus a further 3% online buyers premium. Total 33%.
5. 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).
(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.
7. 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.
8. 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
9. 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.
10. 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.
11. 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.
The auctioneer normally acts as agent only and disclaims any responsibility for default by sellers or buyers.
13. 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.
14. 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.
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 - 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.
16. We shall have the right at our discretion, to refuse admission to our premises or attendance at our auctions by any person.
17. (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.
18. 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.
19. 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.
20. 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.
21. English law applies to the interpretation of these conditions
There is a surcharge of 2.5% plus VAT on credit cards
Your Bid is a binding and legally enforceable contract.
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. GOODS WILL NOT BE RELEASED UNTIL WE HAVE THE CLEARED FUNDS IN OUR ACCOUNT. WE NOW HAVE A SECURE INTERNET BASED PAYMENT PLATFORM VIA WORLD PAY (ACCESSED THROUGH OUR WEBSITE)
Participation in any of our auctions implies the unconditional acceptance of these Terms & Conditions.
Art. 1 - The sale is executed strictly in cash, Swiss francs and without guarantee. For administrative purposes, each buyer will be asked to give a proof of his/her identity in order to obtain an invoice at the end of the sale. Invoices can be settled at the end of each auction session. Buyers can settle the invoice via wire transfer, major credit/debit cards or cash. Payments in cash for an amount equal to or more than CHF 100'000 will not be accepted. Personal or company cheques are not accepted.
Art. 2 - No more bids will be accpted after the hammer strike, unless otherwise communicated by the auctioneer. In case of a dispute at the time of the hammer strike, the auctioneer may at his discretion cancel and immediately put the lot back up for sale.
Art. 3 - The auctioneer, at his/her sole option, can: refuse any bid, move the bidding backwards or forwards in any way he/she decides; change the order of the lots, withdraw any lots, divide or combine any two or more lots, reopen or continue the bidding even after the hammer strike. The auctioneer may bid on behalf of the seller up to but not including the amount of the reserve either by making consecutive bids or by making bids in response to other bidders. In the event that the reserve price set by the seller is not reached, the auctioneer may deem such lot unsold and move on to the next lot by a single strike of the hammer.
Art. 4 - The successful bidder agrees to pay a buyer's premium at 20% of the hammer price on all lots purchased. VAT at 8% is charged on the buyer's premium, giving a total of 21.6% on the hammer price. Internet buyers incur an additional 3% internet fee on the buyer's premium plus VAT (Total premium for internet buyers 24.8% inc VAT).
Art. 4a - For foreign buyers, the VAT collected may be refunded upon presentation of duly completed Swiss customs papers. To avoid administrative fees, reimbursement of VAT will only be allowed if the amount of the VAT is superior to 50CHF.
Art. 5 - Bidding must be placed by spoken voice or made by a distinctive sign unequivocally demonstrating the willingness to bid. The auctioneer, at his discretion, can refuse bids from unknown bidders. The minimum amount of an increment is 10%. However, the auctioneer may modify this rate by announcement.
Art. 6 - The viewing period allows the buyer to evaluate personally the condition and authenticity of the objects. Any dispute will not be allowed once the bidding is over. The objects are sold as seen at the time of bidding. To the best of our knowledge, all indications provided in the sale catalogue are correct; however the descriptions are only the expression of a professional opinion and do not constitute a guarantee. The catalogue may mention some damage to a lot without necessarily providing an exhaustive list. If the low estimate is CHF 1'000 or less there will be no mention of the object's condition. Condition reports are available upon request. Photographs, dimensions and weight are for indication only.
Art. 6a - Foreign buyers shall always check the relevant customs laws and regulations before bidding on any lot containing wildlife material such as, but not only: ivory, tortoiseshell, crocodile skin, rhinoceros horn, or whalebone. Hôtel des Ventes pays particular attention to complete its due diligence duties to ensure that all the objects presented in the catalogue comply with our laws and regulations of Cultural Property (CPTA). However, we are under no obligation to cancel your purchase and refund the amount paid if your lot cannot be exported, imported or if seized by a government authority.
Art. 7 - Lots must be collected at the expense and sole risk of the buyer. To avoid delivery errors and complications in invoice settlement, no lot can be collected during the sale. Unless previously agreed, collection is not permitted before full payment of the invoice. Objects may be collected by the buyer according to the "Payment and collection of lots" as outlined at the front of the catalogue.
Art. 8 - Every visitor is responsible for any damages he may cause to any given object in the sale; he may be charged with an amount equal to the average of the object's estimate plus buyer's premium and VAT.
Art. 9 - All absentee bids are executed with care, discretion and offered as a service to our clients. Telephone bids are accepted from buyers already known to Hôtel des Ventes and for lots whose low estimate is or exceeds CHF 400. In the case a telephone bidder cannot be reached due to technical error or other unforseen circumstances, Hôtel des Ventes reserves the right to award the lot to the telephone bidder on his behalf at the price equal to 50% of the high estimate, unless the reserve price is higher. In addition, any telephone bids will be considered de facto as a written bid of CHF 400. These bidding services are offered as a courtesy to our clients and Hôtel des Ventes is not responsible for any error (human or otherwise), omission or breakdown in providing these services. Your request for this service must be made no later than 48 hours prior to the auction. Any cancellation of absentee/phone bids must be submitted in writing at least 24h before the start of the auction concerned. To be accepted, the cancellation must be acknowledged by the Hôtel des Ventes bidding office or the Court baliff overseeing the auction.
Art. 10 - Title of goods therefore any risk passes to the buyer the moment the hammer falls on a lot. However, ownership of a lot can only be assumed after full payment of the invoice. In case of non- payment after three days following the end of the sale, the buyer is liable to judicial prosecution. Cancellation of the sale will ensue after a 30 day period of non payment if instructed by the vendor however, all fees and other charges will still be due by the buyer.
We give no guarantees as to the condition of the frames and glass.
Art. 11 - Hôtel des Ventes reserves the right to refuse admission or participation in any auction or to reject any bids. Any persons obstructing or disrupting the auction will be subject to police sanctions.
Art. 12 - Hôtel des Ventes reserves the right to accept or refuse any credit card payment. The following cards are accepted at no extra fee: Maestro, Postcard and EC-Direct. Payment by other major cards (MasterCard, Visa, PrePaid MasterCard, PrePaid Visa, American Express and UnionPay) will be subject to a 2% administrative fee.
Art. 13 - Hôtel des Ventes may publish, for advertising purposes, photographs of objects sold at auction in its own magazines and/or through other media channels.
Art. 14 - Any dispute concerning the sale is subject to Swiss law and is under the jurisdiction of the Canton of Geneva law courts, regardless of the town or country of residence of the involved parties.
Art. 15 - Unless otherwise specified, storage fees at a minimum of CHF 30 per month and per object will be charged for any lot that has not been collected by the buyer within 8 days following the auction. These lots will be sent into storage at the expense and risk of the buyer. The buyer expressly agrees that the unclaimed lot becomes the property of Hôtel des Ventes and authorises the resale as soon as storage costs exceed the price of the low estimate (in the buyer's case) or the reserve price (in the vendor's case).
NB: unless otherwise stated, the dimensions of paintings and furniture are indicated in centimetres and are written in this order: height x width x depth. Unless otherwise stated, books and watches are measured in millimeters. Carpets are "old" if they are more than 30 years old and "antique" if they are more than 80 years old.
Value Added Tax on hammer prices is not normally charged although on rare occasions it has to be paid by a purchaser depending on the tax status of the vendor. If VAT is payable on the hammer price on any lot this will be clearly stated and the lot will be marked with a dagger † . NOTE Where goods are being exported from the European Union no VAT is payable on buyers premium.
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.