Cromwells Auction — Terms and Conditions
These Terms and Conditions govern all sales conducted by Cromwells Auction (“the Auctioneer”). They are divided into three parts: Information for Buyers, Terms of Consignment (for Sellers), and Terms of Sale (for Bidders and Buyers). If you are unsure which terms apply to you, please contact us before bidding or consigning.
PART ONE — INFORMATION FOR BUYERS
Buyer’s Premium
A Buyer’s Premium is charged on the hammer price of each Lot at 20% plus VAT at the standard rate. This is payable by the buyer in addition to the hammer price.
Online Bidding Surcharges
Lots purchased via a live online bidding platform may be subject to an additional surcharge payable to that platform. No additional surcharge is applied when bidding directly through Cromwells’ own website. If bidding through a third-party platform, the applicable surcharge will be displayed on that platform before you bid.
Payment
Payment must be made in full before any Lot is removed. Accepted methods of payment are:
- BACS transfer
- Cash (subject to anti-money laundering limits)
- Debit card (in person)
Credit cards and PayPal are not accepted. Overseas buyers must pay by bank transfer and are responsible for all associated transfer costs.
Collection and Storage
All Lots must be paid for and collected by close of business on the Friday following the sale, unless otherwise agreed in writing. Lots not collected by that time may be removed to storage at the buyer’s expense. Storage charges will apply thereafter. See Clause 14 of the Terms of Sale for full details.
Electrical Items
All electrical appliances are sold strictly as decorative items only and must be inspected and tested by a suitably qualified person before use.
Mains Gas Appliances and Copied Media
Mains gas appliances and copied CDs/DVDs are not sold by the Auctioneer.
Artist Resale Rights
Where applicable, Artist Resale Right (ARR) charges may be payable by the buyer in addition to the hammer price and premium. Lots subject to ARR will be identified in the catalogue.
Anti-Money Laundering
As auctioneers we are required to conduct checks on our customers under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (as amended) and related legislation. We may require satisfactory proof of identity and source of funds before completing a sale.
Consumer Rights
If you are purchasing as a consumer (an individual acting outside the course of a business) from a seller who is a trader, certain statutory rights apply to you under the Consumer Rights Act 2015 and other applicable legislation. Nothing in these Terms of Sale excludes or limits those rights. If you are unsure whether your statutory rights apply, contact your local Citizens Advice Bureau or Trading Standards office.
PART TWO — TERMS OF CONSIGNMENT (FOR SELLERS)
1. Definitions
In these Terms of Consignment:
- “Auctioneer” means Cromwells Auction.
- “Vendor” or “Seller” means the person or entity consigning Goods for sale.
- “Goods” or “Lot” means any item or items consigned by the Vendor for sale at auction.
- “Hammer Price” means the price at which the Auctioneer brings down the hammer.
- “Commission” means the selling fee charged by the Auctioneer to the Vendor as set out in Clause 5.
2. Information We Are Required to Give to Sellers
2.1 Our name, address and contact details as set out in these Terms and on our website.
2.2 The rate at which we will charge Commission plus applicable VAT on the sale of your Goods, as set out in Clause 5.
2.3 The fees that will apply if Goods are unsold or withdrawn, as set out in Clause 5.
2.4 The arrangements for collection of unsold Goods and settlement of proceeds, as set out in Clauses 9 and 17.
2.5 If you have any complaints, please contact us directly.
3. Agency
The Auctioneer acts solely as agent for the Vendor. The contract of sale is made between the Vendor and the Buyer. The Auctioneer is not a party to that contract except where otherwise expressly stated.
4. Consignment and Entry of Lots
4.1 Each Vendor must supply their full name, address, telephone number and VAT status, and sign the Auctioneer’s entry form before any Lot is accepted.
4.2 The Vendor warrants that they are the legal owner of all Lots consigned, or are properly authorised in writing by the legal owner to consign such Lots for sale. The Vendor further warrants that they have good and unencumbered title to the Lots, free from any undisclosed third-party claims, liens or encumbrances.
4.3 The Vendor agrees to indemnify the Auctioneer against any loss, claim, liability, cost or expense arising from any breach of the warranties in Clause 4.2. The Auctioneer may withhold payment or cancel a sale where ownership or title is reasonably disputed.
4.4 Items presented or collected for sale will be entered into the first available sale, but may be held over at the Auctioneer’s discretion until space or a suitable sale is available. Lots may be amalgamated, divided or presented at the Auctioneer’s discretion.
4.5 Items not in compliance with current legislation, or deemed unsaleable by the Auctioneer, will not be entered for sale. The Auctioneer will notify the Vendor and arrange for collection. If items are not collected within 14 days of written notice, any reasonable costs incurred in their safe disposal may be charged to the Vendor.
5. Commission and Fees
5.1 Selling Commission: 15% plus VAT at the standard rate, calculated on the hammer price. Minimum charge £3 plus VAT per Lot.
5.2 Unsold Lot Fee: £2 plus VAT per Lot where no reserve has been set. £20 plus VAT per Lot where a reserve has been set and the Lot fails to sell.
5.3 Withdrawal Fee: Lots withdrawn after the auction is live will be charged at £20 plus VAT per Lot.
5.4 All fees and Commission will be deducted from the hammer price or invoiced to the Vendor where the hammer price is insufficient to cover them.
6. Reserves
6.1 Items with a minimum agreed value above £30 may have a reserve price applied by agreement between the Vendor and the Auctioneer.
6.2 The Auctioneer reserves the right to bid on behalf of the Vendor on Lots offered subject to a reserve, up to but not exceeding the reserve price.
6.3 Reserved Lots that fail to sell may be collected from the day following the sale. The Vendor may re-enter the Lot with a revised reserve at the Auctioneer’s discretion.
7. Descriptions and Cataloguing
7.1 All descriptions are prepared at the Auctioneer’s discretion based on information provided by the Vendor and the Auctioneer’s own assessment.
7.2 The Vendor must disclose to the Auctioneer any known defects, repairs, restorations, alterations, or matters affecting authenticity or title before the Lot is catalogued. Failure to do so may result in the Vendor bearing liability for any resulting loss.
8. Loss and Damage to Goods
8.1 The Auctioneer is not authorised by the FCA to provide insurance. However, subject to Clauses 8.3 and 8.4, the Auctioneer accepts liability for Goods from the time it takes physical possession until title passes to the Buyer or the Goods are returned to the Vendor.
8.2 The Auctioneer’s liability under Clause 8.1 is limited to whichever is the lowest of:
- (a) the mid pre-sale estimate agreed at consignment;
- (b) the hammer price less Commission (if the Lot has sold);
- (c) the reserve price less Commission (if the Lot is unsold);
- (d) the value declared by the Vendor at consignment where no estimate has been agreed.
The Auctioneer shall not be liable for consequential loss, loss of profit, depreciation or sentimental value.
8.3 The liability accepted under Clause 8.1 does not extend to loss or damage caused by or resulting from:
- (i) any inherent vice or defect in the Goods;
- (ii) acts of God, flood, drought, earthquake or other natural disaster;
- (iii) acts of terrorism, civil commotion, riot or war; or
- (iv) nuclear, chemical or biological contamination.
8.4 If the Vendor instructs the Auctioneer in writing not to assume liability for the Goods, the Goods remain entirely at the Vendor’s risk unless and until they pass to the Buyer or are collected by the Vendor. In that case Clauses 8.1–8.3 will not apply.
9. Unsold and Uncollected Lots
9.1 Lots failing to sell must be collected by the Vendor by close of business on the Friday following the sale, unless otherwise agreed in writing.
9.2 If unsold Lots are not collected by that time, the Auctioneer will issue written notice to the Vendor requesting collection within a further 14 days.
9.3 If Lots remain uncollected 30 days after written notice has been issued, the Auctioneer may treat the Lots as abandoned and may dispose of, sell or otherwise deal with them in order to recover any costs incurred. Any net proceeds after deduction of all costs and fees will be returned to the Vendor.
9.4 Storage charges may apply to Lots held beyond the collection deadline. The Auctioneer will notify the Vendor of the applicable rate in writing.
10. Packing and Shipping
10.1 The Auctioneer may arrange packing and shipping as a service to buyers, acting solely as agent for the buyer and at the buyer’s risk unless otherwise agreed in writing. This does not affect the Vendor’s obligations regarding collection of unsold Lots.
11. Anti-Money Laundering and Prohibited Items
11.1 Mains gas appliances and copied CDs/DVDs will not be accepted for sale.
11.2 The Vendor must ensure that all Lots comply with current legislation, including but not limited to regulations relating to CITES (endangered species), cultural property, firearms, and consumer safety. The Auctioneer reserves the right to refuse, withdraw or dispose of any Lot that does not comply, and any costs incurred shall be payable by the Vendor.
12. Vendor’s Obligations — VAT and Tax
The Vendor is responsible for accounting to HMRC for any VAT or other tax arising from the sale of their Lots. The Auctioneer will provide settlement statements on request.
13. Right to Withhold Payment
The Auctioneer may withhold payment where there is a bona fide dispute as to ownership, title, authenticity or legality of a Lot, or where payment has not been received from the Buyer.
14. Governing Law
These Terms of Consignment shall be governed by and construed in accordance with the law of England and Wales. Any dispute shall be subject to the exclusive jurisdiction of the English courts.
PART THREE — TERMS OF SALE (FOR BIDDERS AND BUYERS)
1. Definitions
- “Auctioneer” means Cromwells Auction.
- “Buyer” means the highest bidder accepted by the Auctioneer.
- “Hammer Price” means the price at which the Auctioneer brings down the hammer.
- “Buyer’s Premium” means the additional charge payable by the Buyer to the Auctioneer as set out in Clause 4.
- “Lot” means any item or group of items offered for sale.
- “Consumer” means an individual acting wholly or mainly outside the course of a business.
- “Trader” means a person acting in the course of a business.
2. Information We Are Required to Give to Consumers
2.1 A description of the main characteristics of each Lot as contained in the auction catalogue or listing.
2.2 Our name, address and contact details as set out in our catalogue and on our website.
2.3 The price of Lots and arrangements for payment as described in Clauses 4, 5, 8 and 9.
2.4 The arrangements for collection or delivery of Goods as set out in Clauses 9 and 14.
2.5 Your right to return a Lot and receive a refund if the Lot is proved to be a Deliberate Forgery, as set out in Clause 16.
2.6 We and Trader Sellers have a legal duty to supply Lots in accordance with these Terms of Sale.
2.7 If you have any complaints, please contact us directly.
3. Registration
3.1 All bidders must register prior to bidding, providing their full name, address or business address, and any identification required under anti-money laundering regulations.
3.2 Failure to register prior to bidding may result in a Lot being re-offered at the Auctioneer’s discretion.
3.3 By registering and/or making a bid, the Buyer accepts these Terms of Sale in full.
4. Buyer’s Premium and Total Purchase Price
4.1 In addition to the hammer price, the Buyer must pay a Buyer’s Premium of 20% plus VAT at the standard rate.
4.2 Where a Lot is purchased via a third-party online bidding platform, an additional surcharge may be payable to that platform. This will be disclosed on the platform before the Buyer bids.
4.3 Where applicable, Artist Resale Right charges will be added to the total invoice.
5. VAT
5.1 VAT is payable on the Buyer’s Premium at the standard rate prevailing at the date of auction. Certain Lots may also attract VAT on the hammer price; this will be identified in the catalogue.
6. Bidding
6.1 The highest bidder shall become the Buyer and no bid may be retracted once made.
6.2 The Auctioneer reserves the right to refuse any bid without giving a reason, and to withdraw, divide, combine or re-offer any Lot at any time before the hammer falls.
6.3 Where identical commission bids are received, priority shall be given to the bid received first.
6.4 The Auctioneer will execute written commission bids free of charge where reasonably practicable.
6.5 Should any dispute arise between bidders, the Auctioneer may re-offer the Lot or declare a Buyer, at the Auctioneer’s sole discretion. For the avoidance of doubt, this does not affect any party’s right to seek redress through the courts.
6.6 The Auctioneer shall be the sole arbiter in all matters relating to the conduct of bidding during the auction. This does not exclude the jurisdiction of the courts.
7. Online Bidding
7.1 The Auctioneer accepts no responsibility for the failure, interruption, delay or malfunction of any online bidding platform, internet connection, software, hardware or communication system.
7.2 The Auctioneer shall not be liable for missed bids, delayed bids or technical failures of any kind. Bidders using online services do so entirely at their own risk.
7.3 In the event of any dispute relating to online bidding, the Auctioneer’s decision shall be final, subject to the right of any party to seek legal redress.
8. Payment
8.1 The Buyer must pay the total purchase price — comprising hammer price, Buyer’s Premium, VAT and any other applicable charges — in full before removing any Lot.
8.2 The Buyer must pay immediately upon the fall of the hammer or such deposit as the Auctioneer may require, with the balance settled by close of business on the Friday following the sale, unless otherwise agreed in writing.
8.3 Accepted methods of payment are BACS, cash, or debit card in person. Overseas buyers must pay by bank transfer and are responsible for all associated costs. Credit cards and PayPal are not accepted.
8.4 On failure to comply with these payment conditions, the Auctioneer may resell the Lot without further notice and recover any deficiency, charges and expenses from the defaulting Buyer.
9. Risk and Insurance
9.1 All Lots are at the sole risk of the Buyer from the fall of the hammer.
9.2 The Buyer is responsible for insuring any Lot immediately upon purchase. The Auctioneer accepts no liability for loss of or damage to a Lot after the hammer has fallen, save where caused by the Auctioneer’s own negligence.
9.3 No Buyer shall remove any Lot until payment has been made in full for all Lots purchased.
10. Descriptions, Condition and Authenticity
10.1 All statements, descriptions, attributions, opinions, measurements, weights, ages, origins, condition reports and estimates contained in the catalogue or otherwise are matters of opinion only, based on information available at the time of cataloguing. They are not statements of fact.
10.2 The Auctioneer makes every reasonable effort to ensure that descriptions are accurate but does not warrant the accuracy of any description, attribution or opinion.
10.3 All Lots are available for inspection prior to sale and are sold as viewed. Buyers are deemed to have satisfied themselves as to the condition, nature, age, authenticity, suitability and quality of any Lot before bidding.
10.4 All Lots are sold subject to faults, imperfections, restorations, repairs, alterations, damage, wear and tear and errors of description. Neither the Auctioneer nor the Vendor shall be liable for any loss arising from any defect, fault, misdescription or error in attribution.
10.5 Many Lots sold at auction are second-hand. Please note that statutory implied terms as to quality and fitness for purpose do not apply to second-hand goods sold at auction in the same way as to new goods sold by a trader.
10.6 If a Lot is not second-hand and is purchased by a Consumer from a Trader Seller, additional terms may be implied by law under the Consumer Rights Act 2015. These Terms of Sale do not seek to exclude any rights you have under law in relation to such Lots.
11. Electrical Items
All electrical appliances are sold strictly as decorative items only and must be inspected and tested by a suitably qualified electrician before connection or use. The Auctioneer gives no warranty as to the safety or working condition of any electrical item.
12. Liability of the Auctioneer
12.1 Whilst every reasonable care is taken, all persons entering the Auctioneer’s premises do so at their own risk in respect of their personal property. The Auctioneer shall not be liable for any loss, damage or injury sustained on the premises.
12.2 Nothing in these Terms of Sale shall limit or exclude the Auctioneer’s liability for:
- (a) death or personal injury caused by negligence;
- (b) fraud or fraudulent misrepresentation; or
- (c) any liability that cannot lawfully be excluded or limited.
12.3 Subject to Clause 12.2, the Auctioneer’s total liability to any Buyer in respect of any Lot shall not exceed the hammer price paid for that Lot. The Auctioneer shall not be liable for any indirect, consequential or special loss.
12.4 All liability exclusions in these Terms of Sale are subject to the reasonableness test under the Unfair Contract Terms Act 1977 and, where applicable, the fairness requirement of the Consumer Rights Act 2015.
13. Cancellation Rights (Consumer Buyers)
13.1 If you are purchasing as a Consumer and the Seller of a Lot is a Trader, you may have a statutory right to cancel your purchase if you change your mind, in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
13.2 If a right to cancel applies, you will be notified at the time of purchase. The cancellation period, where applicable, is 14 days from the date you take possession of the Lot. To exercise this right you must notify the Auctioneer in writing within that period and return the Lot at your own cost in the same condition as received.
13.3 The right to cancel does not apply to Lots that are second-hand, one-of-a-kind, or where the auction was conducted as a genuine public auction attended in person by the buyer.
14. Collection and Storage
14.1 All Lots must be collected by close of business on the Friday following the sale, unless otherwise agreed in writing.
14.2 Lots not collected by that deadline may be removed to storage at the Buyer’s expense. Storage charges of £10 plus VAT (administration) plus £2 plus VAT per Lot per day will apply from that point.
14.3 If a paid Lot is not collected within 30 days of the auction, the Auctioneer may re-sell the Lot. Any net proceeds after deduction of storage, administration and selling costs will be returned to the Buyer.
15. Packing and Shipping
15.1 The Auctioneer may arrange packing and shipping as a service to buyers, acting solely as agent for the buyer and at the buyer’s risk, unless otherwise agreed in writing.
15.2 Insurance cover provided by carriers is as follows:
- Parcelforce: up to £100 per parcel
- UK Royal Mail: up to £2,500
- Overseas Royal Mail: up to £250
Additional insurance is the responsibility of the Buyer. The Auctioneer shall not be liable for loss, damage, delay, theft or shortfall in carrier compensation. Liability shall not exceed the compensation actually recovered from the carrier.
16. Deliberate Forgeries
16.1 If a Lot is proved to be a deliberate forgery — meaning a Lot that has been represented as the work of a particular maker, artist or period and is not, having been made with intent to deceive — the Buyer may return the Lot and receive a refund of the hammer price and Buyer’s Premium paid, subject to the following conditions:
- (a) The Lot is returned to the Auctioneer within five years of the date of sale.
- (b) At the date of sale, the description was not consistent with the generally accepted opinion of scholars and experts.
- (c) The Buyer provides written evidence from a suitably qualified independent expert confirming the Lot is a deliberate forgery.
- (d) The Lot can be returned in the same condition as at the time of sale.
16.2 This clause does not apply where the description at the time of sale was consistent with the then generally accepted view, or where the forgery could not reasonably have been detected by the Auctioneer at the time of cataloguing.
17. Auctioneer’s Right to Cancel or Withdraw
The Auctioneer reserves the right to withdraw, refuse bids on, or cancel the sale of any Lot at any time prior to collection where there is a dispute as to ownership, title, authenticity, condition, legality, payment or any other circumstance making completion of the sale impractical or undesirable. In such cases, liability shall be limited to the return of any monies paid by the Buyer for that Lot.
18. Settlement to Vendors
18.1 Provided the Buyer has paid in full, the Auctioneer will normally pay the net sum due to the Vendor within 21 days of the date of the auction, by BACS transfer to the bank account notified by the Vendor in writing.
18.2 Payment to Vendors will not be made until the Auctioneer has received cleared funds from the Buyer. In the event of default by the Buyer, the Goods may be re-offered for sale.
18.3 Payments to Vendors shall be by BACS or such other method as agreed in writing by the Auctioneer.
19. Governing Law and Jurisdiction
19.1 These Terms of Sale shall be governed by and construed in accordance with the law of England and Wales.
19.2 Any dispute arising out of or in connection with these Terms of Sale shall be subject to the exclusive jurisdiction of the English courts, save that nothing herein prevents any party from seeking urgent interim relief in any appropriate jurisdiction.