Western Salerooms

Phone : 01803 223 533

Email: sales@westernsalerooms.co.uk 

 

Terms and Conditions for Sellers 

To be read in conjunction with our full Terms and Conditions

Please read our terms and conditions carefully. By entering items in a sale or bidding at auction you are bound by these conditions: Vendors /Sellers and Buyers should familiarise themselves with our full Terms and Conditions including any relevant Terms and Conditions for either the Vendor / Seller or the Buyer. These terms are applied throughout this document.

•    The Auctioneer / the saleroom: refers to Western Salerooms Ltd 
•    Vendor / Seller: the individual instructing the auctioneer and consigning the lots
•    Bidder: a person who is participating in auction bidding
•    Purchaser / Buyer: the individual who makes the highest bid accepted by the auctioneer
•    Website: our official site: www.westernsalerooms.co.uk
•    Hammer Price: the highest bid accepted for a lot when the hammer falls or the online auction ends
•    Lot(s): he goods offered for sale at our auctions - A/F denotes lots are 'as  found'
•    Deliberate Forgery: An imitation created to deceive regarding authorship, origin, date, age, period, culture, or source or described as the work of a specific creator without qualification or valued significantly less than claimed on the auction date
•    Money Laundering Regulations: Refers to the Money Laundering, Terrorist Financing, and Transfer of Funds Regulations 2017 (as amended)
•    Premium / Commission: An additional charge on your purchase, calculated as outlined in our Terms and Conditions
•    Reserve: The minimum hammer price at which a lot can be sold
•    Sale Proceeds: The net amount due to the seller
•    Terms of Consignment: Terms for offering lots for sale as a seller or on behalf of sellers
•    Terms of Sale: The terms that apply to bidders, which may be amended or updated
•    Total Amount Due: Includes the hammer price, premium, applicable artist resale royalties, VAT if chargeable, and default-related charges

 

In these Terms and Conditions, “you” and “yours” refer to the Vendor / Seller and Buyer; “we” and “us” refer to Western Salerooms Ltd / auctioneer.

Agency -The auctioneer acts solely as an agent and is not responsible for any default by Sellers or Buyers.

Public Liability - Visitors to the Salerooms, including those attending auctions, making inquiries, viewing, delivering, or collecting items, do so at their own risk and under the auctioneer’s supervision.

Neither the auctioneer nor their employees / agents are liable for loss, damage, accidents, death, or injury unless caused by the negligence of their employees/agents or as required by law.

Health and Safety -Visitors are advised to consider the premises layout and security arrangements for health and safety purposes.

Additional Notices
•    The Saleroom is not responsible for the cancellation or postponement of sales due to circumstances beyond its control, such as technical failure or natural disasters
•    The auctioneer may refuse admission to an auction or the premises to anyone at their discretion
•    Vehicles parked onsite are at the owner’s risk
•    Smoking and vaping are strictly prohibited anywhere on the premises
•    No children under 16 years 
•    No dogs

Eligibility to Participate - Participants must be at least 18 years old.

Western Salerooms Ltd can refuse or cancel registration and bidding rights at their discretion. Individuals who do not comply with these terms and conditions will be prohibited from accessing our auction site and bidding online.

Terms and Conditions of Consignment and Sale for Vendors /Sellers

Vendors / Sellers must adhere to the Terms of Consignment and Sale established by Western Salerooms Ltd. A copy of these terms is available in the salerooms and can also be accessed on the website.

Agency - Western Salerooms Ltd act solely as agents for individuals consigning goods for sale.

Warranty of title and availability - The Vendor / Seller guarantees both the auctioneer and the Buyer that they are the legitimate owner of the consigned property or have received proper authorisation from the owner to consign it for sale. Furthermore, the seller guarantees that the property has a clear title, free from any claims by third parties.

Risk Acknowledgment - All items are consigned at the Vendor / Seller’s risk; Western Salerooms Ltd are not responsible for any items in their possession.

Indemnity - It is a condition of the auction that the Vendor / Seller indemnifies the auctioneer against any claims made in connection with the goods sold.

Auction Charges for Vendor / Sellers Lotting Fees 
The Vendor is subject to the following entry/ lotting fees -

•    £3.00 per item or lot if sold as a general lot collectively e.g. mixed boxes of unnamed ceramics or glassware in a general sale. This fee applies whether the lot is sold or unsold 
•    £6.00 for larger items that require 2 people to move

Commission - All Vendors / Sellers agree to pay a commission to the salerooms / auctioneers at a variable rate on each lot.

The Vendor / Seller’s commission is charged at 15% 
Commission on hallmarked gold is 12% and offered at our discretion.

Portable Appliance Safety Testing / PAT testing - All electrical items entered for auction will be tested for safety compliance through Portable Appliance Testing (PAT). The fee for each item is £3. 
If an item fails the test, it will be disposed of at the Vendor's expense if not picked up within 4 working days of notification unless it is to be sold as display, historical interest or artistic purposes rather than practical use.

Entering / Delivering Goods - We will not accept goods that are of inferior quality, obsolete, faulty, or unsaleable, even if they are listed on the Vendor's receipt. Soft furnishings and electrical items must comply with the Consumer Protection Act 1987. Electrical goods must be in good working condition or clean and functional.

•    Soft furnishings: All items manufactured after 1988 must have a current fire safety label attached.
•    Electrical goods: These must be tested and in good working condition.
•    Antiques and furniture: Only items made before 1950 will be offered for sale.
•    Upholstered furniture: Items made between 1950 and 1987 will be displayed for non-domestic use or as art only.
If any item fails to meet these requirements, the Vendor must immediately remove it. If not, the item will be disposed of without further notice, and any costs incurred will be charged to the Vendor.

Setting a Reserve
•    Items entered the auction are considered as being entered without a reserve and will be available for sale to the highest bidder
•    All lots valued below £30 must be offered without reserve
•    As a seller, you may set a reserve price, the minimum hammer price at which your lot will be sold, for higher value items before the auction 
•    Reserves must be reasonable and agreed mutually between the Vendor and the Auctioneer for live and online auctions
•    A reserve once set cannot be changed except with the auctioneers consent
•     If the lot is re-entered into a sale the reserve price must be lower
With the agreement of the auctioneer, the following options are available:
1. Fixed Reserve: For items valued above £100 (or £30 for small, easily portable items), it is agreed that the item will not be sold for less than one bid below the established reserve price.
2. Discretionary Reserve: It is permissible to sell the item at a price up to 30% below the reserve.
3. No Reserve: The auctioneer has the discretion to sell items to the highest bidder, without a predetermined reserve price.

Receipts - When items are accepted for auction a receipt will be issued. Before the auction you will also be sent a pre-sale advice email with a detailed list of your entries for that auction, including estimate prices, reserves (if agreed) and if appropriate a picture of your item next to the lot number. It is the Vendor's responsibility to check they have received this document before the auction sale.
The email will include a link to the auction along with details of your specific lots, allowing you to review the results after the auction has ended.

Accepting consignments / goods for sale 
•    Goods are accepted by appointment only
•    Items for sale must be delivered to the saleroom by the specified deadline and at the Vendor's expense to be included in the sale. We may assist with this process: however, any transport costs or liabilities incurred remain solely the Vendor's  responsibility

Auctioneers Discretion - The auctioneer reserves the right to accept or reject any item for sale at their discretion. Additionally, the auctioneers have discretion over the type of sale for all items, as well as the description and cataloguing of each item.

Charges for unsaleable items -The right is reserved to charge for disposal of unsaleable items

Withdrawn lots - If a lot is withdrawn after it has been catalogued a fee will be charged at either 20% of the current bid, or the lower estimate. There is a minimum fee of £5.00 in addition to the lotting fee. Items must be collected within 4 working days of notification or fees for storage and / or disposal will be applied.

Unsold Lots - Any unsold lots will incur a lotting fee of £3 or £6, as outlined above, and any additional fees, such as collection charges or electrical safety tests.

By agreement an unsold lot can be placed in a new sale. The auctioneer retains the right to reduce the original reserve by 30 - 50% or more. Vendors / Sellers should discuss any changes in the reserve price and associated fees with the auctioneer when arranging a resale.

Unsold lots that are not listed for the next sale must be collected by 4 working days from the end of the auction. If a Vendor / Seller fails to collect unsold lots within 4 days, the auctioneer reserves the right to dispose of these items as they see fit including-
•    offering the lots for sale without reserve,
•     selling by private treaty 
•    donating to charity/ recycling

Any outstanding storage charges and other related costs will be deducted from the hammer or sale price.

Payment Terms for Sellers / Vendors

Agency Role - Western Salerooms Ltd acts solely as an agent and is not liable for any default in payment from the buyer.

Payment - Vendors / Sellers will be paid by bank transfer, unless agreed otherwise at the time of consignment 7 to 28 working days after the sale, provided the Buyer has paid for the lot in full and funds have been cleared. Bank transfers will be made to the account registered during consignment.
If you choose to request a cheque, please be aware that any associated charges will be your responsibility. The current administration fee for this service is £5 for charges and postage.
Payment to Vendor / Seller – The net proceeds from the sale will be paid to the Vendor once full payment has been received from the purchaser. A Settlement Statement will be provided, showing the lots sold and any charges incurred. Relevant charges will typically be deducted before the payment is made.
For consignments with multiple lots, payment will be made only when all lots are finalised, meaning they have either all been sold or collected.

Right of Set-Off - The Auctioneer may withhold or offset any amount the Vendor owes them against the sale proceeds due to the Vendor.

Important information
These Terms of Sale and any related disputes or claims, whether contractual or not, will be governed by English law. All third parties agree to the exclusive authority of the English courts. The Vendor agrees that each lot is sold in accordance with these terms and the terms of consignment provided at the time of entry.

Western Salerooms Ltd   

 2B Burke Road, Totnes, Devon. TQ9 5XL 

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