Legal
Buyers Policy for General Auctions at Cadmore Auctions. Please read carefully before bidding.
Unless otherwise agreed, Cadmore Auctions Ltd, hereafter referred to as 'C.A' acts as agent for the seller. The contract for sale of the property is therefore made between the Seller and the Buyer.
For the purposes of the current Terms and Conditions, the Seller shall be defined as the owner of the Goods. It is implied that the Seller is the legitimate owner and is authorised to sell the Lot. The Bidder is any registered person participating in the auction, and the Buyer is the successful Bidder for a particular Lot. The Lot means the item(s) put up for sale by C.A and to which the present Terms and Conditions apply.
Any representation in any catalogue or otherwise as to the origin, date, age, attribution, genuineness or estimated selling price of any lot is a statement of opinion only. Such statements do not constitute a representation warranty or assumption of liability by C.A in relation to the Lot. Any prospective Buyer should satisfy themselves prior to the sale as to the reliability of the catalogue description.
Prior to auction, prospective purchasers are strongly advised to personally examine any property in which they are interested to satisfy themselves in relation to matters which may concern them.
C.A may issue a Condition Report on request prior to the sale. This Condition Report is for identification purposes only and cannot be considered as giving a precise account of the Lot's true state. It is the Buyer's sole duty to inspect in person the Lot in order to be assured of its true condition.
All electrical items are sold as seen and C.A offers no guarantee as to the working condition of such items or their safety. It is the Buyer's duty to take necessary steps to be assured that the Lot is safe for normal use.
Estimates are based on various factors inherent to the situation of the market at the time of the sale, as well as considerations such as the condition, rarity, or quality of the item. Estimates are only indicative and represent the opinion of C.A. Estimates provided by C.A cannot constitute a guarantee as to the value of the good.
Many Lots are offered subject to a reserve, which is the confidential minimum sale price. The reserve will never exceed the low estimate printed in the catalogue. C.A may open the bidding on any Lot below the reserve by placing a bid on behalf of the seller, and may in their discretion continue to bid up to the reserve price.
New bidders will need to register prior to the sale. It is strongly advised bidders register at least 24 hours before the sale. International bidders may be required to register 48 hours before the sale and to submit bank details. A deposit may be requested prior to each sale.
Bidders not previously known to C.A will be required to provide official proof of identity in the form of a passport or photocard driving licence, proof of address of main residence, and both landline and mobile telephone numbers. Corporate clients will have to provide a certificate of incorporation prior to the auction.
All wines and spirits bought at auction are 'as found'.
C.A has the right in their absolute discretion to refuse participation in any auction, to reject any bid, and to refuse admission to the premises. All bidding is conducted exclusively online. Absentee bidders shall be required to make necessary arrangements with C.A prior to the sale.
C.A will use reasonable efforts to carry out Commission bids received by them prior to the sale for the convenience of clients who are not able to participate in the auction. This is a free service. Commission bids shall be executed at the lowest possible price, subject to competing bids and reserves.
C.A will use reasonable efforts to contact prospective Buyers who make arrangements prior to commencement of the sale to bid by telephone. C.A cannot be held responsible in the event of issues affecting connectivity.
C.A shall not be held responsible for issues affecting connection.
A Buyer may bid by proxy. Proof of identity of both the Buyer and the proxy must be communicated to C.A prior to the sale. A copy of the mandate shall also be required.
Bid incrementing is at the auctioneer's entire discretion.
For the purpose of the sale, Lots may be displayed on video during the auction. In the event of transmission issues, C.A shall not be held responsible for any subsequent outcome.
Buyers have a 14-day period in which to cancel a purchase; however, a cancellation fee of £10 or 10% of the hammer price (whichever is greater) will be applied.
Any dispute shall be settled at the auctioneer's absolute discretion. Under no circumstances will a sale be cancelled after the fall of the hammer, except at the auctioneer's entire discretion.
The contract of sale is between the Buyer and the Seller. The Buyer shall be the bidder at the highest price at the fall of the hammer. The sale is deemed complete once the auctioneer announces its completion by the fall of the hammer and the contract shall be binding thereafter.
Transfer of property of the goods shall pass to the Buyer only once C.A has received full payment for the goods. This includes the price at the fall of the hammer as well as Buyer's premium, relevant taxes, and costs in relation to shipping.
Purchased Lots shall be at the Buyer's risk in all respects from the fall of the hammer, and neither C.A nor their agents shall be responsible for any loss or damage of any kind, whether caused by negligence or otherwise.
C.A may at its entire discretion, during or after the auction, cancel the sale of the Lot or re-offer and resell the Lot if it becomes aware of any error or dispute of any nature. If the Buyer wishes to cancel/retract the bid for any other reason, a cancellation fee of £10 or 10% of the hammer price (whichever is greater) will be applied.
C.A will only issue a refund using the same method of payment originally used by the Buyer, or by bank transfer. The Buyer's refund will be processed within no more than 28 days of the day the Buyer gave C.A notice of cancellation. C.A shall proceed to issue a complete refund comprising the hammer price, buyer's premium and shipping fees. Return fees shall remain at the expense of the Buyer.
All purchased lots must be paid for within 3 days of the auction. Commission bids must be paid for no later than the day after the auction. Payment must be in cash, debit, credit card or bank transfer. Cheques are not accepted. American Express is not accepted. Cash payments shall not be receivable for amounts over £10,000.
The Buyer will pay C.A a premium of 22% on the hammer price plus VAT on that commission amount up to the first £500,000 and 12% plus VAT on the balance thereafter. All Buyers outside the UK are exempt from VAT, which must be disclosed at the time of registration.
VAT is payable on the buyer's premium, and for some lots, VAT is payable on the hammer price. The successful bidder will be responsible to ascertain and pay any applicable taxes including VAT, sales tax or any equivalent tax arising on sale of a particular lot.
Lots marked with 'ARR' may be subject to a levy. Droit de Suite is a royalty payable to a qualifying artist or their heir each time a work is resold. Royalties do not apply to Lots selling below the sterling equivalent of €1,000 and the maximum royalty payable on any single Lot is the sterling equivalent of €12,500.
If the Buyer fails to make full payment within the time required, C.A shall be entitled to cancel the sale, resell the Lot, charge interest, offset outstanding sums, refuse entry to future auctions, and/or commence legal proceedings for recovery of the total amount due together with interest, legal fees and costs.
Purchased Lots can be collected from the auction room after the sale has ended or between 10am and 5pm up until close of business on the Friday following the sale. All collections must be arranged via an appointment to ensure the Lot is on site.
C.A offers a discretionary 14 days free storage on purchased Lots from the date of the sale. Thereafter, lots not collected shall incur storage charges of £5.00 per lot, per day. If any purchased lot remains uncollected 21 days after the sale, storage charges shall thereafter be £10 per day.
Any shipping costs that may arise subsequently to the sale shall be at the Buyer's expense. Such costs may include packaging, postage, import and export permits where required and any other licence necessary for goods to be shipped outside of the UK. C.A does not offer insurance for shipping, however C.A may help arrange insurance upon the Buyer's request and at the Buyer's expense.
C.A does not accept liability for loss or damage occurring to Lots after the sale. C.A will use reasonable efforts when handling, packing and storing purchased Lots, but shall not be responsible for any loss or damages that may occur whilst the said Lot is in any third party's care.
Cultural goods may be subject to import and export restrictions. Under UK Law, licences may be required. Licenses are issued by Arts Council England and it is the Buyer's duty to obtain them. The Buyer must verify local legislation prior to the sale.
Certain endangered species are listed in the CITES Convention. Listed specimens and any parts or products thereof are subject to issuance of an export permit when leaving the European Union. It is the Buyer's duty to initiate proceedings with the relevant authority.
C.A does not provide the Buyer with warranties relating to any Lot, unless required by Law.
In the event of a Lot being sold as authentic under the catalogue description and the Buyer provides evidence in the form of a written report by a recognised expert that the said Lot is not, C.A will refund the purchase price. The Buyer shall give notice to C.A within 28 days from the sale.
Archaeological goods over 100 years of age will require an EU Licence for export to a third country. Archaeological goods found on United Kingdom soil or in UK territorial waters over 50 years of age shall require a UK Licence regardless of their value and regardless of the export destination. It is the Buyer's duty to undertake the necessary steps.
Many gemstones on the market have been treated to augment their appearance. Treatments may include heat treatment, oil and resin treatments, staining, irradiation and coating. Estimates provided by C.A are deemed to be based on the fact that the gemstone may have been subject to any type of treatment in the past.
All Lots are sold as seen. Clocks and watches are therefore not deemed to be sold in working condition. C.A makes no representation or warranty that any clock or watch is in working order. A general service, change of battery or further repair work may be necessary. The United States restricts the importation of certain watch brands such as Rolex, Franck Muller or Corum.
According to The Furniture and Furnishings (Fire Safety) Regulations 1988, furniture that was upholstered after the 1st of January 1950 is subject to restrictions in the United Kingdom. Exempt upholstered furniture that does not meet such requirements is deemed sold for purely aesthetic purposes.
C.A shall own the copyright on all images, illustrations and written material produced by or for C.A relating to a Lot, including catalogue contents. Neither the Buyer nor anyone else shall use the abovementioned materials without the prior written consent of C.A.
The Buyer agrees that personal information transmitted to C.A may be disclosed exclusively for the purposes of business, or as required by Law. C.A shall not use personal information for any other purpose without the Buyer's prior consent. C.A never sells, lends or trades in personal data provided by any Bidder.
Whenever and to the extent that any provisions of these terms would or might contravene the provision of any relevant legislation, such provision is to take effect only in so far as it may do so without contravening such legislation.
The current Terms and Conditions may be amended, verbally or in writing, prior to the sale.
The rights and obligations of the parties with respect to these Conditions of Sale and the conduct of the auction shall be governed by and interpreted in accordance with the Law of England and Wales. All bidders and sellers agree that the Courts of England are to have exclusive jurisdiction to settle all disputes arising in connection with all aspects of all matters or transactions to which these Conditions of Sale relate.