TERMS AND CONDITIONS OF SALE
1. Placing a bid in the auction signifies acceptance of these conditions.
2. The contract for the sale of a lot is between the vendor and the buyer and is subject to these conditions and the terms and conditions for vendors.
3. Every bidder shall be deemed to act as principal unless written agreement has been obtained beforehand from Wilkes & Curtis Ltd that the bidder may act as agent on behalf of a named principal. If such agreement has not been obtained then bidders who accept third-party commissions do so at their own risk and remain personally liable for the purchase price of any lots bought.
4. Lot descriptions are intended to be a guide for bidders only. Except where stated elsewhere in these conditions, Wilkes & Curtis Ltd shall not be liable for any errors of description.
5. Wilkes & Curtis Ltd reserve the right to change any aspect of the description of a lot at any time prior to the auction.
6. Wilkes & Curtis Ltd shall retain the copyright to all catalogue content, including images.
7. Wilkes & Curtis Ltd may place a reserve on any lot; however, no reserve will be higher than the low estimate.
8. The highest bidder for a lot shall be the buyer. In the event of tied bids precedence will be given to the bid entered on our online system first. Bids cannot be cancelled after a lot has closed.
9. Wilkes & Curtis Ltd reserve the right to withdraw any lot prior to the auction or to cancel the sale of any lot after it has closed.
10. The purchase price payable by the buyer is the hammer price plus the buyer’s premium of 10%. VAT of 20% is payable on the buyer’s premium unless the lots are exported outside the European Union. Postage and insurance charges will also be added where appropriate.
11. Payment of the purchase price is due upon receipt of the invoice.
12. Invoices that remain unpaid one month after the sale will incur a £30 Late Payment Administration Fee. In addition to the late fee Wilkes & Curtis Ltd will charge interest at the rate of 2% per month on any amounts outstanding after a period of one month after the date of the auction.
13. Wilkes & Curtis Ltd reserve the right to re-sell any lots for which payment has not been received after a period of one month after the date of the auction. In such cases the original buyer shall remain liable for any shortfall should the re-sale price be less than the original sale price.
14. The title to a lot shall not pass to a buyer until payment has been received in full. The risk of loss or damage to a lot shall pass to the buyer upon delivery of the lot. Delivery to the buyer’s address of record shall constitute receipt by the buyer regardless of the identity of the person accepting delivery.
15. Wilkes & Curtis Ltd guarantee the authenticity of all lots sold, subject to any exclusions stated in these conditions.
15a. For the purposes of these conditions, a ‘forgery’ is defined as an imitation created with the intent to deceive in respect of the origin and age, and which has a value significantly less than a genuine item.
15b. The buyer should notify Wilkes & Curtis Ltd immediately upon becoming aware that a lot may be a forgery. The lot in question must be returned to Wilkes & Curtis Ltd in the same condition as at the time of sale. The buyer should provide evidence as to why the lot may be a forgery; the onus of proving that an item is a forgery rests on the buyer. Wilkes & Curtis Ltd reserve the right to re-assess the lot and to engage or consult any appropriate authority in order to undertake such a re-assessment. After re-assessment of the lot the buyer agrees to be bound by the decision of Wilkes & Curtis Ltd as to whether the item is a forgery.
15c. The buyer shall not be entitled to a refund for a forgery if:
- the catalogue description of the lot was in accordance with generally accepted numismatic opinion at the time of publication of the catalogue
- the grounds for claiming that the item is a forgery are based on a difference of opinion between Wilkes & Curtis Ltd and a third-party coin grading service
15d. Should Wilkes & Curtis Ltd agree that a lot is a forgery then the sale of the lot will be cancelled and the buyer will receive a full refund of the purchase price. The liability of Wilkes & Curtis Ltd under this condition shall be limited to the purchase price of the lot, and shall not cover any other loss or expense incurred by the buyer. The buyer may not claim interest on the amount in question.
16. All rights and benefits granted to a buyer under these conditions are personal to the buyer and may not be assigned or transferred to any other person.
17. By agreeing to these conditions, the buyer acknowledges the right of Wilkes & Curtis Ltd to use the personal information of a buyer for purposes relating to the auction, including providing the buyer’s personal details to a vendor or to any other person when necessary to enforce the rights of Wilkes & Curtis Ltd under these conditions.