SELWOOD AUCTIONS

Conditions of Sale

These Conditions of Sale apply to purchases made through Selwood Auctions, including items offered at Auction, through Buy Now and by Private Sale. Please read them carefully before bidding on or purchasing an item.

By placing a bid, making an offer or agreeing to purchase an item, you agree to be bound by these Conditions of Sale together with any additional terms or information published for the relevant item or sale.

1. About Selwood Auctions

[Insert full legal company name], trading as Selwood Auctions, of [insert business address] ("Selwood Auctions", "we", "us" or "our") provides services for the sale of antiques, works of art, furniture, pictures, decorative objects and other property.

Unless otherwise stated, Selwood Auctions acts as agent for the owner of the property ("the Seller"). The contract for the sale of an item is therefore generally between the Seller and the successful buyer ("the Buyer"), with Selwood Auctions acting as the Seller's agent.

Where Selwood Auctions owns an item or is otherwise selling as principal, this will be identified where required.

2. Methods of Sale

Items may be offered by:

Auction — where prospective Buyers bid for an item and it is sold to the successful bidder, subject to any reserve and these Conditions of Sale.

Buy Now — where an item is offered for purchase at a stated fixed price.

Private Sale — where an item is offered privately at an agreed price, whether or not a price is publicly displayed.

House Sale — where a collection or the contents of a property are catalogued and offered for sale, with some or all items potentially remaining at the property until collection.

Additional terms or arrangements may apply to an individual sale or item. Where they do, these will be made available before the Buyer commits to the purchase.

3. Descriptions and Attribution

Selwood Auctions takes reasonable care when researching, cataloguing and describing property.

Statements concerning the maker, artist, authorship, attribution, origin, date, age, period, provenance, materials or history of an item represent our opinion based on the information reasonably available to us at the time of cataloguing unless expressly stated otherwise.

Estimates, descriptions and other opinions may change if further information becomes available.

Measurements are approximate.

Prospective Buyers should satisfy themselves about any matter that is particularly important to them before bidding or purchasing and are welcome to request further information.

4. Condition

Most items sold through Selwood Auctions are antique, vintage or previously owned. Buyers should expect appropriate signs of age, wear, use, repair, restoration and alteration consistent with the nature and history of the item.

Items are offered in their existing condition, subject always to any rights that cannot lawfully be excluded.

We endeavour to identify significant condition issues where reasonably practicable, but descriptions and condition reports are not intended to provide an exhaustive account of every mark, defect, repair, alteration or restoration.

The absence of a reference to a particular defect does not necessarily mean that the item is free from defects.

Prospective Buyers are encouraged to inspect items personally where possible and may request additional photographs or a condition report before bidding or purchasing.

5. Photographs

Photographs are provided to assist prospective Buyers and form part of the information available about an item.

Selwood Auctions endeavours to represent items accurately, but colours and appearance may vary as a result of lighting, photography, image processing and the screen or device being used.

Photographs may not show every surface, detail, mark or imperfection.

6. Estimates

Auction estimates represent Selwood Auctions' opinion of the range within which an item might sell at the time the estimate is prepared.

An estimate is provided as a guide only. It is not a valuation, guarantee of value or guarantee of the eventual sale price.

Unless expressly stated otherwise, estimates do not include the Buyer's Premium or other applicable charges.

7. Reserves

Auction lots may be subject to a reserve, being the confidential minimum price below which the Seller has agreed that the lot will not normally be sold.

Where permitted by law and the applicable bidding system, Selwood Auctions may place bids on behalf of the Seller up to the reserve but will not bid above it.

If bidding does not reach the reserve, the lot may remain unsold.

Following an auction, Selwood Auctions may invite offers for an unsold lot.

8. Registration and Bidding

Prospective Buyers may be required to register before bidding. Selwood Auctions may request information reasonably required to verify identity, address and payment details.

By registering to bid, you confirm that the information supplied is accurate and that you are legally entitled to enter into the transaction.

You are responsible for bids placed through your account and for keeping your account details secure.

A bid constitutes an offer to purchase the lot at the amount bid together with the applicable Buyer's Premium and any other charges disclosed before bidding.

Once accepted in accordance with the auction process, a bid cannot normally be withdrawn.

9. Online Auctions

Selwood Auctions auctions may take place through our website or through a third-party bidding platform.

Closing times, bidding increments and other procedures will be stated for each auction. Where extended bidding or another method of determining the closing time applies, this will be explained with the relevant sale.

Online bidding depends upon technology and internet connectivity. Selwood Auctions cannot guarantee uninterrupted access to a bidding platform.

If a technical problem materially affects an auction, Selwood Auctions may, where reasonably necessary and permitted by law, extend bidding, reopen a lot, postpone or cancel a sale or take another reasonable step to ensure that the sale is conducted fairly.

10. The Auction Contract

Subject to any reserve, a contract of sale is formed when the auction process identifies the successful bidder in accordance with the rules applying to that sale.

The successful bidder becomes the Buyer and is responsible for paying the purchase price and all applicable charges.

If there is a dispute concerning bidding or the identity of the successful bidder, Selwood Auctions may take such reasonable action as is permitted under the applicable auction terms and law.

11. Buy Now

Items offered through Buy Now are available at the price displayed, subject to availability.

Placing an item in a basket or beginning the checkout process does not necessarily reserve it.

The point at which a binding contract is formed will be made clear during the purchasing process. Where an order requires acceptance by Selwood Auctions or the Seller, an automated acknowledgement does not itself constitute acceptance unless expressly stated otherwise.

If an item is no longer available after an order has been placed but before a contract has been formed, any payment taken will be refunded.

12. Private Sales

Items offered by Private Sale may be purchased at the stated asking price or at another price agreed between the parties.

An enquiry about an item does not reserve it or create a contract.

Where an offer is made, no contract arises until the offer has been accepted and any conditions applying to the sale have been agreed.

13. Buyer's Premium and Charges

A Buyer's Premium may be payable to Selwood Auctions in addition to the hammer price or agreed purchase price.

The applicable rate, VAT and any other compulsory charges will be stated before the Buyer commits to the transaction.

Delivery, packing, storage, specialist handling and other optional services may be charged separately.

14. Payment

The Buyer must pay the full amount due within the period specified on the invoice or in the relevant sale information.

Accepted payment methods will be stated on the Selwood Auctions website, invoice or payment request.

Selwood Auctions may require cleared funds before an item is released.

Payments should normally be made by or on behalf of the registered Buyer. Selwood Auctions may carry out reasonable identity, payment, fraud-prevention or other checks before accepting payment or releasing property.

15. Title and Risk

Ownership of an item will not pass to the Buyer until Selwood Auctions or the Seller has received all sums due in cleared funds, unless applicable law requires otherwise.

Responsibility for loss of or damage to an item will pass to the Buyer at the time specified in the relevant sale information or, where no different time is stated, when the item is collected by or on behalf of the Buyer.

Nothing in this provision limits any rights that cannot lawfully be excluded.

16. Collection

Buyers are responsible for checking the location of an item and the applicable collection arrangements before bidding or purchasing.

Items may be located at Selwood Auctions' premises, at a Seller's property or at another stated location.

For House Sales in particular, collection may be available only on specified dates and at specified times.

Where Buyers arrange their own collection, they are responsible for providing sufficient people, vehicles, packing materials and equipment to remove purchased items safely.

Buyers and their contractors must take reasonable care when entering a private property and must follow reasonable instructions concerning access, security and safety.

17. House Sales and Items Sold In Situ

Some Selwood Auctions sales take place while items remain within the private house or property from which they originate.

Prospective Buyers should pay particular attention to the location, dimensions, access and collection arrangements for these items before purchasing.

The Buyer is responsible for providing Selwood Auctions with relevant information about any delivery or access requirements at the destination.

Where a Buyer elects to collect an item themselves or appoints their own carrier, the Buyer is responsible for satisfying themselves that the item can be safely removed and for arranging any labour or specialist equipment required.

Removal must not cause unreasonable damage to the property or other items. The Buyer may be responsible for damage caused by the Buyer or anyone collecting on their behalf.

18. Collection, Delivery and Shipping

Unless expressly stated otherwise, collection, delivery, shipping and packing are not included in the purchase price.

Selwood Auctions can arrange collection, packing, delivery and shipping on behalf of Buyers as an additional service. Where this service is available, Buyers may request a quotation before or after purchasing.

Charges will depend on the nature, size and location of the item, the delivery destination and any particular packing, handling, insurance or access requirements.

Selwood Auctions may provide logistics services directly or coordinate them through selected independent carriers, removers, packers and specialist providers. Where Selwood Auctions manages delivery on the Buyer's behalf, we will coordinate the arrangements from collection through to delivery.

Any applicable charges and relevant terms will be provided before the Buyer agrees to the service.

Buyers are responsible for providing accurate delivery information and advising Selwood Auctions in advance of stairs, restricted access, parking limitations, narrow entrances or other circumstances that may affect delivery.

Delivery dates and times are estimates unless expressly agreed otherwise and may be affected by circumstances outside our reasonable control.

Buyers are not required to use the Selwood Auctions delivery service and may arrange their own collection or carrier, subject to the collection requirements for the relevant item or sale.

19. Failure to Collect

Purchased items must be collected or delivery arrangements agreed within the period stated for the relevant sale.

Where an item is not collected on time, Selwood Auctions may charge reasonable storage, handling, transport or other costs incurred as a result.

Where an item remains uncollected for a substantial period, Selwood Auctions and/or the Seller may exercise any rights available under the contract and applicable law. This may include moving the item to storage at the Buyer's expense or, following appropriate notice, taking steps to recover amounts due.

Particular attention should be paid to collection deadlines for House Sales, as the property may need to be cleared by a particular date.

20. Buyer's Default

If a Buyer fails to pay for or collect an item in accordance with the agreed terms, Selwood Auctions and/or the Seller may exercise any rights available under the contract and applicable law.

Depending on the circumstances, this may include cancelling the sale, retaining any deposit where lawfully permitted, recovering reasonable losses or costs resulting from the default, or offering the item for sale again.

Any action taken will be subject to applicable consumer law and the circumstances of the transaction.

21. Consumer Rights and Cancellation

Nothing in these Conditions of Sale is intended to exclude or restrict any statutory rights available to a Buyer as a consumer.

The rights applying to a purchase can depend upon how an item is sold, the status of the Seller, whether Selwood Auctions is acting as agent or principal, and whether the contract is concluded online, at an auction or by another method.

Where a statutory right to cancel applies, information concerning that right, the applicable cancellation period and how it may be exercised will be provided as required by law.

Where no statutory cancellation right applies, a Buyer should not assume that an item can be returned simply because they have changed their mind.

Nothing in this section affects any rights relating to goods that have been materially misdescribed or any other rights available under applicable law.

22. Authenticity, Attribution and Errors

Selwood Auctions takes reasonable care when researching and cataloguing items, but the attribution and identification of antiques and works of art can involve matters of judgement, opinion and evolving scholarship.

If Selwood Auctions becomes aware before a sale of a material error in a catalogue description, we may amend the description, notify prospective Buyers, withdraw the item or take another appropriate step.

If a Buyer believes an item has been materially misdescribed, they should contact Selwood Auctions promptly, providing details of their concern and any relevant supporting evidence.

Any statutory rights available to the Buyer remain unaffected.

23. Withdrawal of Property

Selwood Auctions may withdraw an item from sale before a binding contract has been formed where reasonably necessary, including at the Seller's request or where questions arise concerning ownership, attribution, authenticity, condition or legal restrictions.

Neither Selwood Auctions nor the Seller will normally be obliged to complete a transaction where no binding contract has yet been formed.

24. Export and Restricted Items

Certain items may be subject to legal restrictions relating to export, import, protected species, cultural property or other matters.

Unless expressly agreed otherwise, the Buyer is responsible for determining whether any licence or permission is required and for obtaining it.

The inability to obtain a licence or permission will not necessarily provide a right to cancel a purchase.

25. Liability

Nothing in these Conditions of Sale excludes or limits liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation.

Nothing in these Conditions affects statutory rights that cannot lawfully be excluded or restricted.

Subject to those rights and applicable law, Selwood Auctions will not be responsible for losses that were not reasonably foreseeable or for losses arising from circumstances outside our reasonable control.

26. Personal Information

Personal information provided to Selwood Auctions will be handled in accordance with our Privacy Policy.

We may use information supplied by Buyers to administer sales, process payments, conduct appropriate identity and fraud-prevention checks, arrange collection and delivery, maintain records and comply with our legal obligations.

27. Changes to Sale Information

Selwood Auctions may amend or supplement catalogue information before a sale where further information becomes available.

Material changes will be communicated in an appropriate manner, which may include amendments to the online catalogue or notices associated with the relevant item.

Buyers should check the latest information relating to an item before bidding or purchasing.

28. Governing Law

These Conditions of Sale and any contractual or non-contractual dispute arising from them are governed by the laws of England and Wales, subject to any mandatory rights available to consumers.

The courts having jurisdiction will be determined in accordance with applicable law.

29. Contact

Questions about an item, a sale or these Conditions of Sale should be directed to:

Selwood Auctions
[Full legal company name]
[Business address]
[Email address]
[Telephone number]

Last updated: [Month Year]