Terms & Conditions
Introduction
Plymouth Auction Rooms acts as agent for the seller unless otherwise stated. Payment to the seller is dependent upon receipt of cleared funds from the buyer.
Most lots offered are antique or second-hand and may show signs of age, wear, restoration or other imperfections. Prospective buyers are encouraged to examine lots carefully before bidding and to request condition reports where appropriate.
The following Conditions of Sale apply to all purchases made through Plymouth Auction Rooms, whether bidding in person, online, by telephone or by commission bid.
- Bids
All bids constitute offers made subject to these Conditions of Sale. By registering or bidding, buyers acknowledge and agree to these conditions.
- Identification of the Buyer
The buyer shall be the person making the highest bid accepted by the auctioneer, as indicated by the fall of the hammer.
In the event of a dispute during or immediately following the sale of a lot, the auctioneer may, at their discretion, offer the lot for sale again.
- Auctioneer’s Discretion
The auctioneer reserves the right to:
- Refuse any bid.
- Determine bidding increments.
- Resolve bidding disputes and reoffer a lot where appropriate.
- Withdraw, divide or combine lots.
- Refuse admission to, or remove any person from, the saleroom.
- Reserves and Seller’s Right to Bid
Lots may be offered subject to a reserve price agreed with the seller.
The auctioneer may bid on behalf of the seller up to the reserve price.
Where a lot is offered without reserve, any bidding by or on behalf of the seller must comply with applicable law and be disclosed where required.
- Buyer’s Responsibilities and Buyer’s Premium
Buyers must provide their full name and address before bidding and, when requested, satisfactory identification or references.
The purchase price comprises the hammer price, buyer’s premium, any applicable online bidding charges, VAT and any other applicable charges.
Buyer’s Premium
The buyer’s premium is 23% plus VAT (27.6% including VAT), calculated on the hammer price of each lot.
Additional online bidding charges are:
- Plymouth Auction Rooms online bidding: 3.6% including VAT.
- The Saleroom: 6% including VAT.
These charges are calculated on the hammer price and are additional to the buyer’s premium.
All purchases must be paid for in full before collection or dispatch.
Purchased lots must be collected within seven days of the auction unless alternative arrangements have been agreed.
- Payment
Unless otherwise agreed with Plymouth Auction Rooms, all purchases must be paid for in full within four working days of the auction.
We accept the following payment methods:
- Bank transfer: Our preferred method, particularly for larger purchases and online bidders.
- Debit and credit cards: Accepted in person at the saleroom up to £3,000. Higher amounts may be accepted by prior arrangement.
- Online card payments: Limited to £1,000. Purchases exceeding this amount must be paid by bank transfer.
- Cash: Accepted up to £3,000, subject to identification and payment checks.
Plymouth Auction Rooms reserves the right to require payment by bank transfer where appropriate.
All payments must be received in cleared funds before purchased lots are released.
- Liability of the Auctioneer and Seller
Subject to applicable law and the provisions relating to forgeries, lots are offered in their existing condition, including any faults, imperfections, restoration or alterations.
The seller warrants that they have the right to sell the lot.
Prospective buyers are responsible for satisfying themselves as to the condition, description and suitability of lots before bidding.
Nothing in these conditions excludes or restricts liability where such exclusion or restriction is prohibited by law.
- Catalogue Descriptions
Plymouth Auction Rooms takes reasonable care in preparing catalogue descriptions and providing information about lots.
Descriptions, attributions, dates, provenance, condition reports and estimates may include matters of specialist opinion and should be considered accordingly.
Buyers are encouraged to inspect lots and request further information before bidding.
Any statements or warranties made in relation to a lot remain subject to applicable law.
- Forgeries
If a buyer believes that a purchased lot is a deliberate forgery, they must notify Plymouth Auction Rooms in writing within fourteen days of the auction, providing supporting evidence.
The lot must be returned to Plymouth Auction Rooms in the same condition as at the time of sale.
Where Plymouth Auction Rooms is satisfied that the lot meets the definition of a forgery under these conditions, the sale may be rescinded and the purchase price refunded.
This provision does not affect any statutory rights that cannot lawfully be excluded.
- Ownership and Risk
Ownership of a purchased lot will not pass to the buyer until payment has been received in full and cleared funds.
Subject to applicable law, risk of loss or damage passes to the buyer upon the fall of the hammer.
Plymouth Auction Rooms retains possession of lots until payment has been completed and may exercise a lien over unpaid purchases.
- Definitions and Interpretation
For the purposes of these conditions:
Auctioneer means Plymouth Auction Rooms Ltd and, where appropriate, its authorised representatives.
Buyer means the person whose bid is accepted by the auctioneer, whether bidding personally or through an authorised agent.
Seller means the person or organisation offering a lot for sale through Plymouth Auction Rooms.
Forgery means a lot deliberately created or altered to deceive as to its authorship, origin, date or other material characteristic, where that deception materially affects its value in relation to its catalogue description.
These conditions are governed by the laws of England and Wales, subject to any mandatory legal protections applicable to the buyer.
- Withdrawal of Lots
Plymouth Auction Rooms reserves the right to withdraw any lot from sale at any time before the fall of the hammer.
Non-Payment and Failure to Collect
If a buyer fails to pay for or collect a purchased lot in accordance with these conditions, Plymouth Auction Rooms may, subject to applicable law and without prejudice to any other rights:
- Pursue damages arising from breach of contract.
- Rescind the sale of the relevant lot or other lots purchased by the buyer.
- Resell the lot by auction or private treaty and recover any resulting shortfall and reasonable resale expenses from the original buyer. Any surplus shall belong to the seller.
- Charge interest on overdue amounts at a rate not exceeding 1.5% per month, where lawfully applicable.
- Refuse or restrict the buyer’s participation in future auctions.
- Online Bidding
Plymouth Auction Rooms offers live online bidding through:
Buyers must register with their chosen platform and provide the information required for registration and payment.
Additional online bidding charges apply as detailed in Condition 5.
By registering, buyers authorise payment processing in accordance with the terms of their chosen bidding platform and the payment arrangements agreed with Plymouth Auction Rooms.
Where a valid payment method has been registered, Plymouth Auction Rooms may collect payment for successful purchases, subject to the applicable payment limits and authorisations.
Buyers are responsible for ensuring that their registration has been approved before bidding.
Plymouth Auction Rooms cannot guarantee approval of registrations submitted during an auction.
- Watches
Prospective buyers are strongly encouraged to inspect watches before bidding and request condition reports where necessary.
Watches may have undergone previous repairs, servicing, restoration or replacement of components.
Plymouth Auction Rooms makes reasonable efforts to identify and disclose significant alterations where possible. However, it may not be possible to establish the originality of every component, including movements, cases, dials, hands, crystals, straps, buckles and internal parts.
The absence of a reference to replacement or non-original components should not be interpreted as confirmation that every component is original.
Buyers should also be aware that replacement or modified components may affect a manufacturer’s willingness or ability to service a watch.
Water Resistance
Water resistance cannot be guaranteed. Opening a case back, ageing seals or previous servicing may affect water resistance.
We recommend that watches are inspected and, where appropriate, resealed by a qualified watchmaker before exposure to water.
Nothing in this section affects a buyer’s statutory rights.
- Jewellery
Prospective buyers are encouraged to inspect jewellery before bidding and to request condition reports where appropriate.
Gemstone identification, grading and assessments may be limited by settings, mounting arrangements and the availability of specialist laboratory testing.
16.1 Coloured Gemstones
Many coloured gemstones have historically been treated to enhance their appearance.
Common treatments include heating of rubies and sapphires and oiling of emeralds. Some treatments are permanent, while others may require further attention over time.
Unless expressly stated otherwise, buyers should be aware that gemstones may have undergone treatment.
Where available, independent gemmological reports will be referred to in the catalogue description.
16.2 Diamonds
Diamonds may have undergone treatments intended to improve their appearance or alter their colour, including fracture filling, laser drilling, HPHT treatment, irradiation or coatings.
Laboratory-grown diamonds are also present in the jewellery market.
Plymouth Auction Rooms makes reasonable efforts to identify and disclose treated or laboratory-grown diamonds. However, testing may be limited by settings and the equipment available.
Where treatments or laboratory-grown diamonds have been identified, this information will be included in the catalogue description where appropriate.
16.3 Weights and Measurements
Estimated gemstone weights, colours and clarities are provided as guidance and may be affected by mounts and settings.
Coloured gemstone weights may be calculated from estimated dimensions using recognised trade methods.
All dimensions and weights should be regarded as approximate unless expressly stated otherwise.
16.4 Condition Reports
Plymouth Auction Rooms provides condition reports on most lots upon request.
These reports represent our opinion based on examination of the item and are intended to assist prospective buyers.
The absence of a reference to damage, restoration or wear does not necessarily indicate that a lot is free from defects.
As most items offered are antique or second-hand, signs of age and use should be expected.
We recommend that buyers inspect lots personally or arrange for an independent representative to do so before bidding.
Artist’s Resale Right (Droit de Suite)
Certain original works of art selling for £1,000 or more may be subject to Artist’s Resale Right, an additional royalty payable to qualifying artists or their estates.
Where applicable, the royalty is calculated on a sliding scale based on the hammer price, is not subject to VAT and will be identified in the auction catalogue.
Royalties are calculated on a sliding scale based on the hammer price, excluding buyer’s premium, with a maximum royalty equivalent to €12,500 per lot.
Where applicable, the royalty is payable by the buyer in addition to the purchase price and is passed to the appropriate collecting society.
ARR is not subject to VAT.
Lots subject to ARR will be identified in the auction catalogue.
Further information is available from DACS or the Artists’ Collecting Society.
Please contact Plymouth Auction Rooms for details of the applicable exchange rate or royalty calculation.