in aid of the Born Free Foundation
Terms and Conditions for prospective bidders
In these Conditions:
a. “auctioneer” means the designated and authorised auctioneer, as appropriate.
b. “the seller” means Hannah Shergold Limited.
c. “the charity” means The Born Free Foundation. Registered charity number 1070906.
d. “hammer price” means the level of bidding reached (at or above any reserve) when the auctioneer brings down the hammer.
e. “terms of consignment” means the stipulated terms and rates of commission on which the auctioneer accepts instructions from Hannah Shergold Limited.
f. “total amount due” means the hammer price in respect of the lot sold together with any Value Added Tax chargeable and any additional charges payable by a defaulting buyer under these Conditions.
g. “sale proceeds” means the net amount due to the seller, being the hammer price of the lot sold less Value Added Tax chargeable.
h. “You”, “Your”, etc. refer to the buyer as identified in Condition 2.
i. The singular includes the plural and vice versa as appropriate.
2. Bidding procedures and the buyer
a. The auction of two original artworks by artist Hannah Shergold will take place at the private view of her solo exhibition at La Galleria, Pall Mall, London on Tuesday 18thJune 2019. The event will open at 1830 hrs and the auction will commence no earlier than 1930 hrs.
b. The hammer price will be the total amount paid directly to the charity. Hannah Shergold will not charge fees or commission.
c. Potential bidders, if not already invited to the event, are requested to contact Hannah Shergold by email or telephone to register interest and request a ticket (email@example.com 07729 219590).
d. Commission bidders are required to contact Hannah Shergold and register their particulars and satisfy any security arrangements before bidding - see paragraph 10.
e. the maker of the highest bid accepted by the auctioneer conducting the sale shall be the buyer at the hammer price and any dispute about a bid shall be settled at the auctioneer’s absolute discretion by reoffering the Lot during the course of the auction or otherwise. The auctioneer shall act reasonably in exercising this discretion.
f. Bidders shall be deemed to act as principals.
g. The auctioneer shall act and bid on behalf of Hannah Shergold up to the amount of any reserve. The right to refuse any bid is also reserved.
a. Bidding increments shall be at the auctioneer’s sole discretion.
4. The purchase price
a. The buyer shall pay the hammer price together with any Value Added Tax applicable by law.
5. Value Added Tax (VAT)
a. The Born Free Foundation is a registered charity and as such is subject to zero-rate Value Added Tax on the sale of all charitable donations.
a. Immediately a Lot is sold you will:
i. give to the charity, if requested, proof of identity, and
ii. pay directly to the charity the total amount due.
b. You may pay for purchases in a number of ways: Bank Transfer, Debit card, Cash and Credit card. Card charges will be applicable at 3%. Computer facilities can be made available upon request.
7. Title and collection of purchases
a. The ownership of any Lots purchased shall not pass to you until you have made payment in full to the charity of the total amount due.
b. No Lot may be removed from the exhibition until Saturday 29thJune 2019 at the end of Hannah Shergold’s exhibition, at which point you may at your own risk and expense take away any lot that you have purchased. A courier service can be arranged upon request.
8. Remedies for non-payment or failure to collect purchases
a. If any Lot is not paid for in full and taken away in accordance with these Conditions or if there is any other breach of these Conditions, Hannah Shergold shall at her absolute discretion and without prejudice to any other rights she may have, be entitled to exercise one or more of the following rights and remedies:
i. to proceed against you for damages for breach of contract;
ii. to rescind the sale of that Lot and/or any other Lots sold by us to you;
iii. to resell the Lot (by auction or private treaty) in which case you shall be responsible for any resulting deficiency in the total amount due (after crediting any part payment and adding any resale costs). Any surplus so arising shall belong to Hannah Shergold;
iv. to remove, store and insure the Lot at your expense and, in the case of storage, either at her premises or elsewhere;
b. to charge interest at a rate not exceeding 1.5% per month on the total amount due;
c. to retain the Lot sold to you until you pay the total amount due;
d. to reject or ignore bids from you or your agent at future auctions or to impose conditions before any such bids shall be accepted.
9. Third party liability
a. All members of the public present at La Galleria are there at their own risk and must note the lay-out of the venue and security arrangements. Accordingly, neither Hannah Shergold, the auctioneer, nor any staff shall incur liability for death or personal injury (except as required by law by reason of their negligence) or similarly for the safety of the property of persons visiting prior to or at the sale.
10. Commission and telephone bids
a. Whilst prospective buyers are strongly advised to attend the auction the auctioneer will, if so instructed clearly and in writing, execute bids on behalf of a prospective buyer or by telephone.
b. Bidders are always responsible for any decision to bid for a particular Lot and It shall be assumed that they have carefully inspected the catalogue and satisfied themselves as to its particulars.
c. Neither Hannah Shergold, the auctioneer nor any persons assisting with telephone bids shall be responsible for any failure to bid. Where two or more commission bids at the same level are recorded the auctioneer reserves the right at his or her absolute discretion to prefer the first bid so made.
d. Hannah Shergold reserves the right to reject any commission bids, at her discretion.
a. The auctioneer will act as agent only and disclaims any responsibility for default by the seller or buyer.
12. Descriptions and condition
a. Whilst Hannah Shergold has made every effort to describe Lots accurately, it is impossible to recreate the accuracy of colour or texture of original artwork in print for the purposes of the catalogue.
b. Prospective buyers are given ample opportunity to view and inspect the available Lots prior to the sale and they (and any independent experts on their behalf) must satisfy themselves as to the accuracy of any description applied to the Lots. Prospective buyers, if unable to visit the exhibition prior to the auction date, may request to visit Hannah’s studio in Winchester by appointment only. Request may be made by email (firstname.lastname@example.org) or telephone (07729 219590)
a. Hannah Shergold reserves the right, at her discretion, to refuse admission to any person to La Galleria on the night of the Private View.
b. English law applies to the interpretation of these Conditions.
14. Data protection