Terms & Conditions

OPEN HOUSE AUCTIONS

Information for Buyers | Terms of Consignment (for Sellers) | Terms of Sale (for Bidders and Buyers)

 

These terms and conditions relate to Open House Auctions, where viewing of lots is available at our Stansted Mountfitchet Auction Rooms. Open House Auctions operate as a Timed Auction.  

  

INFORMATION FOR BUYERS AT AUCTIONS

Introduction
The following notes are intended to assist Bidders and Buyers, particularly those that are inexperienced or new to online salerooms. All of our auctions are governed by our Terms and Conditions and any notices that are displayed in our salerooms or on any listing for a Lot in our online auction catalogue. Our Terms and Conditions are available for inspection on our website at www.sworder.co.uk Our staff will be happy to help you if there is anything in our Terms and Conditions that you do not fully understand.

Please make sure that you read our Terms of Sale carefully before bidding in the auction.  If your bid is successful, you will be obliged to comply with our Terms of Sale.

Methods of payment
Lots must be paid for before they are collected or shipped. Acceptable methods of payment are displayed on our website/online bidding platform. Any cheques will need to be cleared before you can take the Goods away.

Collection and storage
All Lots should be paid for and collected by 5pm on the Friday following the sale. Commission Bidders should check the success of their bids and arrange payment, and collection or shipping within this time. Items not removed by 5pm on Friday may be removed at the purchaser’s expense and storage charges of £10 (plus VAT) for administration and £2 (plus VAT) per Lot per day may be applied.  

Agency
As Auctioneers we usually act on behalf of the Seller whose identity, for reasons of confidentiality, is not normally disclosed. If you buy at auction your contract for the Goods is with the Seller, not with us as Auctioneer. 

Estimates
Estimates are designed to help you gauge what sort of sum might be involved for the purchase of a particular Lot. Estimates may change and should not be thought of as the sale Price. The lower estimate may represent the Reserve Price (the minimum Price for which a Lot may be sold) and will not be below the Reserve Price. Estimates do not include the Buyer’s Premium or VAT (where chargeable). Estimates are prepared some time before the auction and may be altered on the listing for a Lot in our online auction catalogue. They are not definitive. 

Buyer’s Premium
The Terms of Sale oblige you to pay a Buyer’s Premium on the Hammer Price of each Lot purchased at 25%. In addition, VAT is charged on these Premiums (see below).

Value Added Tax (VAT)
Items in our online auction catalogue may be marked with a dagger † or double dagger ‡, which indicates that VAT is payable by the Buyer on the Hammer Price and the Buyer’s Premium at either the standard rate (currently 20%) or a reduced rate (currently 5%), depending upon the legal requirements relating to that Lot.

Lots which do not have either of the above symbols have no VAT payable on the Hammer Price. This is because such Lots are sold using the Auctioneers’ Margin Scheme.  The VAT included within the Premium is not recoverable as input tax.

Shipping Costs are liable for VAT and are payable by the Buyer.

If you are exporting the items from the UK, you may be able to claim a reimbursement of the VAT, where:

1. you are using Sworders Delivery service.

In these cases, a zero rated (VAT exempt) invoice can be issued where the following criteria are met:

1. the items are exported within three months of the date of the auction
2. the total amount of VAT payable would exceed £75 per shipment

There is no administrative charge for clients using Sworders Delivery Service.

If you cancel shipping through Sworders Delivery Service, we will reinstate the VAT, which must be paid prior to the release of goods.

2. you arrange shipping through a private logistics company, agent or courier and the following criteria are met:
   1. the invoice is paid in full, including VAT
   2. the items are exported from the UK within three months of the date of the auction
   3. the certificate of shipment and export documents are provided to us within a year of the date of export from the UK
   4. the total amount of VAT to be claimed exceeds £75 (from which you will be deducted a £25 administrative fee) 

Inspection of Goods by the Buyer
As we act on behalf of the Seller, we are dependent on information provided by the Seller about their Goods. We may inspect Lots and will act reasonably in taking a general view about them. However, we are normally unable to carry out detailed examinations of Lots to check their condition in the way a Buyer would do. You will have opportunity to inspect the Goods. You must inspect and investigate Lots that you might wish to bid for. Please note carefully the exclusion of liability for the description and condition of Lots set out in the Terms of Sale at clauses 17.4 and 17.6. 

Condition Reports
A condition report for each lot is listed on our website, alongside the item description. Please note that condition reports are a matter of opinion, they are not exhaustive and are a guide only, based on what can be seen to the naked eye, unless otherwise specified, no responsibility is accepted for their accuracy. Lots will not be removed from frames, cases, or housing, unless specified. We may be able to assist you by sending additional images of a lot, on request.  

Shipping of Goods

We offer a delivery service for Lots purchased, either by shipping ourselves, in partnership with Bradleys Shipping Service, or use of a third-party logistics company. Estimates for Shipping Costs for smaller items may be calculated pre-sale on our website under each Lot and are based on value, size and your chosen UK destination. For items purchased, the actual cost can be added to your account and paid online after the sale. If you purchase multiple Lots from the same auction, we will combine packaging/deliveries to reduce the Shipping Costs. Lots for which Shipping Costs cannot be automatically calculated, such as furniture, you can obtain a bespoke Shipping Cost from our website to any destination in the world after you have purchased the Lot, by clicking the link in your invoice. 

Estimates of Shipping Costs on our website are based on the low estimate, however, these are subject to change where the method for delivery of Lots changes. . 

Electrical Goods 
These are sold as ‘antiques’ only for their historical or decorative attributes. If you buy electrical Goods for use, you must ask a qualified electrician to check them for compliance with safety regulations before you use them. 

Restricted Items

We do not sell items that are prohibited under UK legislation from sale.  

The sale of lots containing ivory from Elephants, hippopotamus, narwhal, killer whale, and sperm whale are banned, subject to some exemptions. For goods that contain ivory, you should satisfy yourself that they are correctly registered or certified and meet the exemption criteria as set out in applicable legislation.  

If you intend to export goods that may fall to be a protected species, or one that requires to be registered or listed as exempt, you should find out: 

1. whether you need an export licence 
2. if there is a prohibition on the export of goods of that nature outside of the UK or on the import of goods into your intended country, for example, if the goods contain prohibited materials such as ivory or protected fauna and flora.

Post 1950 Upholstered Furniture
All items of furniture included in a sale are offered for sale as works of art. The items may not comply with the Furniture and Furnishings (Fire) Safety Regulations 1988 and for this reason, they should not be used in a private dwelling.

Furniture made of Brazilian Rosewood (Dalbergia nigra) 
To comply with CITES Regulations on Post-1947 furniture made of Brazilian Rosewood, all post-war rosewood furniture items must have an Article 10 certificate in place, prior to being offered for sale. 

If you are purchasing rosewood furniture for commercial purposes and not solely for your own use, CITES regulations require you to obtain your own certificate. You would need to contact the Animal and Plant Health Agency (APHA) and, as part of the process of obtaining your document, it is a requirement that you have seen sight of the Sworders’ certificate or are aware of its reference number.  

It is the responsibility of commercial Buyers to ensure that they obtain a copy of the appropriate certificate, or the certificate reference number, after purchase from Sworders Fine Art Auctioneers. Items are marked with this sign §. 

Bidding
If you are bidding on SwordersTimed, you will need to create an account with us, before registering to bid in our Open House auction. We recommend that Bidders register with us before the auction starts. We Reserve the right to impose a deadline prior to the auction by which you must register. If you wish to bid on high value Lots this deadline may be several days before the auction to allow us sufficient time to carry out the necessary checks. Lots will be invoiced to the name and address as registered for bidding. You may need to provide us with proof of your identity in a form acceptable to us and such other information as we may require. Please note that we may cancel your registration with us if you do not provide us with all the information and documentation that we ask for or at our discretion. 

Artist Resale Rights
Lots marked with a ▴ indicate the item is subject to additional Artist's Resale Right charges.

Financial Checks

As auctioneers we may have to conduct various checks into our customers under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (as amended), under sanctions legislation and other related legislation.  

If you are successful in your bid, and your hammer total is in excess of £6,000.00, you may need to provide the documentation, as set out below, unless we confirm we already have this information from you: 

a. For individuals 
1.a.1. official photo identification (driving licence, passport or equivalent); and  
1.a.2. proof of address (less than three months old) 

b. For corporate entities 
1.b.1. the certificate of incorporation (or equivalent) with the entity’s official name, registered number (if any) and registered address
1.b.2. details and ID documentation for directors and beneficial owners of the entity 

c. For trusts and estates  
1.c.1. details and ID documentation for executors/trustees; and
1.c.2. details of beneficiaries and settlor

We may ask you for further information if we deem this necessary. We may use third party software, to enable you to provide us with your identification documents, to verify your identity and ensure compliance with our legal responsibilities.   

If you are bidding for another person (your “principal”) you will be required to provide the above information for yourself and your principal, along with a signed letter from your principal authorising you to bid on his/her behalf. 

If we deem that you have not provided sufficient information for us to complete our anti-money laundering, terrorist financing and sanctions checks to our satisfaction, we may refuse to register you to bid and we may postpone completion of, or cancel, any contract made by you and the Seller in the event you have made a successful bid. 

TERMS OF CONSIGNMENT FOR OPEN HOUSE AUCTIONS

Please note that if you (or another person acting on your behalf) provide Goods to us to sell on your behalf at our online auction, this signifies that you agree to and will comply with these Terms of Consignment for Open House Auctions. 

These Terms of Consignment apply to Open House auctions only. We have separate terms for specialist auctions or online only auctions where no viewing is available.  

1. Definitions and interpretation
1.1 To make these Terms of Consignment easier to read, we have given the following words a specific meaning:

1.2 In these Terms of consignment for Open House auctions the words ‘you’, ‘yours’, etc. refer to the Seller. The words ‘we’, ‘us’, etc. refer to the Auctioneer. If the consignment of Goods to us is made by an agent, we assume that you (as owner of the Goods) have authorised the consignment and authorised the agent to contract us on your behalf. All obligations that apply to the Seller under these Terms of Consignment for Open House Auctions shall apply to the owner of the Goods and their agent, jointly and separately. Any reference to a ‘Clause’ is to a clause of these Terms of Consignment unless stated otherwise. 

2. Information that we are required to give to Consumers
2.1 A description of the main characteristics of the auction-related services that we are providing to you as set out in these Terms of Consignment for Open House auctions or otherwise agreed with you in writing.

2.2 Our name, address and contact details as set out in these Terms of Consignment for Online Auctions and/or on our Website.

2.3 The rate at which we will charge you the Commission plus any applicable VAT on the sale of the Goods as set out in Clause 5.

2.4 The fee that we will charge you plus any applicable VAT as set out in Clause 18 if either the Goods are unsold at auction or the Goods are withdrawn by you from the auction after the Goods have been catalogued and/or marketed by us prior to the auction in any way.  

2.5. The arrangements for collection of any unsold Goods as set out in Clauses 18 and 20 and terms regarding payment of any Proceeds due to you set out in Clause 17.

2.6. If you have any complaints, please contact us at auctions@sworder.co.uk.

3. Procedure for consigning Goods for sale in Open House auctions
3.1 If you consign Goods to us for sale at online auction, you will need to provide us with the following information about you, in a form acceptable to us:

3.1.1 Your legal name and proof of identity;
3.1.2 Information about the Goods (as set out in Clause 12);
3.1.3 Your bank account details;
3.1.4 Your address and contact details;
3.1.5 Your VAT registration number (if applicable); and
3.1.6 Confirmation of whether you are selling goods as a trader or as a consumer; 

3.2 We may have to conduct various checks about you to comply with our legal requirement under Money Laundering legislation. We may require you to provide us with the following information:

3.2.1 for individuals – official photographic identification (driving licence, passport or equivalent), proof of your address 
3.2.2 for corporate entities – the certificate of incorporation (or equivalent) with the entities official name, registered number (if any) and registered address, as well as details and identity documentation for directors and beneficial owners of entity 
3.2.3 for trusts and estates – details and identification documentation for executors/ trustees and details of beneficiaries; if you need further information, contact us at auctions@sworder.co.uk 
3.2.4 any other documentation we may require from you, in connection with your identity 

3.3 If you do not provide us with, or we are not satisfied with any of the above information received from you, we may refuse to accept consignment of your Goods for sale in our auction and may postpone or cancel the contract between you and a successful bidder. 

3.4. If you are consigning goods for another person (your Principal) you will be required to provide the above information for yourself and your Principal, along with a singed letter from your Principal authorising you to consign those goods. 

3.5. You must provide the Goods to us by any stated deadline (at your expense). We may be able to assist you with this process, but any liability incurred to a carrier for haulage charges is solely your responsibility. 

4. The contract between you and the Buyer

4.1 We will confirm acceptance of a successful bid for the Goods to the Buyer by sending the Buyer a Bid Results confirmation by email. The contract for the purchase of the Lot between you and the Buyer will be formed when we send the Buyer the Bid Results confirmation, unless due diligence information required by us under the Money Laundering Regulations, in accordance with our internal procedure remains outstanding, in which case the contract will be formed when that information is accepted by us as complete.  

4.2 You may directly enforce any terms in the Terms of Sale against a Buyer and/or a Bidder to the extent that you have suffered damages and/or loss as a result of the Buyer and/or the Bidder’s breach of the Terms of Sale. 

4.3 If you breach these Terms of Consignment, you may be responsible for damages and/or losses suffered by a Buyer, Bidder and/or by us. If we are contacted by a Buyer and/or a Bidder who wishes to bring a claim against you, we may at our discretion provide the Buyer and/or Bidder with information or assistance in relation to that claim.  

4.4 If you are a Trader, you may not list or sell goods anonymously; the listing of your goods must include your name and business address. 

4.5 We normally act as an agent only and will not have any responsibility for default by you or the Buyer.  

4.6  We may delay completion of, or cancel, any contract for sale where: 

4.6.1 we have not completed our enquiries pursuant to the Money Laundering legislation to our satisfaction
4.6.2 we have concerns about the Buyer in relation to the Money Laundering Legislation 
4.6.3 we have reason to believe that the transaction might be unlawful for any reason, or that the sale might put us under any civil or criminal liability 

5.Commission
5.1 We will charge you a Commission on the sale of the Goods calculated as a percentage of the Hammer Price, unless we agree with you otherwise, at 17.5% (plus VAT).

5.2 There is a minimum Commission charge of £15.00 plus VAT per Lot. 

5.3 Where you have been introduced to us by a third party, such as an independent valuation service, we may, in some cases, pay a commission to them following the successful sale of your items.  

6.Loss and damage to Goods
6.1 We are not authorised by the FCA to provide insurance to you.  However, subject only to Clauses 6.3 and 6.4, we accept liability for Goods from the time we take possession of the Goods until title passes to the Buyer. 

6.2 Our liability for Goods is limited to our mid pre-sale estimate for the Lot before the sale, or our valuation if no estimate has been agreed, or the Hammer less our Commission if the Lot has sold, or the reserve, less our commission, if the Lot is unsold.  

6.3 The liability accepted by us in Clause 6.1 does not include any liability for loss or damage to the Goods that is caused by or results from: 
(i) any inherent vice or defect affecting the Goods;
(ii) acts of God, flood, drought, earthquake or other natural disaster;
(iii) acts of terrorism, civil commotion, riots or war; or
(iv) nuclear, chemical or biological contamination.

6.4 If you (or your agent) instruct us in writing not to assume liability for Goods, the Goods remain entirely at your risk unless and until the Goods pass to the Buyer or are collected by you or on your behalf.  In this case Clauses 6.1 - 6.3 will not apply.

7. Illustration Charges
You will pay for the cost of illustration of your Goods produced for the online auction catalogue listed on our website, and online bidding platforms at £10.00 per Lot. We Reserve the right to photograph all Goods unless you specifically request us not to. The copyright for these photographs will be owned by us, along with the text in the online auction catalogue. 

8. Reserves
8.1 In some cases, we may agree a discretionary Reserve with you. A discretionary reserve allows a Lot to be sold at 20% below the reserve price. We will only agree a reserve where: 

• the low estimate for furniture is above £400
• the low estimate for any other item is above £200 
• we believe it is appropriate to place a reserve, due to the nature of a Lot, for example where the item is made from silver  

8.2 We may decline to offer Goods which, in our opinion, would be subject to an unreasonably high Reserve (in which case the Goods carry the storage charge set out in these Terms of Consignment). 

8.3 Once we have agreed a Reserve, this cannot be changed except with your and our consent. 

8.4 You may in no circumstances bid personally on the goods you have consigned, or ask anyone else to bid on your behalf for such goods. 

9. Electrical items

We will test and certify safe or unsafe any electrical items that you wish to consign to us for sale using external contractors and make a charge to you of £10 plus VAT per Lot.  

10. Unsafe Goods
If in our opinion any of your Goods, in particular those which are soft furnishings, infringe safety regulations we will not offer these Goods for sale. You must remove such Goods at your expense. If you do not collect such Goods within seven days of our notice to do so, we may dispose of the Goods at your expense.

11. Picture frames
Due to the fragile nature of picture frames, we accept no responsibility for any damage, however caused, to picture frames whilst in our possession, either in the auction room, in store or in transit.

12. Warranties and information about the Goods

12.1 You must provide us with all information that you have relating to the provenance, export/import history, condition, attribution, authenticity and any other material characteristics of the Goods (and any additional information that may be relevant).   

12.2 If you are consigning goods containing or made from ivory, you must provide us with the exemption certificate, or proof of registration of the goods on the relevant Government website (or through alternative methods prescribed by Government at such time), as applicable, or provide us with all relevant information to allow us to request registration on your behalf. The exemption certificate shall be passed to the Buyer upon transfer of ownership, in accordance with the Terms of Sale.  

12.3 In addition to any warranties implied by law, you warrant to us and the Buyer that: 

12.3.1 any information that you provide in relation to the Goods is complete, correct and up to date 

12.3.2 the Goods will match any description of the Goods that you provide to us 

12.3.3 as far as you are aware, the main characteristics of the Goods set out in the auction catalogue (as amended by any notice displayed on the Lot detail screen in the auction listing are correct 

12.3.4 you are not aware of any defects affecting the characteristics of the Goods set out in clause 12.1 

12.3.5 the VAT status of the Goods declared by you is correct and any items to be sold under the Auctioneers’ margin scheme are eligible to be sold under the scheme, as set out in the current appropriate HMRC VAT notices; 

12.3.6 for goods consigned from outside the UK and to be entered under Temporary Admissions, the following conditions are met: 

(i) the goods are not returned goods to the UK or were goods previously exported by you from the UK 
(ii) ownership in the goods has not changed whilst they were outside the UK, and  
(iii) the goods are eligible for importation into the UK 

12.3.7 to the best of your knowledge, the Goods have been lawfully imported and lawfully and permanently exported as required by the laws of any country in which the Goods were located (save for goods imported in the UK under a Temporary Admissions procedure); required declarations upon the export and import of the Goods have been properly made; and any duties and taxes on the export and import of the Goods have been paid;  

12.3.8 neither you, nor any agent acting for you, or your Principal, are engaged in or, to the best of your knowledge, either under investigation or have been charged with or convicted of tax evasion, money laundering, terrorist financing or other criminal activities; 

12.3.9 neither you, nor any agent acting for you, or your Principal are subject to restrictive measures or owned, partly owned or controlled by person(s) subject to such restrictive measures, and to the best of your knowledge the goods have not been or are not used by, or for the benefit of, any person(s) subject to restrictive measures; 

12.3.10 neither 

(i) your consignment of the goods 
(ii) your sale of the goods to the Buyer 
(iii) our, or where applicable the Buyers receipt of the goods 

does or will violate the laws or regulations (including restrictive measures) of any country in which we, or the Buyer operate; 

12.3.11 you will pay all taxes and duties potentially due on the sale of the Goods.  

12.3.12 the goods are not connected with any criminal activity including tax evasion. 

12.4 Where you are acting on behalf of another person and you are an Art Market Participant, you warrant that: 

12.4.1 you have conducted appropriate customer due diligence on the ultimate owner(s) of the goods, in accordance with all applicable Money Laundering Legislation 

12.4.2 upon request, you will provide us, or any independent third-party auditor (employed at our cost), with any identification and any other relevant documents you have obtained for customer due diligence purposes on the ultimate owner(s) of the goods 

12.4.3 you consent to us relying on this due diligence; and 

12.4.4 you will retain for a period of not less than five years the documentation evidencing the due diligence 

12.5 Where you are acting on behalf of another person and you are not an Art Market Participant, you warrant that you will provide accurate and complete information about your Principal to us. 

12.6 You must let us know promptly, and in any event before the auction, if you find out that the warranties set out in this clause or any of the information you have provided to us relating to the Goods is incorrect or incomplete and/or if the Goods do not match the description that you provided to us, or the main characteristics of the Goods set out in the online auction catalogue. 

12.7 Any information that you provide in relation to the Goods may form part of the contract between you and us, or you and the Buyer, and you acknowledge that the Buyer may have a statutory right to reject the Goods if the information provided is incorrect.  

12.8 If we have to refund the Price of any Goods to the Buyer due to the Goods being a Deliberate Forgery, or for any other reason that we reasonably consider requires or may require us to do so, you must promptly on demand, and in any event within seven days, reimburse to us any Proceeds that we have transferred to you for those Goods following receipt of our written notice requesting you to do so.   

13. Transfer of ownership of the Goods
You warrant and undertake to us and the Buyer that you are the true owner of the Goods (or are properly authorised by the true owner to sell the Goods on the owner’s behalf) and you currently have and will have the right to sell the Goods to the Buyer, with good and marketable title free of any third party rights or claims at the time when ownership of the Goods is to be transferred.

14. Indemnity
You will indemnify and keep us fully indemnified against any and all liability, loss, damage, costs (including reasonable legal fees and any VAT in relation to such fees) and expenses which we may incur or suffer as a result of any breach of Clauses 12 or 13 by you, your Principal, or anyone acting on your behalf, including without limitation, if we are required to refund the price of any Goods to the buyer, as a result of your breach of these clauses.

15. Terms of Sale for Open House Auctions
You agree that the Goods will be sold to the Buyer in accordance with our Terms of Sale for Open House Auctions.

16. Authority to deduct Commission and expenses and retain Premium and interest
You authorise us to deduct our Commission at the stated rate and all expenses incurred on your account from the Hammer Price, plus any applicable VAT. You consent to our right to charge the Buyer and retain beneficially the Premium plus any applicable VAT paid by the Buyer in accordance with our Terms of Sale and any interest earned on the sale proceeds until the date of settlement. You also authorise us to charge the Buyer any fee owed to an independent bidding platform or service which has been used by the Buyer when bidding for your Lot, and to pay such fee to the independent bidding platform or service. 

17. Settlement

17.1 Subject to Clause 17.2 provided that the Buyer has paid for the Goods, we will usually pay the net sum due to you eight days of the day of the auction, by BACS transfer direct into the bank account you notified to us in writing. 

17.2 We shall be entitled to defer or withhold payment of the net sum due to you where: 

17.2.1 we have reasonable grounds to review (or where there is any uncertainty) whether any of the warranties and information about the Goods provided by you pursuant to clauses 12.1 to 12.5 are complete, correct, and up to date; or 
17.2.2 circumstances arise that may require us to refund the Price of the Goods to the Buyer in accordance with clause 12.8. We shall in that case pay the net sum due to you within twenty-one days of the day on which the review or uncertainty has been resolved to our satisfaction in your favour, and we are reasonably satisfied that we will not be required to refund the Price of the Goods to the Buyer.   

17.3 If the Buyer has paid for the Goods, we will pay the net sum due to you 8 working days after the last day of the auction.    

17.4 If the Buyer has not paid for the Goods, we will not submit payment to you. In this case no settlement will be made. We will however discuss with you the rights that we may exercise under Clause 12 of our Terms of Sale in relation to a Buyer’s failure to pay. We will not release the Goods to the Buyer until we have received payment in full of the price for the Goods and have completed our checks under Money Laundering Legislation. 

17.5 You must notify us in writing if your bank account details change.  We will not be responsible for any payments made to the incorrect bank account if this is because you have not provided us with the correct bank account details. 

17.6 If we make payments to your bank account in error, we may request reimbursement by sending you an invoice. 

17.7 We may deduct any sums that you owe to us from the sale proceeds. 

18. Unsold and withdrawn items

18.1 If the Goods are unsold, we will re-offer the Goods at a future auction with a variation in estimates and with no reserve. If goods do not sell, having been offered in two sales, you must collect the goods within two weeks of them being offered, or we may dispose of them on your behalf.  

18.2 Where, in our opinion, goods are unsaleable, we will notify you and you must collect such goods from the address that we notify to you within four business days of the date of our notice to do so. If you fail to collect such goods promptly, we may charge you reasonable storage charges at a daily rate. 

18.3 You will pay us a charge of 35% of the lower estimate plus VAT on any goods that are withdrawn from the Open House auction after being catalogued and/or marketed by us prior to the auction in any way. 

19. Withdrawal of the Goods by us

19.1 We may (acting reasonably) at our discretion at any time withdraw your goods from our auction: 

19.1.1 for technical, legal, reputational or operational reasons (including if you fail to provide evidence to verify your identity or your title to the goods to our satisfaction);  
19.1.2 if we reasonably believe that it is in the best interests of other users of our Website or Bidding Platform to do (e.g. you have been subject phishing or hacking); 
19.1.3 if we reasonably believe that you may be, or are about to be, in breach of these Terms of Consignment for Open House Auctions; or 
19.1.4 if we reasonably believe the goods to be a deliberate forgery. 

20. Warehousing

20.1 We have no liability for goods that you deliver to our saleroom without sufficient sale instructions.  We reserve the right to charge you a minimum warehousing charge of £2 per Lot per day plus any applicable VAT, and an administration charge of up to £20 (plus VAT). 

20.2 We will notify you to ask you to remove any of your unsold or withdrawn goods. Unsold and withdrawn goods will be subject to the charges set out in Clause 20.1 above if you do not remove them within four days of the sale in which last offered unless alternative arrangements have been made with us. 

20.3 If you do not remove your unsold or withdrawn goods within two weeks of being offered for sale, or at our request to remove them, we may dispose of such goods, the cost of which you may be liable for 

20.4 In respect of goods delivered to our saleroom for the agreed specific purpose of their valuation, we will notify you when they are ready to be collected. In these circumstances, you will have three months to collect the goods before the charges or remedies above in this section will apply. 

20.5 Where storage charges are imposed and accrued, as set out in this clause, you may not collect goods until such charges are paid in full. 

21. Our disclaimers and liability to you

21.1 The Website and the Bidding Platform are provided by us or our service providers without any warranties or guarantees.  All users of our Website and/or the Bidding Platforms bear the risks associated with the use of the internet. 

21.2 Both our Website and the Bidding Platform provide content from users, internet sites or resources. While we try to ensure that material included on our Website and/or the Bidding Platform is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. Except as expressly set out herein, we will not be responsible for any errors or omissions or for the results obtained from the use of such information or from any technical problems users may experience with the Website or the Bidding Platform. If we are informed of any inaccuracies in the material on our Website or the Bidding Platform, we will attempt to correct the inaccuracies or ask our service providers to do so as soon as we reasonably can. 

21.3 You acknowledge that the Website and Bidding Platforms are provided as is for public use, subject to registration.  Registration is free of charge and as such we have no responsibility to users of our Website and/or the Bidding Platforms for any downturn or errors on our Website or the Bidding Platform. If, because of errors on our Website or the Bidding Platform an auction cannot be completed, our only responsibility to you is to enable you to re-list the goods once our Website or the Bidding Platform is back up. In particular we will not be liable to you for any loss of opportunity or disappointment suffered as a result of participating in our auction. 

21.4 In addition, neither we nor the Buyer shall be responsible to you, and you shall not be responsible to the Buyer or us, for any other loss or damage that any of us suffer that is not a foreseeable result of any of us not complying with the Conditions of Business for Open House Auctions. Loss or damage is foreseeable if it is obvious that it will happen or if at the time of the sale of the Lot, we, you and the seller knew it might happen. 

21.5 Subject to Clause 21.6, if we are found to be liable to you for any reason (including, amongst others, if we are found to be negligent, in breach of contract or to have made a misrepresentation), our liability will be limited to the Proceeds due for the goods if sold or the reserve if unsold. 

21.6 Notwithstanding the above, nothing in these Terms of Consignment limits the liability of us or our employees or agents for: 

21.6.1 death or personal injury resulting from negligence (as defined in the Unfair Contract Terms Act 1977); 
21.6.2 fraudulent misrepresentation; or 
21.6.3 any liability which cannot be excluded by law. 

22. Notices

22.1 All notices between you and us regarding these Terms of Consignment must be in writing and signed by or on behalf of the party giving it. A notice given by email will be deemed to be signed for the purposes of this Clause if the email is sent from an email address, registered with us as belonging to the client, or is sent by us from a registered email address to the client’s registered email address. 

22.2 Any notice referred in Clause 22.1 may be given:  

22.2.1 by delivering it by hand 
22.2.2 by first class pre-paid post or recorded delivery, or 
22.2.3 by email 

22.3 Notices must be sent:  

22.3.1 by hand or registered post 

1. to us, at our address set out in these Terms of Consignment or at our registered office address appearing on our Website
2. to you, at the last postal address that you have given to us as your contact address in writing

22.3.2 by email:  

1. to us, by sending the notice to the following email address: auctions@sworder.co.uk
2. to you, by sending the notice to any email address that you have given to us as your contact email address in writing.

22.4 Notices will be deemed to have been received: 

22.4.1 if delivered by hand, on the day of delivery, or 
22.4.2 if sent by first class pre-paid post or recorded delivery, two business days after posting, exclusive of the day of posting, or 
22.4.3 if sent by email, at the time of transmission unless sent after 17:00 in the place of receipt in which case they will be deemed to have been received on the next business day in the place of receipt 

22.5 Any notice or communication given under these Terms of Consignment will not be validly given if sent by fax, any form of messaging via social media or text message. 

23. Data Protection

23.1 We reserve the right, in our discretion, to reveal your identity and contact details (or that of your Principal) to the buyer, for regulatory purposes. 

23.2 We will hold and process any personal data in relation to you in accordance with our current privacy policy, a copy of which is available at www.sworder.co.uk.

24. General

24.1 Each of the clauses of these Terms of Consignment for Homes & Interiors Auctions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect. 

24.2 We may change these Terms of Consignment from time to time, without notice to you. Please read these Terms of Consignment carefully, as they may be different from the last time you read them. 

24.3 Except as otherwise stated in these Terms of Consignment, each of our rights and remedies: (a) are in addition to and not exclusive of any other rights or remedies under these Terms of Consignment or general law; and (b) may be waived only in writing and specifically. Delay in exercising or non-exercise of any right under these Terms of Consignment is not a waiver of that or any other right. Partial exercise of any right under these Terms of Consignment will not preclude any further or other exercise of that right or any other right under these Terms of Consignment.  Waiver of a breach of any term of these Terms of Consignment will not operate as a waiver of breach of any other term or any subsequent breach of that term. 

24.4 These Terms of Consignment are between you and us.  No person other than you, the Buyer or us will have any rights to enforce any of these Terms of Consignment. 

24.5 These Terms of Consignment and any dispute or claim arising out of or in connection with them (including any non-contractual claims or disputes) shall be governed by and construed in accordance with the laws of England and the parties irrevocably submit to the exclusive jurisdiction of the English courts. 

TERMS OF SALE FOR OPEN HOUSE AUCTIONS

Please note that if you register to bid in our Open House auction, this signifies that you agree to and will comply with these Terms of Sale. 

These Terms of Sale relate to Open House Auctions. We have separate terms for specialist sales and timed online only auctions where no viewing is available. 

1. Definitions and interpretation
1.1 To make these Terms of Sale for Open House Auctions easier to read, we have given the following words a specific meaning:

1.2 In these Terms of Sale, the words ‘you’, ‘yours’, etc. refer to you as the Buyer.  The words ‘we’, ‘us’, etc. refer to the Auctioneer. Any reference to a ‘Clause’ is to a clause of these Terms of Sale unless stated otherwise.  

2. Information that we are required to give to Consumers

2.1 A description of the main characteristics of a Lot is contained in the Listing for that Lot.   

2.2 Our name, address and contact details as set out herein or on our Website. 

2.3 The technical means for concluding the contract to buy Lots are set out in Clause 3. 

2.4 The Price of the Goods and arrangements for payment as described in Clauses 4, 5, 7 and 10. 

2.5 The arrangements for collection or delivery of the Goods as set out in Clauses 11 and 12. 

2.6 Your right to return a Lot and receive a refund if the Lot is a Deliberate Forgery as set out in Clause 16. 

2.7 We have a legal duty to supply Lots to you in accordance with these Terms of Sale. 

2.8 If you have any complaints, please send them to us directly at auctions@sworder.co.uk. 

2.9 We refer you to your warranties as a Bidder and Buyer as set out in Clause 6. 

3. Bidding procedures and the Buyer

3.1 You must register your details with us by logging onto our website or the bidding platform, before bidding and provide us with any requested proof of identity and billing information 

3.2 You must also satisfy any security arrangements we have in place before using our online bidding platform to bid on any Lot.  

3.3 Your contract with us for the Services will be formed when you register your details to bid in our Online Open House Auction and we send you confirmation of the information, as set out in Clause 2.  

3.4 The Bidder placing the highest bid for a Lot accepted at the time the specific Lot closes, will be the Buyer at the Hammer Price. Any dispute about a bid will be settled at our discretion. We will act reasonably when deciding how to settle any dispute. 

3.5 Bidders will be deemed to act as Principals, even if the Bidder is acting as an agent for a third party. 

3.6 We may refuse to accept any bid if it is reasonable for us to do so. 

3.7 Bidding increments will be at our sole discretion (but will be in line with standard auction practice).  

3.8 If you participate in the auction using the services of an Independent Bidding Platform, other than SwordersTimed, you will incur an additional fee or additional commission payable to that platform. We will collect this fee as part of the Total amount due if you are successful in your bid. 

4. The purchase Price
4.1 As the Buyer, you will pay:

1. the Hammer Price;
2. a Premium of 25% plus VAT of the Hammer Price;
3. any Artist’s Resale Right royalty payable on the sale of a Lot;  
4. any bidding platform fee payable on a Lot; and  
5. any VAT due.

5. Value Added Tax (VAT)

5.1 As the Buyer, you shall be liable for the payment of any VAT applicable on the Hammer Price, Premium and Shipping Costs (if applicable) due for a Lot at the appropriate rate prevailing by law at the date of the auction. Please see the symbols used in the online auction catalogue for that Lot and the ‘Information for Buyers’ for further information. Please see 5.6 for the conditions to be fulfilled before the VAT charged on the Hammer Price may be cancelled or refunded upon exporting from the UK. 

5.2 Lots affixed with (†): VAT on the Hammer Price and Buyer’s Premium is imposed on all items affixed with a dagger (†). This imposition of VAT maybe because the Seller is registered for VAT within the UK and is not operating under a Margin Scheme. 

5.3 Lots affixed with (‡): A reduced rate of Import VAT on the Hammer Price of 5% is payable. This indicates that a Lot has been imported from outside the UK. 

5.4 Lots affixed with [Ω]: Standard rate of 20% of Import VAT on the Hammer Price and premium is payable. This applies to items that have been imported from outside the UK and do not fall within the reduced rate category. 

5.5 Lots affixed with [Ω] or ‡ when these lots are released to buyers in the UK, the buyer will become the importer and must pay Sworders the import VAT at the rates noted above on the hammer price. The buyer should also note that the appropriate rate will be that in force on the date of our release and not that in force at the date of auction or payment. 

5.6 Export from the UK: For lots offered under the VAT Margin Scheme and lots with [Ω] or ‡ symbols attached, you may be eligible to have a VAT refund in certain circumstances if the lot is exported. Should you show us proof of export within three months of collection a VAT refund may be arranged. No VAT amounts will be refunded where the total refund is under £75. Bank/transfer charges relating to any refund will be borne by the buyer and will not be reimbursed. Please note that all customs formalities of the destination country are the responsibility of the buyer.

6. Buyer Warranties

6.1 You warrant, and where you are acting on behalf of someone else, you will procure that your Principal warrants, that: 

6.1.1 the funds to be used for the purchase of the lot(s) are not connected with, nor derived from, any criminal activity, including without limitation tax evasion, money laundering or terrorist financing; 
6.1.2 neither you, or an agent acting for you, nor your Principal, are to the best of your knowledge either under investigation, nor have you been charged with or convicted of without limitation tax evasion, money laundering, terrorist financing or other criminal activities; and 
6.1.3 neither you, nor any agent acting for you, nor your Principal, are subject to restrictive measure or owned, partly owned or controlled by person(s) subject to such restrictive measures. 

6.2 Where you are bidding on behalf of another person and you are an Art Market Participant, you warrant that: 

6.2.1 you have conducted appropriate customer due diligence on the ultimate Buyer of the goods, in accordance with all applicable Money Laundering Legislation 
6.2.2 upon request, you will provide us, or any independent third-party auditor (employed at our cost), with any identification and any other relevant documents you have obtained for customer due diligence purposes on the ultimate buyer of the goods 
6.2.3 you consent to us relying on this due diligence; and 
6.2.4 you will retain for a period of not less than five years the documentation evidencing the due diligence 

6.3 Where you are acting on behalf of another person and you are not an Art Market Participant, you warrant that you will provide accurate and complete information about your Principal to us. 

7. Bid confirmation process

7.1 Once we have received your successful bid on a lot, you will receive an automated confirmation of bid. Please note, this does not mean that your bid was successful in purchasing the Lot or that a contract has been made with the seller. Should you be outbid, prior to closure of the Lot, you will receive an automatic email informing you of this, which gives you the option to increase your bid.  

7.2 If you are the highest bidder once a Lot has closed, you will receive an automated notification of your bid(s) – a Bid Results email. The Lot will be ready for you to collect at the given location following our receipt of the total amount due from you in cleared funds. The contract between the Seller and you (the “Contract”) will only be formed when we send you confirmation of your bid results. Your automated confirmation will include the following information: 

7.2.1 the auction name/ auction number/ auction date 
7.2.2 the lot number you have bid on and a description of the lot 
7.2.3 the hammer price for the lot(s) 
7.3 We will send you a further email which includes your invoice and details setting out how you can pay for your items. The email will include: 
7.3.1 the auction name/ auction number/ auction date 
7.3.2 a link to your invoice 
7.3.3 details about how you can pay online for your lots 
7.3.4 information about Sworders Shipping Service and collection of your items 
7.3.5 a link to Sworders Terms and Conditions for Open House Auctions 

7.4 Your invoice will include the following information: 

7.4.1 the auction name/ auction number/ auction date 
7.4.2 the lot number you have bid on and a description of the lot 
7.4.3 the hammer price for the lot that you have successfully bid for plus the Premium, and Artist’s Resale Right and any applicable VAT 
7.4.4 the cost of shipping – if you have chosen to use Sworders Delivery Service  
7.4.5 information about how to pay 
7.4.6 a link to Sworders Terms and Conditions for online auctions 
7.4.7 our address and contact details 

7.5 The Lot will be ready for you to collect at the given location following our receipt of the Total Amount Due from you in cleared funds. You must pay for and collect your Lots within four days of your successful bid or must arrange for the collection of your Lots within this time. If you do not pay for and collect your Lots within two weeks of the date of the sale, the Lots will be reoffered for sale on your behalf. In these cases, we reserve the right to offer all lots without reserve.  

7.6 We reserve the right to cancel the Contract on behalf of the Seller in (amongst others) the following situations, without being liable for any damage or costs: 

7.6.1 your contact or billing information is not correct or not verifiable; 
7.6.2 your bid is flagged up by our security systems as an unusual bid or a bid susceptible to fraud;  

7.6.3 You have failed to provide us, on request, with proof of your identity, in a form acceptable to us (and any other information that we require to comply with our anti-money laundering obligations); or 
7.6.4 your payment is not received within four days of your successful bid. 

8. The contract between you and the Seller

8.1 As set out at Clause 7 above, we will confirm acceptance of your successful bid for a Lot by sending you a bid confirmation email. The contract for the purchase of the Lot between you and the Seller will be formed when we send you the bid results email, unless due diligence information required by us under the Money Laundering Regulations in accordance with our internal procedure remains outstanding, in which case the contract will be formed when that information is accepted by us as complete.  

8.2 You may directly enforce any terms in the Terms of Consignment against a Seller to the extent that you suffer damages and/or loss as a result of the Seller’s breach of the Terms of Consignment. 

8.3 If you breach these Terms of Sale, you may be responsible for damages and/or losses suffered by a Seller or us. If we are contacted by a Seller who wishes to bring a claim against you, we may at our discretion provide the Seller with information or assistance in relation to that claim. 

8.4 We normally act as an agent only and will not have any responsibility for default by you or the Seller (unless we are the Seller of the Lot).  

8.5 In addition to any other rights we may have to cancel a contract for sale under these Terms of Sale, we may delay completion of a sale, delay the release of a Lot or cancel the sale of a lot in the event: 

8.5.1 you are in breach of your warranties as set out in clause 6; 
8.5.2 we have not completed our enquiries pursuant to the Money Laundering Legislation to our satisfaction; 
8.5.3 we have reason to believe that the transaction might be unlawful for any reason or that the sale might put us under a civil or criminal liability.

9. Data Check
When you submit a successful bid, we may run some checks on it before it is fulfilled. These checks may include verifying your address, creditworthiness, and checking for fraud. As to the latter, we run partly automated checks on all bids to filter out unusual or suspect transactions, or transactions which can be identified as susceptible to fraud. Suspected fraud on our Open House Auctions will be investigated and if necessary prosecuted. By submitting your bid, you agree to this. 

10. Payment

10.1 Immediately following your successful bid on a Lot you will: 

10.1.1 if requested, give to us, if not already provided to our satisfaction, proof of identity in a form acceptable to us (and any other information that we require to comply with our anti-money laundering obligations); and 
10.1.2 pay to us the total amount due in any way that we agree to accept payment.  
10.1.3 pay in full the Shipping Costs prior to the Goods being shipped, should you agree to Sworders shipping agent delivering the Goods. 
10.2 If you owe us any money, we may use any payment made by you to repay these debts.   

11. Title and collection of purchases

11.1 You are bound by the contract for the purchase of a lot at the recording of the winning bid, however, the transaction is not complete, and ownership will not pass to you, and you may not claim or collect a Lot until you: 

11.1.1 have paid us the total amount due, including any additional charges, in cleared funds; and 
11.1.2 you have provided us with the information, and we have completed our enquiries, in relation to our responsibilities under Money Laundering Legislation 

11.2 You will (at your own expense) collect any Lots that you have purchased and paid for not later than 5pm on the Friday following the auction, or such later date as is specified on our Website or agreed with us subsequently. 

11.3 If you agree to using Sworders delivery service, only when the full Shipping Costs have been paid will the Goods be dispatched.  We reserve the right that some Lots will not be suitable for an automated shipping estimate and will require bespoke quotes from the shipping agent. 

11.4 If you do not collect the Lot within the time period under Clause 11.2, you will be responsible for any reasonable removal and storage charges in relation to that Lot.   

11.5 Risk of loss or damage to the Lot will pass to you when you (or your agents) take physical possession of the Lot. 

11.6 If you do not collect the Lot that you have paid for within thirty days after the auction, we may sell the Lot. We will pay the Proceeds of any such sale to you but will deduct any storage charges or other sums that we have incurred in the storage and sale of the Lot. We reserve the right to charge you a selling Commission at our standard rates on any such resale of the Lot. 

12. Remedies for non-payment or failure to collect purchases

12.1 Please do not bid on a Lot if you do not intend to buy it.  If your bid is successful, these Terms of Sale will apply to you. This means that you will have to carry out your obligations set out in these Terms of Sale. If you do not comply with these Terms of Sale, we may (acting on behalf of the Seller and ourselves) pursue one or more of the following measures: 

12.1.1 take action against you for damages for breach of contract 
12.1.2 reverse the sale of the Lot to you and/or any other Lots sold by us to you 
12.1.3 resell the Lot by auction or by private treaty (in which case you will have to pay any difference between the price you should have paid for the Lot, and the price we sell it for, as well as the charges outlined in Clause 11.6).  Please note that if we sell the Lot for a higher amount than your winning bid, the extra money will belong to the Seller 
12.1.4 remove, store and insure the Lot at your expense 
12.1.5 if you do not pay us within four business days of your successful bid, we may charge interest at a rate not exceeding 1.5% per month on the total amount due 
12.1.6 keep that Lot or any other Lot sold to you until you pay the total amount due, including Shipping Costs where applicable 
12.1.7 reject or ignore bids from you or your agent at future auctions or impose conditions before we accept bids from you; and/or 
12.1.8 if we sell any Lots for you, use the money made on these Lots to repay any amount you owe us. 

12.2 We will act reasonably when exercising our rights under Clause 12.1. We will contact you before exercising these rights and try to work with you to correct any non-compliance by you with these Terms of Sale.  

13. Health and Safety
Although we take reasonable precautions regarding health and safety, you are on our premises at your own risk.  Please note the lay-out of the premises and security arrangements. Neither we nor our employees or agents are responsible for the safety of you or your property when you visit our premises, unless you suffer any injury to your person or damage to your property as a result of our employees’ or our agents’ negligence. 

14. Seller Warranties
14.1 The Seller warrants to us and to you that: 

14.1.1 the Seller is the true owner of the Lot for sale or is authorised by the true owner to offer and sell the Lot at auction;  
14.1.2 the Seller is able to transfer good and marketable title to the Lot to you free from any third-party rights or claims; and 
14.1.3 as far as the Seller is aware, the main characteristics of the Lot set out in the online auction catalogue are correct. 

14.2 If, after you have placed a successful bid and paid for a Lot, any of the warranties above are found not to be true, please notify us in writing. Neither we nor the Seller will be liable to pay you any sums over and above the total amount due and we will not be responsible for any inaccuracies in the information provided by the Seller except as set out below. 

14.3 Save as expressly set out above, all other warranties, conditions or other terms which might have effect between the Seller and you, or us and you, or be implied or incorporated by statue, common law or otherwise are excluded. 

 

15. Descriptions and condition

15.1 Our descriptions of the Lot will be based on:  

(a) information provided to us by the Seller of the Lot (for which we are not liable); and  
(b) our opinion (although it is likely that we will not be able to carry out a detailed inspection of each Lot). 

To Note: The actual colour of a Lot may vary from images in the auction catalogue or online listing.  

15.2 Representations or statements by us as to authorship, genuineness, origin, date, age, provenance, condition or estimated selling price involve matters of opinion. We undertake that any such opinion will be honestly and reasonably held and accept liability for opinions given negligently or fraudulently, but not otherwise.  

15.3 Please note that many of the Lots that you bid on in our auction are second-hand and Lots are unlikely to be in perfect condition. Lots are sold ‘as is’ (i.e. as you see them online at the time of the auction). Neither we nor the Seller accept any liability for any condition issues affecting a Lot if such issues are included in the description of the Lot in the Listing, are included in the condition report for the lot, or are revealed by photographs of the Lot appearing on the Listing. 

15.4 Restricted Items containing Ivory 

15.4.1 The sale of lots containing ivory from Elephants, hippopotamus, narwhal, killer whale, and sperm whale are banned, subject to some exemptions. In these cases, where these items are offered for sale, we rely on information provided to us by the Seller confirming that the item satisfies the relevant legal exemptions. We will display the Ivory Declaration Submission Reference relating to the application for exemption in the Lot description.   

15.5 Post 1950 Upholstered Furniture 
15.5.1 All items of furniture included in a sale are offered for sale as works of art and may not comply with the Furniture and Furnishings (Fire) Safety Regulations 1988; for this reason, they should not be used in a private dwelling. 

15.6 Furniture made of Brazilian Rosewood (Dalbergia nigra) 
15.6.1 To comply with CITES Regulations on Post-1947 furniture made of Brazilian Rosewood, all post-war rosewood furniture will have an Article 10 certificate in place, prior to being offered for sale and we will display the Certificate Number in the information for each lot. These items are marked with this sign §. 

15.6.2 If you are purchasing rosewood furniture for commercial purposes and not solely for your own use, CITES regulations require you to obtain your own certificate. You would need to contact the Animal and Plant Health Agency (APHA) and, as part of the process of obtaining your document, it is a requirement that you have seen sight of the Sworders’ certificate or are aware of its reference number.  

15.7 Electrical items   

15.7.1 Lots with electrical components are sold as ‘antiques’ only for their historical or decorative attributes and for display purposes only. If you buy electrical Goods for use, you must ask a qualified electrician to check them for compliance with safety regulations before you use them. 

15.8 Fire Safety 

15.8.1 All items of furniture are sold as a Collector’s item, for display purposes and are not supplied for use. Such lots may not comply with the Furniture and Furnishings (Fire) Safety Regulations 1988 and for this reason, you must first ensure that they are refurbished and rendered compliant with any applicable furniture and safety regulations. 

16. Deliberate Forgeries
16.1 You may return any Lot which is found to be a Deliberate Forgery to us within twelve months of the auction provided that you return the Lot to us in the same condition as when it was released to you, accompanied by a written statement identifying the Lot from the relevant catalogue description and a written statement of defects.   

16.2 If we are reasonably satisfied that the Lot is a Deliberate Forgery, and it has been returned to us within the specified time, in the condition in which it was released to you, we will refund the money paid by you for the Lot (including any Premium and applicable VAT). You will have no right to a refund under this clause if: 

16.2.1 the catalogue description reflected the accepted view of experts as at the date of the auction; or 

16.2.2 you personally are not able to transfer good and marketable title in the Lot to us. 

16.3 If you have sold the Lot to another person, we will only be liable to refund the Price that you paid for the Lot.  We will not be responsible for repaying any additional money you may have made from selling the Lot. Your rights under this clause are given to you as a Buyer in our auction; they are not given to, and may not be transferred or assigned to, any third party. 

16.4 Your right to return a Lot that is a Deliberate Forgery does not affect your legal rights and is in addition to any other right or remedy provided by law or by these Terms of Sale. 

17. Our disclaimers and liability to you
17.1 The Website and the Bidding Platform are provided by us or our service providers without any warranties or guarantees. All users of our Website and/or the Bidding Platform bear the risks associated with the use of the internet. 

17.2 Both our Website and the Bidding Platform provides content from users, internet sites or resources. While we try to ensure that material included on our Website and/or the Bidding Platform is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. Except as expressly set out herein, we will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems users may experience with the Website and/or the Bidding Platform. If we are informed of any inaccuracies in the material on our Website or the Bidding Platform, we will attempt to correct the inaccuracies or ask our service providers to do so as soon as we reasonably can. 

17.3 You acknowledge that the Website and the Bidding Platform are provided as is for public use, subject to registration. Registration is free of charge and as such we have no responsibility to users of our Website and/or the Bidding Platform for any downtime or errors on our Website or the Bidding Platform. If, because of errors on our Website and/or the Bidding Platform an auction cannot be completed, our only responsibility to you is to enable Sellers to re-list Goods once our Website and/or the Bidding Platform is back up. In particular, we will not be liable for any loss of opportunity or disappointment suffered as a result of participating in our online auction. We will not be liable for any loss of opportunity or disappointment suffered as a result of participating in our online auction.  

17.4 In addition, neither we nor the Seller shall be responsible to you, and you shall not be responsible to the Seller, or us for any loss or damage any of us suffer that is not a foreseeable result of any of us not complying with the Terms and Conditions for Open House Auctions. Loss or damage is foreseeable if it is obvious that it will happen or if at the time of the sale of the Lot, we, you and the Seller knew it might happen. 

17.5 Lots are sold as antiques for their decorative attributes rather than for use, and are often of considerable age and uncertain manufacture; neither we, nor the seller, accepts liability for loss or damage to Lots, or any other loss or damage that is caused by, or results from, any inherent vice or defect affecting the Lots 

17.6 Subject to Clause 16.4, if we are found to be liable to you for any reason (including, amongst others, if we are found to be negligent, in breach of contract or to have made a misrepresentation), our liability will be limited to the total purchase Price paid by you for any Lot. 

17.7 Notwithstanding the above, nothing in these Terms of Sale for Open House Auctions limits the liability of us or employees or agents for: 

17.7.1 death or personal injury resulting from negligence (as defined in the Unfair Contract Terms Act 1977); 
17.7.2 fraudulent misrepresentation; or 
17.7.3 any liability which cannot be excluded by law. 

18. Notices
18.1 All notices between you and us regarding these Terms of Sale for Open House Auctions must be in writing and either from your registered email address, our email address, or if in hard copy letter, signed by or on behalf of the party sending it. 

18.2 Any notice referred in Clause 18.1 may be given:  

18.2.1 by delivering it by hand; or 
18.2.2 by first class pre-paid post or recorded delivery; or 
18.2.3 by email 

18.3 Notices must be sent: 

18.3.1 by hand or registered post;

1. to us, at our address set out in these Terms of Sale for Open House Auction or at our registered office address appearing on our Website; and 
   
2. to you, at the last postal address that you have given to us as your contact address in writing; or 

18.3.2 by email: 

1. to us, by sending the notice to the following email address: auctions@sworder.co.uk
2. to you, by sending the notice to any email address that you have given to us as your contact email address in writing.

18.4 Notices will be deemed to have been received: 

18.4.1 if delivered by hand, on the day of delivery;  
18.4.2 if sent by first class pre-paid post or recorded delivery, two business days after posting, exclusive of the day of posting; or 
18.4.3 if sent by email, at the time of transmission unless sent after 17.00 in the place of receipt in which case they will be deemed to have been received on the next business day in the place of receipt  

18.5 Any notice or communication given under these Terms of Sale for Open House Auctions will not be validly given if sent by fax, any form of messaging via social media or text message (including WhatsApp). 

19. Data Protection
19.1 We respect your privacy and are committed to protecting your personal data. We do not share your data unless there is a business, or legal reason for us to do so.  

19.2 We reserve the right, where we deem we are required for regulatory purposes, to reveal your identity and contact details (and those of your Principal) to the Seller). 

19.3 In agreeing to these terms of sale, you agree that, should you decide to use Sworders delivery service, we may share relevant personal data that we hold with the shipping agent to allow effective communication between the shipping agent and you, and to enable delivery 

19.4 We will hold and process any personal data in relation to you in accordance with our privacy policy, a copy of which is available on our Website. 

20. General
20.1 We may, acting reasonably, refuse to allow you to bid in our Open House auction. 

20.2 We act as an agent for our Sellers. The rights we have to claim against you for breach of these Terms of Sale may be used by us, our employees or agents, or the Seller, its employees or agents, as appropriate. Other than as set out in this Clause, these Terms of Sale are between you and us, and no other person will have any rights to enforce any of these Terms of Sale. 

20.3 We may use special terms in the Listing for particular Lots. You must read these terms carefully along with any glossary provided on our Website or the online listing 

20.4 Each of the clauses of these Terms of Sale operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect. 

20.5 We may change these Terms of Sale from time to time, without notice to you. Please read these Terms of Sale carefully, as they may be different from the last time you read them. 

20.6 Except as otherwise stated in these Terms of Sale, each of our rights and remedies: (a) are in addition to and not exclusive of any other rights or remedies under these Terms of Sale or general law; and (b) may be waived only in writing and specifically.  Delay in exercising or non-exercise of any right under these Terms of Sale is not a waiver of that or any other right.  Partial exercise of any right under these Terms of sale will not preclude any further or other exercise of that right or any other right under these Terms of Sale.  Waiver of a breach of any term of these Terms of Sale will not operate as a waiver of breach of any other term or any subsequent breach of that term. 

20.7 These Terms of Sale and any dispute or claim arising out of or in connection with them (including any non-contractual claims or disputes) shall be governed by and construed in accordance with the laws of England and the parties irrevocably submit to the exclusive jurisdiction of the English courts. 

These terms are based upon the recommended terms of sale by the Society of Fine Art Auctioneers and Valuers.

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