Introduction
All selling exhibitions are governed by our Terms and Conditions. Our Terms and Conditions are provided to all Exhibitors prior to an exhibition taking place and buyers, on request. Our staff will be happy to help you if there is anything in our Terms and Conditions that you do not fully understand.
Methods of payment
Items must be paid for before they are collected or shipped. Methods by which we accept payment include online payment via a Sworders account, bank transfer to us upon receipt of an invoice, or card payment with Visa or Mastercard.
Invoices where the sum payable exceeds £5,000.00, must be paid by bank transfer.
Collection and storage
Items should be collected within one week of the closure of the exhibition, once cleared funds are received by us and any checks that we need to carry out are complete. You may wish to arrange shipping using Sworders shipping service, or via your own courier.
The buyer is responsible for the payment of all shipping costs, plus any applicable VAT.
Agency
We act on behalf of the Exhibitor whose identity, for reasons of confidentiality, may not be disclosed. In purchasing an item the contract for the sale of the item is with the Exhibitor, not with Sworders Auctioneers.
Agreed price
The price payable is set, prior to the exhibition.
Where Artist Resale Rights are required to be paid by you, this is in addition to the amount payable and will be added to your invoice.
Anonymity
Details about the exhibition will remain on Sworders website for reference only, after the exhibition has concluded.
We will keep all transactions relating to the sale of items confidential and will not publicise additional information in relation to the sale, including, but not limited to, the price paid, once the exhibition is concluded.
Right to take a commission
We reserve the right to take a commission in relation to the sale of an item from the Exhibitor. We do not normally disclose the commission agreed and reserve the right to withhold this information. All commission is subject to VAT at the standard rate.
VAT
VAT is payable by the Buyer and is included in the price advertised, at the standard rate (currently 20%).
Shipping Costs, which are liable for VAT, are payable by the Buyer.
If you are exporting the item(s) 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:
a. the items are exported within three months of the date of purchase
b. 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:
a. the invoice is paid in full
b. the items are exported from the UK within three months of the date of purchase
c. the certificate of shipment and export documents are provided to us within a year of the date of export from the UK
d. the total amount of VAT to be claimed exceeds £75
e. you have paid an administrative fee of £25
Inspection of Goods by the Buyer
As we act on behalf of the Exhibitor, we are dependent on information provided by them about their Goods. We inspect items and will act reasonably in taking a general view about them. However, we are unable to carry out detailed examinations of items to check their condition in the way a Buyer would do. You will have opportunity to inspect the Goods and must satisfy yourself in relation to the accuracy of information and condition of an item, prior to making a purchase. Please note carefully the exclusion of liability for the description and condition of items set out in the Terms of Sale at clause 13.
Condition reports
We may be able to assist Buyers unable to view by emailing a condition report and additional images of the item; these are based solely on our own opinion and are for guidance only and no responsibility is accepted for their accuracy. Buyers are strongly encouraged to view.
Shipping of Goods
We offer a delivery service for items purchased, either by shipping ourselves, or use of a third party logistics company. The cost for shipping can be added to your account and paid online after the completion of sale. If you purchase more than one item, we will combine packaging/deliveries to reduce the Shipping Costs.
The cost of shipping is based on the agreed sale price and the weight and size of the item purchased.
Export of Goods
If you intend to export Goods you must find out:
a. whether an export licence is needed; and
b. if there is a prohibition on importing Goods of that character into the destination country, e.g. because the Goods contain prohibited materials such as ivory.
Artist Resale Rights
Some items are subject to Artist Resale Right: we will make clear if this is the case.
Please note that if you (or another person acting on your behalf) provide Goods to us to sell on your behalf, this signifies that you agree to and will comply with these Terms for Exhibition.
Please note that these Terms for Exhibition relate to sale during a selling exhibition only. We have separate terms for sale of goods at auctions.
Definitions and interpretation
1.1 To make these Terms for Exhibition easier to read, we have given the following words a specific meaning:
‘Sworders’
means GES & Sons Ltd trading as Sworders Fine Art Auctioneers, a company registered in England and Wales with registration number 6858916 and whose registered office is located at Cambridge Road, Stansted Mountfitchet, Essex, CM24 8GE or its authorised Auctioneer, as appropriate;
‘AML’ and references to Money Laundering Legislation
means The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017;
'Buyer'
means the willing buyer of an item purchased during a selling exhibition;
‘Commission’
means the commission that we agree, in advance of the selling exhibition, plus any VAT due;
‘Consumer’
means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession;
‘Deliberate Forgery’
means: (a) an imitation made with the intention of deceiving as to authorship, origin, date, age, period, culture or source; (b) which is described as being the work of a particular creator without qualification; and (c) which at the date of the sale had a value materially less than it would have had if it had been as described;
‘FCA’
means the Financial Conduct Authority;
‘Goods’
means the Goods that offer for sale during an exhibition;
‘Price’
means the total price payable, including all charges, costs and any applicable VAT;
‘Proceeds’
means the sum due to the exhibitor;
‘Seller’
means the owner of the Goods and willing seller;
‘Terms for Exhibition’
means these Terms for Exhibitors;
‘Terms of Sale’
means the Terms of Sale for Buyers purchasing items from the exhibition;
‘VAT’
means any value added tax or equivalent sales tax; and
‘Website’
means our website available at www.sworder.co.uk
1.2 In these Terms for Exhibition the words ‘you’, ‘yours’, etc. refer to the Exhibitor (willing Seller). The words ‘we’, ‘us’, etc. refer to Sworders Fine Art Auctioneers.
If the selling Exhibition is being managed by an agent, we assume that you (as owner of the Goods) have authorised the Exhibition and authorised the agent to contract on your behalf. All obligations that apply to you as agent under these Terms of Consignment 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 a willing buyer
2.1 A description of the main characteristics of the service that we are providing to you as set out in these Terms for Exhibition, or otherwise agreed with you in writing.
2.2 Our name, address and contact details as set out in these Terms for Exhibition and/or on our Website.
2.3 If you have any complaints, please contact us at auctions@sworder.co.uk.
3. Procedure for holding an exhibition for sale
3.1 If you are holding an exhibition for sale in our premises, 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 8);
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 Any documentation we may require from you in connection with your identity, in order to comply with anti-money laundering legislation.
3.1.7 Confirmation and proof you are registered as an Art Market Participant (if relevant)
3.2 If you do not provide us with, or we are not satisfied with any of the above information, we may refuse your request for an exhibition for sale in our premises.
3.3 You must provide the item(s) to us by any stated deadline (at your expense) as set out in the contract. 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 The contract for the purchase of the item between you and the Buyer will be formed when the funds for purchase of the item are received by us, 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 for Exhibition against a Buyer to the extent that you have suffered damages and/or loss as a result of the Buyer’s breach of the Terms of Sale.
4.3 If you breach these Terms for Exhibition, you may be responsible for damages and/or losses suffered by a Buyer and/ or by us. If we are contacted by a Buyer who wishes to bring a claim against you, we may at our discretion provide the Buyer with information or assistance in relation to that claim.
4.4 We normally act as an agent only and will not have any responsibility for default by you or the Buyer.
5. Commission and Additional charges
5.1 We will charge you a Commission on the sale of the item, as agreed with you in advance and set out in the contract for the exhibition.
5.2 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.
5.3 Electrical items may be subject to Portable Appliance Testing (PAT), the cost of which you are liable and will be recovered from the amount payable to you, as set out in clause 12 and 13.
5.4 We reserve the right to charge an illustration fee, where we have been responsible for taking of images of items, prior to exhibition or display on our website. All costs will be deducted, prior to payment, as set out in clause 12 and 13.
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 at the price agreed for sale.
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 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. Picture Frames
7.1 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 displaying office, in store or in transit.
8. Warranties and information about the Goods
8.1 You must provide us with all information that you have relating to the provenance, export/import history, condition, attribution and authenticity and any other material characteristics of the Goods (and any additional information that may be relevant).
8.2 In addition to any warranties implied by law, you warrant to us and the Buyer that:
8.2.1 any information that you provide in relation to the Goods is complete, correct and up-to-date;
8.2.2 the Goods will match any description of the Goods that you provide to us;
8.2.3 you are not aware of any defects affecting the characteristics of the Goods set out in clause 8.1;
8.2.4 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; 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; and
8.2.5 you will pay all taxes and duties potentially due on the sale of the Goods.
8.3 You must let us know promptly, and in any event before the sale of items is complete, if you find out that 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.
8.4 Any information that you provide in relation to the Goods may form part of the contract between both of us and the Buyer and you acknowledge that the Buyer may have a statutory right to reject the Goods if the information provided is incorrect.
8.5 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.
9. 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.
10. 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 8 or 9 by you 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.
11. Terms of Sale
You agree that the Goods will be sold to the Buyer in accordance with our Terms of Sale for purchase of goods in the selling exhibition.
12. Authority to deduct Commission and expenses and retain Premium and interest
You authorise us to deduct our Commission at the agreed rate and all expenses incurred on your account from the sale, on receipt of funds, plus any applicable VAT and any interest earned on the sale Proceeds until the date of settlement.
13. Settlement
13.1 Provided that the Buyer has paid for the Goods, we will usually pay you within twenty one days of the purchase window closing, by BACS transfer direct into the bank account you notified to us in writing.
13.2 We shall be entitled to defer or withhold payment of the sum due to you where:
(i) 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 8.1 to 8.3 are complete, correct, and up-to-date; or
(ii) circumstances arise that may require us to refund the Price of the Goods to the Buyer in accordance with clause 8.5. We shall in that case pay the 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.
13.3 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 not release the Goods to the Buyer until we have received payment in full for the Goods.
13.4 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.
13.5 If we make payments to your bank account in error, we may request reimbursement by sending you an invoice.
13.6 We may deduct any sums that you owe to us from the Proceeds.
14. Withdrawal of the Goods by us
14.1 We may (acting reasonably) at our discretion request you withdraw your Goods from sale. This may apply where:
14.1.1 for legal, reputation or operational reasons (including if you fail to provide evidence to verify your identity or your title to the Goods to our satisfaction);
14.1.2 if we reasonably believe that you may be, or are about to be, in breach of these Terms for Exhibition; or
14.1.3 if we reasonably believe the Goods to be a Deliberate Forgery.
15. Warehousing
15.1 You must remove all unsold goods as agreed in the contract. If you do not remove your Goods within the time agreed, we may:
(a) sell such Goods in one of our auctions and off set charges from any Proceeds of sale; or
(b) at your expense dispose of such Goods.
16. Our liability to you
16.1 We will not be liable to you for any loss of opportunity or disappointment suffered as a result of a buyer withdrawing their offer for the purchase of goods.
16.2 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. Loss or damage is foreseeable if it is obvious that it will happen or if at the time of the sale of the item, we, you and the Buyer knew it might happen.
16.3 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 sum due to you for the Goods if sold.
16.4 Notwithstanding the above, nothing in these Terms for Exhibition limits the liability of us or our employees or agents for:
16.4.1 death or personal injury resulting from negligence (as defined in the Unfair Contract Terms Act 1977);
16.4.2 fraudulent misrepresentation; or
16.4.3 any liability which cannot be excluded by law.
17. Notices
17.1 All notices between you and us regarding these Terms for Exhibition 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 exhibitor or is sent by us from a registered email address to the exhibitors registered email address.
17.2 Any notice referred in Clause 17.1 may be given:
17.2.1 by delivering it by hand;
17.2.2 by first class pre-paid post or recorded delivery; or
17.2.3 by email.
17.3 Notices must be sent:
17.3.1 by hand or registered post:
a. to us, at our address set out in these Terms for Exhibition or at our registered office address appearing on our Website; and
b. to you, at the last postal address that you have given to us as your contact address in writing.
17.3.2 by email:
a. to us, by sending the notice to the following email address:
auctions@sworder.co.uk
b. to you, by sending the notice to any email address that you have given to us as your contact email address in writing.
17.4 Notices will be deemed to have been received:
17.4.1 if delivered by hand, on the day of delivery; or
17.4.2 if sent by first class pre-paid post or recorded delivery, two business days after posting, exclusive of the day of posting; or
17.4.3 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.
17.5 Any notice or communication given under these Terms for Exhibition will not be validly given if sent by fax, any form of messaging via social media or text message.
18. Data Protection
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 on www.sworder.co.uk.
19. General
19.1 Each of the clauses of these Terms for Exhibition 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.
19.2 We may change these Terms for Exhibition from time to time, without notice to you. Please read these Terms for Exhibition carefully, as they may be different from the last time you read them.
19.3 Except as otherwise stated in these Terms for Exhibition, each of our rights and remedies:
(a) are in addition to and not exclusive of any other rights or remedies under these Terms for Exhibition 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 for Exhibition is not a waiver of that or any other right. Partial exercise of any right under these Terms for Exhibition will not preclude any further or other exercise of that right or any other right under these Terms for Exhibition. Waiver of a breach of any term of these Terms for Exhibition will not operate as a waiver of breach of any other term or any subsequent breach of that term.
19.4 These Terms for Exhibition are between you and us. No person other than you, the Buyer or us will have any rights to enforce any of these Terms for Exhibition.
19.5 These Terms for Exhibition 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.
Please note that if you enter into an agreement for the purchase of goods from exhibition, you agree to and will comply with these Terms of Sale.
These terms relate to the purchase of goods from exhibition and form the contract between you and the exhibitor who is the seller of the items. Sworders acts as agent for the seller only.
These Terms of Sale relate to the purchase of goods at exhibition only, we have separate terms relating to sale at auction
1. Definitions and interpretation
1.1 To make these Terms of Sale easier to read, we have given the following words a specific meaning:
‘AML’ and references to money laundering legislation
means The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017
‘Sworders’
means GES & Sons Ltd trading as Sworders Fine Art Auctioneers, a company registered in England and Wales with registration number 6858916 and whose registered office is located at Cambridge Road, Stansted Mountfitchet, Essex CM24 8GE or its authorised Auctioneer, as appropriate;
‘Buyer’
means a willing buyer from the exhibition
‘Commission’
means the Commission that we charge the seller of the goods
‘Consumer’
means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession;
‘Deliberate Forgery’
means: (a) an imitation made with the intention of deceiving as to authorship, origin, date, age, period, culture or source; (b) which is described in the catalogue as being the work of a particular creator without qualification; and (c) which at the date of the auction had a value materially less than it would have had if it had been as described;
'Exhibitor'
means the person holding the exhibition in one of Sworders offices and is responsible for the sale of items. Liability in relation to the sale and purchase of items remains solely with the exhibitor;
‘FCA’
means the Financial Conduct Authority;
‘Goods’
means the Goods that are on display for purchase during the exhibition;
‘Price’
means the total Price payable for the goods and does not include the cost for Shipping (if applicable), which is the sole responsibility of the buyer, and any applicable VAT;
‘Seller’
means the owner of the Goods and any agent who places the Goods for sale on the owner’s behalf (if applicable);
‘Shipping Costs’
means the charges applied to the shipping of Goods purchased, should the Buyer ask for Sworders shipping agent to deliver the Goods (if applicable);
‘Terms of Sale’
means the Terms of Sale for willing buyers;
‘Trader’
means a Seller who is acting for purposes relating to that Seller’s trade, business, craft or profession, whether acting personally or through another person acting in the Trader’s name or on the Trader’s behalf (such as an agent and/or the Auctioneer);
‘VAT’
means any value added tax or equivalent sales tax; and
‘Website’
means our Website available at www.sworder.co.uk.
1.2 In these Terms of Sale, the words ‘you’, ‘yours’, etc. refer to you as the Willing Buyer. The words ‘we’, ‘us’, etc. refer to Sworders. The words Exhibitor refer to the person responsible for the sale of items at exhibition. Any reference to a ‘Clause’ is to a clause of these Terms of Sale unless stated otherwise.
2. Information the exhibitor is required to give Consumers
2.1 A description of the main characteristics of each item.
2.2 Our name, address and contact details as set out herein, and on our Website.
2.3 The Price of the item(s) and arrangements for payment as described in Clauses 4, 5, 7 and 8.
2.4 The arrangements for collection or delivery of the Goods as set out in Clauses 8 and 10.
2.5 Your right to return an item and receive a refund if the item is a Deliberate Forgery as set out in Clause 14.
2.6 We and Trader Sellers have a legal duty to supply any items to you in accordance with these Terms of Sale.
2.7 If you have any complaints, please send them to us directly at auctions@sworder.co.uk.
3. Buying procedures
3.1 You are responsible for your decision to purchase an item. If you wish to purchase an item we, and the Exhibitor, assumes that you have carefully inspected the item and satisfied yourself regarding its condition and other characteristics.
3.2 In some cases, we may ask you to provide us with additional information, including your name, address and proof of your identity, to ensure we comply with our legal obligations under AML legislation. In these cases, you must provide us with the information requested, in a form acceptable to us.
3.3 Buyers will be deemed to act as principals, even if the buyer is acting as an agent for a third party.
3.4 We may be unable to facilitate the closure of a sale if you do not provide us with the information we reasonably require to comply with clause 3.2.
4. The purchase Price
4.1 As a Buyer, you will pay:
the published sale price
any ARR payable
any shipping costs (if using Sworders Delivery Service)
Any VAT due
4.2 The published sale price may include any fees payable by the exhibitor to us and any VAT due. Where Artist Resale Rights are payable, this will be set out and is in addition to the price payable for the item. ARR will be added to your invoice and is payable before you are able to collect an item.
5. VAT
5.1 You shall be liable for the payment of any VAT applicable on the sale Price, commission, ARR and Shipping Costs (if applicable) due for an item.
5.2 We will charge VAT at the current rate, at the date the sale is complete.
6. The contract between you and the Seller
6.1 The contract for the purchase of the item between you and the Exhibitor will be formed when payment for the sale of the item is received by us, unless due diligence information required by us under the Money Laundering legislation in accordance with our internal procedures is required or remains outstanding, in which case the contract will be formed when that information is accepted by us as complete.
6.2 You may directly enforce any terms in the Terms for Exhibition against an Exhibitor to the extent that you suffer damages and/or loss as a result of the Exhibitors breach of the Terms for Exhibition.
6.3 If you breach these Terms of Sale, you may be responsible for damages and/or losses suffered by an Exhibitor or us. If we are contacted by an Exhibitor who wishes to bring a claim against you, we may at our discretion provide them with information or assistance in relation to that claim.
6.4 We normally act as an agent only and will not have any responsibility for default by you or the Exhibitor.
7. Payment
7.1 Immediately upon acceptance by you to purchase the item, you will:
pay to us the total amount due
If requested, provide us with proof of your identity in a form acceptable to us (and any other information that we require) in order to comply with our legal responsibilities under AML legislation
pay any ARR due
pay in full any shipping costs, prior to the Goods being shipped, should you agree to Sworders shipping agent delivering the Goods
7.2 Items must be paid for in full before they are collected or shipped. Methods by which we accept payment include online payment via a Sworders account, bank transfer to us upon receipt of an invoice, or card payment with Visa or Mastercard.
7.3 Invoices where the sum payable exceeds £5,000.00, must be paid by bank transfer.
8. Title and collection of purchases
8.1 Once you have paid us in full the total amount due for an item, and we have satisfied our checks in relation to our legal responsibilities under anti-money laundering legislation are complete, ownership of that item will transfer to you.
8.2 You will (at your own expense) collect any item that you have purchased and paid for within one week after the closure of the exhibition, or such later date as may be agreed with us, and the criteria as set out in 8.1 are met. You may not claim or collect an item until you have paid for it and all relevant checks are cleared to our satisfaction.
8.3 If you agree to using Sworders delivery service, only when the full shipping costs have been paid will the item be dispatched.
8.4 Should you decide to use Sworders delivery service, you thereby agree to allow us to share relevant personal data that we hold with the shipping agent in order to allow effective communication between the shipping agent and you, and to enable delivery.
8.5 If you are not using Sworders delivery service, and do not collect the item within the time period as set out in Clause 8.2, you will be responsible for any reasonable removal and storage charges in relation to that item.
8.6 Risk of loss or damage to the item will pass to you when you (or your agents) take physical possession of the item.
9. Right to Refund
9.1 You do not have a right to a refund unless the item purchased is faulty or the criteria as set out in Clause 14 is met. In these cases, you must notify us within 14 days of receipt of the item and identify the fault. You must return it to us in the condition in which it was received.
9.2 Once we have received the item and can confirm it is free from any additional defects, attempts to repair and in the condition in which it was sold, we will authorise a refund to you within 14 days of receipt.
9.3 Please note that we are permitted by law to reduce your refund to reflect any reduction in the value of an item, if this has been caused by your handling in a way contrary to the conditions specified in these terms or which would not be permitted during the exhibition held prior to sale.
9.4 You will be responsible for returning the Lot to us at your own cost.
9.5 This provision does not affect your statutory rights.
10. Remedies for failure to collect purchases
10.1 If you fail to collect an item from our offices, once you have paid for it, within the timeframe as set out in clause 8, we will arrange for the removal of the item from our offices for onwards storage. You will be liable for all costs relating to the removal and storage, which must be paid prior to collection or subsequent delivery.
11. 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.
12. Warranties
12.1 The Exhibitor warrants to us and to you that:
12.1.1 they are the true owner of the item for sale or are authorised by the true owner to offer and sell the item;
12.1.2 they are able to transfer good and marketable title to you free from any third party rights or claims; and
12.1.3 as far as the Exhibitor is aware, the main characteristics of the item, as provided, are correct.
12.2 If, after you purchase the item, any of the warranties above are found not to be true, please notify us in writing. Neither we nor the Exhibitor will be liable to pay you any sums over and above the total amount due. We will not be responsible for any inaccuracies in the information provided by the Exhibitor except as set out below.
12.3 If an item is not second-hand and you purchase the item as a Consumer from a Seller that is a Trader, a number of additional terms may be implied by law in addition to the Exhibitors warranties set out at Clause 8 in the Terms for Exhibitors.
12.4 Save as expressly set out above, all other warranties, conditions or other terms which might have effect between the Exhibitor and you, or us and you, or be implied or incorporated by statue, common law or otherwise are excluded.
13. Descriptions and condition
13.1 The descriptions will be based solely on:
(a) information provided to us by the Seller (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 item).
13.2 You will have the opportunity to view and inspect the item before purchasing it. You (or any independent consultants acting on your behalf) must satisfy yourself about the accuracy of any description. We shall not be responsible for any failure by you or your consultants to properly inspect an item prior to sale.
13.3 Any representations or statements by us as to authorship, genuineness, origin, date, age, provenance or condition 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.
13.4 Please note that items (in particular second-hand items) are unlikely to be in perfect condition and are sold ‘as is’ (i.e. as you see them at the time of exhibition and sale). Neither we nor the Exhibitor accept any liability for the condition of second-hand items or for any condition issues affecting an item if such issues are included in the description, a condition report, or in any subsequent notice, and/ or which the inspection of an item by the Buyer ought to have revealed.
14. Deliberate Forgeries
14.1 You may return any item if it is found to be a Deliberate Forgery. You must do this within thirty days of the sale provided that you return it in the same condition as when it was released to you, accompanied by a written statement identifying the item from the relevant description and a written statement of defects.
14.2 If we, and the Exhibitor are reasonably satisfied that the item is a Deliberate Forgery, we will initiate a refund of money paid by you provided that if:
14.2.1 the description reflected the accepted view of experts as at the date of the sale; or
14.2.2 you personally are not able to transfer good and marketable title in the item to the seller
you will have no right to a refund under this Clause.
14.3 If you have sold the item to another person, we will only be liable to refund the Price that you paid. We will not be responsible for repaying any additional money you may have made from selling the item onwards.
14.4 Your right to return 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.
15. Our liability to you
15.1 Neither we nor the Exhibitor shall be responsible to you and you shall not be responsible to the Exhibitor 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 Terms and Conditions. loss or damage is foreseeable if it is obvious that it will happen or if at the time of the sale we, you and the Seller knew it might happen.
15.2 Subject to Clause 15.3, 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), liability will be limited to the total purchase price paid by you for any item.
15.3 Notwithstanding the above, nothing in these Terms of Sale shall limit our liability (or that of our employees or agents) for:
15.3.1 death or personal injury resulting from negligence (as defined in the Unfair Contract Terms Act 1977);
15.3.2 fraudulent misrepresentation; or
15.3.3 any liability which cannot be excluded by law.
16. Notices
16.1 All notices between you and us regarding these Terms of Sale 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.
16.2 Any notice referred in Clause 16.1 may be given:
16.2.1 by delivering it by hand;
16.2.2 by first class pre-paid post or recorded delivery; or
16.2.3 by email.
16.3 Notices must be sent:
16.3.1 by hand or registered post;
a. to us, at our address set out in these Terms of Sale or at our registered office address appearing on our Website; and
b. to you, at the last postal address that you have given to us as your contact address in writing; or
16.3.2 by email:
a. to us, by sending the notice to the following email address: auctions@sworder.co.uk
b. to you, by sending the notice to any email address that you have given to us as your contact email address in writing
16.4 Notices will be deemed to have been received:
16.4.1 if delivered by hand, on the day of delivery;
16.4.2 if sent by first class pre-paid post or recorded delivery, two business days after posting, exclusive of the day of posting; or
16.4.3 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.
16.5 Any notice or communication given under these Terms of Sale will not be validly given if sent by fax, any form of messaging via social media or text message.
17. Data Protection
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 sworder.co.uk
18. General
18.1 We act as an agent for the Exhibitor. The rights we have to claim against you for breach of these Terms of Sale may be used by either us, our employees or agents, or the Exhibitor, its employees or agents, as appropriate.
18.2 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.
18.3 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.
18.4 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.
18.5 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.
18.6 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.