Terms and Conditions Standard Terms & Conditions
Paul Alexander Junior Auctioneers carries on business with bidders, buyers and those present in the auction room prior to or in connection with a sale on the following General Condtions and on such other terms, conditions and notices as may be referred to herein.
In these terms of business Paul Alexander Junior Auctioneers is referred to as ‘Paul Alexander Junior’
1. DEFINITIONS In these Conditions: “auctioneer” means the firm of Paul Alexander Junior its authorised auctioneer, as appropriate; “deliberate forgery” means an imitation made with the intention of deceiving as to authorship, origin, date, age, period, culture or source but which is unequivocally described in the catalogue as being the work of a particular creator and which at the date of sale had a value materially less than it would have had if it had been in accordance with the description; “hammer price” means the level of bidding reached (at or above any reserve) when the auctioneer brings down the hammer; “terms of consignment” means the stipulated terms and rates of commission on which Paul Alexander accepts instructions from sellers or their agent; “total amount due” means the hammer price in respect of the lot sold together with any premium, Value Added Tax chargeable and any other additional charges payable by a defaulting buyer under these Conditions; “sale proceeds” means the net amount due to the seller, being the hammer price of the lot sold less commission at the stated rate, Value Added Tax chargeable and any other amounts due to us by the seller in whatever capacity and however arising; “You”, “Your”, etc. refer to the buyer as identified in Condition
The singular includes the plural and vice versa as appropriate.
2. BIDDING PROCEDURES AND THE BUYER Bidders are required to register their particulars before bidding and to satisfy any security arrangements before entering the auction room to view or bid. The maker of the highest bid accepted by the auctioneer conducting the sale shall be the buyer at the hammer price and any dispute about the bid, which must be raised before the next lot is offered, shall be settled at the auctioneer’s absolute discretion. Bidders shall be deemed to act as principals Once made, no bid may be withdrawn Our right to bid on behalf of the seller is expressly reserved up to the amount of any reserve and the right to refuse any bid is also reserved. Also just to add we are not responsible for the package once it leaves saleroom .
3. INCREMENTS Bidding increments shall be at the auctioneer’s sole discretion which is based on 10%.
4. THE PURCHASE PRICE The buyer shall pay the hammer price together with a premium thereon of 18% on the premium at the rate imposed by law.
5. VALUE ADDED TAX Value Added Tax on the hammer price as imposed by law on all item affixed with an asterisk. Value Added Tax is charged at the appropriate rate prevailing by law at the date of the sale and is payable by buyers of relevant lots.
6. PAYMENT Immediately a Lot is sold you will: Give to us, if requested, proof of identity. Pay to us the total amount due in cash or such other way as is agreed by us. We accept cash, debit card, credit card . Debit and Credit card payments can only be accepted if the buyer is present. We do not accept American Express or Diners Club. Any payment by you to us may be applied by us towards any sums owing from you to us on any account whatever without regard to any directions of you or your agent, whether express or implied
7. TITLE & COLLECTION OF PURCHASES The ownership of any Lots purchased shall not pass to you until you have made payment in full to us for the total amount due. You shall at your own risk and expense take away any lots that you have purchased and paid for not later than five working days following the day of auction providing that all payments have cleared our account to include cheque or bank transfer payments, after which you shall be responsible for any removal, storage and insurance charges. No purchase can be claimed or removed until it has been paid for.
8. REMEDIES FOR NON PAYMENT OR FAILURE TO COLLECT PURCHASES If any Lot is not paid for in full and taken away in accordance with these Conditions or if there is any other breach of these Conditions, we as agent for the seller shall at our absolute discretion and without prejudice to any other rights we may have, be entitled to exercise all or any of the following rights and remedies: to proceed against you for damages for breach of contract; to rescind the sale of the Lot and/or any other Lots sold by us to you; to resell the Lot (by auction or private treaty) in which case you shall be responsible for any resulting deficiency in the total amount due (after crediting any part payment and adding any resale costs). Any surplus so arising shall belong to the seller; to remove, store and insure the Lot at your expense and, in the case of storage, either at our premises or elsewhere; to charge interest at a rate not exceeding 1.5% above the current base rate per month on the total amount due to the extent it remains unpaid for more than five working days after the sale; to retain that or any other Lot sold to you until you pay the total amount due; reject or ignore bids from you or your agent at future auctions or to impose conditions before any such bids shall be accepted; to apply any proceeds of sale or other Lots due or in future becoming due to you towards the settlement of the total amount due and to exercise a lien (that is a right to retain possession of) on any of your property in our possession for any purpose
9. THIRD PARTY LIABILITY All members of the public on our premises are there at their own risk and must note the lay-out of the accommodation and security arrangements. Accordingly neither the auctioneer nor our employees or agents shall incur liability for death or personal injury (except as required by law by reason of our negligence) or similarly for the safety of the property or persons visiting prior to or at a sale.
10. COMMISSION BIDS While prospective buyers are strongly advised to attend the auction and are always responsible for any decision to bid for a particular Lot and shall be assumed to have carefully inspected and satisfied themselves as to its condition, we will if so instructed clearly and in writing execute bids on their behalf. Neither the auctioneer nor our employees or agents shall be responsible for any neglect or default in so doing or failing to do so. Where two or more commission bids at the same level are recorded we reserve the right in our absolute discretion to prefer the first bid so made. Please note that any lots purchased via the- live auction service will be subject to an additional 3% commission charge at the rate imposed on the hammer price
11. WARRANT OF TITLE & AVAILABILITY The seller warrants to the auctioneer and to you that the seller is the true owner of the property consigned or is properly authorised by the true owner to consign it for sale and is able to transfer good and marketable title to the property free from encumbrance and any third party claims.
12. AGENCY The auctioneer normally acts as agent only and disclaims any responsibility for default by sellers or buyers.
13. TERMS OF SALE The seller acknowledges that Lots are sold subject to the stipulation of these Conditions in their entirety and on the Terms of Consignments as notified to the consignor at the time of the entry of the Lot.
14. STANDARD VENDOR CHARGES You will pay 15% of the hammer price of each lot which sells. Loss and Damage Warranty is £1 per insurance fee for every item . on value of lots sold and a £1.00 per lot lotting fee will be applied and this will include photography and marketing, etc. Paul Alexander reserves the right to charge a Withdrawal Fee of up to 10% of the reserve or lower estimated selling price and to return any items to the Vendor at the Vendor’s cost.
15. DESCRIPTIONS & CONDITION Whilst Paul Alexander makes every effort to describe lots accurately, it may be impractical for us to carry out exhaustive due diligence on each lot. Prospective buyers and any independent expert acting on the buyer’s behalf are given ample opportunities to view and inspect before the sale and they must satisfy themselves as to the accuracy of any description applied to a lot. Prospective buyers also bid on the understanding that, inevitably, any representation or statement by us as to authorship, genuineness, origin, date, age, provenance, condition or estimated selling price is a statement of opinion only. Subject to the foregoing neither the auctioneer nor its employees or agent nor the seller accept liability for the correctness of such opinions and all conditions and warranties, whether relating to description, condition or quality of Lots, express, implied or statutory are hereby excluded. This Condition is subject to the next following Condition concerning deliberate forgeries. Private treaty sales made under these Conditions are deemed to be sales by auction for purpose of consumer legislation
16. FORGERIES Notwithstanding the proceeding Condition, any Lot which proves to be a deliberate forgery (as defined) may be returned to us by you within 14 days of the auction provided it is in the same condition as when bought, and is accompanied by particulars identifying it from the relevant catalogue description and a written statement of defects. If we are satisfied from the evidence presented that the Lot is a deliberate forgery we shall refund the money paid for the Lot including any buyer’s premium (but not the amount of any consequential loss, damages, expenses or interest) provided that (1) if the catalogue description reflected the accepted view of scholars and experts as at the date of the sale or (2) you personally are not able to transfer a good and marketable title to us, you shall have no rights under this condition.
17. GENERAL We shall have the right at our discretion to refuse admission to our premises or attendance at our auctions by any person.
18. Any right to compensation for losses, liabilities and expenses incurred in respect of and as a result of any breach of these Conditions and any exclusions provided by them shall be available to the seller and/or the auctioneer as appropriate.
19.Any indemnity or exclusion under these Conditions shall extend to all actions, costs, expenses, claims and demands whatsoever suffered or incurred by the person entitled to the benefit of it and the auctioneer declares itself to be a trustee of the benefit of every such clause so far as it is expressed to be for the benefit of its employees and agents.
20. Any notice to the buyer, seller, bidder or viewer may be given by first class mail in which case it shall be deemed to have been received by the addressee 48 hours after posting.
21. Special terms may be used in catalogue descriptions or particular classes of items in which case the description must be interpreted in accordance with any glossary appearing within the catalogue.
22. Any indulgence extended to buyer or sellers by us notwithstanding the strict terms of these conditions or of the Terms of Consignment shall effect the position at the relevant time only and in respect of that particular concession only; in all other respects these conditions shall be construed as having full force and effect. Buying We aim to make buying and selling through Paul Alexander Junior Auctioneers a simple and enjoyable process. Below you will find some useful information to help you but if you are unsure of any aspect then please do not hesitate to ask a member of staff for assistance. Registration Prior to bidding all buyers must register to bid and obtain a paddle number at the office. For buyers who are unable to attend then confirmation of your name, address and contact telephone number must be emailed to our office. Bidding Procedures There are four easy methods of bidding with Paul Alexander : undefined Attending the Sale & Bidding in Person After registration you will be given a paddle or bidder number. The Auctioneer will call out the lot number and bidding shall commence with preset increments, should you wish to bid you must raise your paddle and continue bidding until the point where you are the highest bidder or you decide to stop, if successful the Auctioneer will note down your paddle number. In the case of a dispute in regard to price or buyer then this must be drawn to the Auctioneer’s attention prior to the offering of the next lot. Leaving a Commission Bid If you are unable to attend the auction then you can instruct Paul Alexander Junior to bid on your behalf. This is known as a Commission Bid and it is a free and confidential service.
We accept Commission bids either by written instruction with the completion of a Commission bid form, telephone, email or fax. We shall then bid on your behalf up to the maximum level that you have set. All bids are dependent upon bidding activity in the room, any other commission bids left or reserves, etc.
Lots will be purchased as cheaply as possible in line with room activity. In the event that two commission bids have been left for the same account, then priority will be given to the earliest bid received.
Telephone Bidding With prior arrangement a telephone bid can be arranged with a telephone line booked on single or multiple lots. A member of staff shall call you from the Saleroom just before your lot number is offered for sale and you can then instruct us on a live telephone line to bid or to stop on your behalf. We always ask that you leave us a main telephone number and a back up number in case of difficulties contacting you. It is always recommended that a covering bid be left in the unfortunate event that we are unable to make contact. All telephone lines must be booked with us no later than 5:00pm on the afternoon of the sale. Online / Internet Bidding Additionally all sales allow buyers the opportunity to bid from the comfort of their own home using our live online bidding service. To register your Buyers Premium A buyer’s premium of 15% of the hammer price is charged on all lots purchased at the auction. No VAT is payable on the buyer’s premium. Payment You can pay in person by cash, cheque, banker’s draft, debit card or credit card. Whilst debit card payments are free we regret to inform that to cover certain credit card processing then a surcharge of 2% plus VAT will be applied. If you are NOT PRESENT payment must be made via bank transfer, bankers draft or cheque. Our account details are available upon request. Please not that if paying by bank transfer then you will need to quote your paddle or bidding number as a reference when sending funds. All payments MUST be made within five working days of the sale and all funds must have cleared our account prior to collection. Collection of Goods If you have paid for your purchases with cash, debit or credit card then collection can be made throughout the sale or within five working days of the sale, unless by prior arrangement. It is advised that payment is made immediately and that collection is swift as all goods are the buyer’s responsibility from the point of sale. Once you have paid or your funds have cleared and your goods are ready for collection you must give a copy of your receipt to a member of staff who will sign out your goods. It is advised to bring all relevant packaging and boxes that you will need to secure and carry your purchases. Packing & Shipping We offer a limited packing service within the UK and at the Auctioneer’s sole discretion. As we are restricted to what can be included in this service, it is advised that you check with the office before bidding. For instance we can only pack single lot items with a value below £500 and we DO NOT post glazed paintings or mirrors, extremely fragile items to include pottery, porcelain and glass, arms and weaponry, or heavy and large sized goods. All clients must agree to absolve Paul Alexander Auctioneers against any loss or damage that may occur whilst using Royal Mail Services. All liabilities are with the buyer.
For paintings and fine art we recommend Aardvark Art Services and they can be contacted on 01253 794673. Email firstname.lastname@example.org We can arrange for the delivery of furniture and larger items to the local area, please contact the office for a quote. Additionally we are able to recommend a number of national carriers.
Storage Following the sale all items must be collected within five working days, thereafter a DAILY storage charge of £1 for smaller items per lot . £5 for furniture and larger items will be applied per day for each item. Unfortunately storage space is limited and if goods are left on our premises for longer than 1 month, Paul Alexander’s will sell uncollected goods to defray any storage charges incurred. We are open Monday to Thursday from 10.30am to 4:00pm for collection and by special arrangement if need be.
New ruling this just been brought in to effect , wee are not liable for any postage damages once the parcel leaves the sale rooms as the buyer you are responsible for this. Also for on our terms for packing and times you will be charged £15.00 per hour , £10 a box and £5 per metre for packing .
The Auction The Auction is governed by the Condition of Sale. Please note that they can be amended by way of notice as posted on our website or by way of an announcement made by the Auctioneer. Catalogues, Viewing & Condition Reports Catalogues are available for each sale; they cost £1 and can be purchased from the office on viewing and sale days. Within the catalogue each lot is given a brief description and estimates are supplied but please note that the estimates are guidelines only and lots can sell above or below the guideline prices. The guide prices printed in the auction in catalogue Additionally each lot is photographed with an image available for viewing on our website, usually on the Monday prior to the sale. Public viewing takes place for two days prior to an auction. Please check out our website and local press for viewing dates and times. However if you are unable to make these times and need to view then please just give us a call and we shall try our best to accommodate.
During the viewing days prospective buyers are invited and encouraged to inspect the lots and they must satisfy themselves as to the accuracy of any description. All lots are sold as seen and their condition cannot be guaranteed. Sometimes prospective buyers require further information and detail about lots, and we are happy to supply this along with extra photographs, etc. Whilst we endeavour to provide accurate statements we are unable to carry out exhaustive condition reports and we do not accept liability for the correctness of such opinions. Prospective buyers are given ample opportunity to view and inspect lots and to ask for further information as required. They must satisfy themselves as to the accuracy of any description we apply to a lot. Inevitably, our descriptions and attributions are statements of opinion, in regard to, inter alia, matters of authorship, genuineness, signatures, style, origin, date, age, provenance, condition, value and estimated selling price. At our absolute discretion we will refer to any damage on a lot as a/f (at fault) in the catalogue. Ultimately prospective buyers are strongly recommended to consult a second opinion prior to making significant purchases. If you require a condition report prior to the auction then please call us or email us no later than 5pm on the evening prior to sale day. Artist Resale Rights (ARR) (ARR) indicates works which may be subject to the Droit de Suite or Artist’s Resale Right, which took effect in the UK on 14th February 2006. In accordance with legislation we are required to collect a Royalty for all qualifying works of art. This legislation was updated in January 2012 to include living artists and artists who have died in the last seventy years. This Royalty will be charged to the Buyer on the hammer price and in addition to the buyer’s premium / commission rate. The Royalty rate only applies to works of art where the hammer price exceeds
If you have further queries then please contact the DACS helpline on 0845 410 3410 or alternatively email email@example.com or visit www.dacs.org.uk Important information for Buyers Regarding Post 1950’s Furniture Please note that Post 1950’s furnishings may not comply with the furniture and (Fire) Safety Regulations Act of 1988 and as such are sold as works of art and should not be used in a private dwelling.
23. Electrical Goods. Lots which were once operated by mains electricity are offered for sale for display or historical purposes and are bought entirely at the purchaser’s risk. Any lot with an electrical fitting must be checked by a qualified electrician before connection to the mains electrical supply. Paul Alexander Junior cannot accept responsibility for any contravention of this standard condition.
24. Scottish law applies
Our website address is: https://paulalexanderjuniorauctioneers.com
Paul Alexander Junior Auctioneers (“We”) are committed to protecting and respecting your privacy.
This policy (together with our terms and conditions. It sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
By visiting paulalexanderauctioneers.com you are accepting and consenting to the practices described in this policy.
For the purpose of the Data Protection Act 1998 (the Act), the data controller is Paul Alexander Junior Auctioneers, Unit 68A, East Way, Hillend Industrial Estate, Dalgety Bay, Fife, KY11 9JF.
Information we may collect from you.
We may collect and process the following data about you:
Information you give us. You may give us information about you by filling in forms on our site paulalexanderauctioneers.com or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you register to use our services. The information you give us may include your name, address, e-mail address and phone number, financial and credit card information, and other personal information.
Information we collect about you.
With regard to each of your visits to our site we may automatically collect the following information:
technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for;
page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the
page and any phone number used to call our customer service number.
Information we receive from other sources.
We may receive information about you if you use any of the other websites we operate or the other services we provide. In this case we will have informed you when we collected that data that it may be shared internally and combined with data collected on this site. We are also working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.
We may assemble information about your common internet use with a cookie file. When used, the cookies are downloaded to your device automatically. The cookie is stored on the device, with transferred information. The data sought by the cookie helps us improve our website and any service offered to you. Your browser has the ability to decline cookies. This is done by setting your browser options to decline all cookies. Note: if you do decline the download of cookies, some aspects of our site may not work or allow you access.
Uses made of the information
We use information held about you in the following ways:
Information you give to us.
We will use this information:
to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
to provide you, or permit selected (partner) third parties to provide you, with information about goods or services we feel may interest you;
to notify you about changes to our service;
to ensure that content from our site is presented in the most effective manner for you and for your computer.
Information we collect about you.
We will use this information:
to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
to allow you to participate in interactive features of our service, when you choose to do so;
as part of our efforts to keep our site safe and secure;
to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.
Information we receive from other sources.
We may combine this information with information you give to us and information we collect about you. We may us this information and the combined information for the purposes set out above (depending on the types of information we receive).
Disclosure of your information
We may share your personal information with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
We may share your information with selected third parties including:
Business partners, suppliers and sub-contractors for the performance of any contract we enter into with [them or] you.
[Note that our site does not currently publish advertisements from outside sources but we reserve the right to do so and in that event the following will apply]. Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others. We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in SW1). We may make use of the personal data we have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisement to that target audience.
Analytics and search engine providers that assist us in the improvement and optimisation of our site.
Credit reference agencies for the purpose of assessing your credit score where this is a condition of us entering into a contract with you.
We may disclose your personal information to third parties:
In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
If Paul Alexander Auctioneers or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions, and other agreements; or to protect the rights, property, or safety of Paul Alexander Auctioneers, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
Where we store your personal data
All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted [using SSL technology]. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
You should understand that we use a third party payment processor to process and manage the storage of users payments details, in a PCI DSS compliant manner, allowing payments to be taken. The third party payment processor is commited to protecting the users information.
By registering for an auction and providing your card details you agree to authorise the auctioneer to charge the card for items purchased at auction, including all additional fees.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing at any time by contacting us at firstname.lastname@example.org.
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Access to information
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act.