Terms & Conditions
Churchill Auctioneers – Terms and Conditions
- Definitions
1.1 Churchill Auctions Ltd (“the Auctioneers”) act as agents for the Vendor, being the person instructing the Auctioneers to sell goods by auction.
1.2 The Buyer is the person who successfully acquires goods at auction.
- Bidding
2.1 All bidders must register their full name and postal address before the sale. Proof of identity and address may be required. By bidding in person, online, by commission, or by telephone, Buyers confirm that they have read, understood, and agree to be bound by these Terms and Conditions, together with any additional terms imposed by the relevant bidding platform.
2.2 Bidding is conducted at the Auctioneers’ discretion. The Auctioneers reserve the right to refuse any bid without giving a reason. The highest bidder at the fall of the hammer shall be the Buyer.
2.3 Commission bids will be executed where instructed. This service is offered free of charge. Lots will be purchased at the lowest possible price, subject to other bids and any reserve.
2.4 Where identical bids are received, priority will be given to the earliest bid received. All commission bids must state a maximum amount. Unlimited bids will not be accepted.
2.5 Buyers are strongly encouraged to attend viewings and sales in person. Commission and telephone bids are accepted on the assumption that the Buyer has inspected the lot and is satisfied as to its condition. All bids are placed entirely at the Buyer’s own risk. Buyer’s premium and VAT apply to all successful bids.
2.6 All lots are sold as seen, with all faults, imperfections, and errors of description. Descriptions, condition reports, and illustrations are statements of opinion only and shall not be relied upon as statements of fact. The Auctioneers make no representation or warranty as to authenticity, attribution, provenance, age, date, period, condition, quality, or fitness for purpose.
2.7 Commission bids must be received in writing or by telephone no later than 10:00am on the day of sale. While all reasonable efforts will be made to execute such bids, the Auctioneers accept no liability for failure due to technical issues, staff error, or unforeseen circumstances.
2.8 Written confirmation is required at least 48 hours before the sale for telephone bids from persons unknown to the Auctioneers. Telephone bidding is undertaken entirely at the Buyer’s risk. Telephone bids may be refused for lots with a starting bid under £100, at the Auctioneers’ discretion.
2.9 Absentee bids will be executed up to the maximum amount stated, excluding buyer’s premium and VAT.
2.10 Online Bidding
Online bidding is provided as a convenience service via third-party platforms (including but not limited to The Saleroom and Easy Live). The Auctioneers accept no responsibility for loss of bids, errors, omissions, connectivity issues, platform outages, or technical failures howsoever caused. Online bidders acknowledge that they bid at their own risk and that the fall of the hammer constitutes a legally binding contract regardless of platform malfunction.
- Admittance
3.1 The Auctioneers reserve the right to refuse admission to the premises or participation in any auction at their absolute discretion.
- Buying and Payment
4.1 The Auctioneers shall have absolute discretion in the conduct of the sale and the resolution of any dispute, including the right to re-offer any lot.
4.2 Where a reserve has been set by the Vendor, the Auctioneers may bid on behalf of the Vendor.
4.3 No lot may be removed until full payment has been received, including buyer’s premium and VAT, unless agreed in advance in writing. Risk passes to the Buyer at the fall of the hammer.
4.4 Lots must be collected by 5:00pm on the Friday following the sale, unless prior arrangements have been agreed. Uncollected items may incur a storage charge of £5 + VAT per day, together with any associated transport or handling costs.
4.5 The Auctioneers accept no liability for loss or damage to any lot while in their custody or that of their agents.
4.6 Payment must be made within 10 calendar days of the sale. A 10% late payment fee will be applied thereafter. If payment is not received within 28 calendar days, the sale may be cancelled and the lot resold without notice. Any shortfall, costs, or expenses incurred shall be recoverable from the defaulting Buyer. Persistent default may result in a permanent bidding ban.
4.7 The fall of the hammer constitutes the formation of a legally binding contract between the Buyer and the Vendor. The Auctioneers act as agents only and are not obliged to enforce payment but reserve the right to do so.
4.8 Buyers acknowledge that additional fees may be charged by third-party bidding platforms. Such fees are payable directly to the platform provider and are separate from the Auctioneers’ buyer’s premium and VAT.
- Selling
5.1 Vendor settlement is normally made approximately 25 days after the sale, subject to cleared funds having been received from the Buyer. Payment is made by bank transfer or cash. The Auctioneers act as agents only and shall not be liable for Buyer default.
Fees
- 18% + VAT (21.6%) commission on the hammer price (minimum £1 per lot)
- £5 + VAT lotting fee per sold lot (no fee for unsold lots)
- 1% insurance fee on all lots (based on hammer price if sold, or reserve/valuation if unsold, plus VAT)
5.2 Vendors warrant that they have full and unencumbered title to the goods, that the goods are eligible for sale under the VAT Margin Scheme, and that no input tax has been reclaimed.
5.3 The Auctioneers reserve the right to amend or correct catalogue descriptions verbally or in writing at any time prior to or during the sale.
5.4 Unsold items must be collected or arrangements made within 3 days of the sale. Items left for more than 45 days without contact may be disposed of, donated, or resold at the Auctioneers’ discretion, without liability.
5.5 Lots may be automatically reoffered in a timed sale following the main auction. Further reoffering is entirely at the Auctioneers’ discretion.
5.6 Auctioneers’ discretion on reserves allows bidding up to two bid increments below the stated reserve, unless otherwise agreed in writing.
By consigning goods, Vendors agree to be bound by these Terms and Conditions.
- Droit de Suite (Artist’s Resale Right)
6.1 Artist’s Resale Right (ARR) applies to qualifying works sold for €1,000 or more. The royalty is payable by the Buyer in addition to all other charges and is not subject to VAT. Responsibility for compliance rests solely with the Buyer.
- Damage to Property
7.1 Any person causing damage to a lot may be held liable for:
- Any shortfall between hammer price and reserve or estimate
- Reasonable restoration costs
- The full reserve or estimate where applicable
- Liability and Safety
8.1 Entry to the premises is at the visitor’s own risk.
8.2 The Auctioneers shall not be liable for injury, loss, or damage unless directly caused by the proven negligence of their employees.
8.3 Vehicles are parked on-site entirely at the owner’s risk.
- Increments
9.1 Bidding increments are determined solely at the Auctioneers’ discretion.
- Condition and Description
10.1 Descriptions and condition reports are provided in good faith but are not guaranteed.
10.2 Buyers are responsible for satisfying themselves as to condition prior to bidding.
10.3 All electrical items are sold untested and for spares or repair only.
10.4 Images and illustrations are for guidance only and may not accurately represent condition, colour, or scale.
- Delivery
11.1 Packing and shipping services may be available for smaller items. Please refer to the Shipping Policy on the Auctioneers’ website.
11.2 All packing and dispatch are undertaken at the Buyer’s risk.
11.3 Dispatch may take up to 14 days following full payment.
- General Legal Provisions
12.1 Force Majeure
The Auctioneers shall not be liable for failure to perform obligations due to events beyond their reasonable control.
12.2 Severability
If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force.
12.3 No Waiver
Failure by the Auctioneers to enforce any provision shall not constitute a waiver of that provision.
12.4 Data Protection
Personal data is processed in accordance with applicable UK data protection legislation and the Auctioneers’ Privacy Policy.
12.5 Governing Law and Jurisdiction
These Terms and Conditions are governed by the laws of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction.
12.6 Third-Party Platform Priority
Where bidding occurs via an online platform, these Terms shall take precedence in the event of inconsistency, save where overridden by mandatory platform rules.
12.7 Consumer Contracts Regulations
Auction sales are exempt from the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. No cooling-off period or right of cancellation applies once the hammer has fallen.
12.8 Anti-Money Laundering
The Auctioneers comply with all applicable AML regulations and reserve the right to request identification and source-of-funds documentation. Failure to comply may result in cancellation or delay.
12.9 Export and Cultural Property Controls
Buyers are solely responsible for obtaining any export, import, or CITES licences required. Failure to obtain such permissions shall not justify cancellation or refund.
12.10 Sanctions and Prohibited Persons
The Auctioneers reserve the right to refuse to transact with any person subject to sanctions or legal restrictions.