- Buyers Commission: The buyer pays the hammer price together with a premium of 18% + VAT.
- VAT Lots: The dagger symbol † after any lot indicates that VAT is payable on the hammer price in addition to the VAT already payable on our premium (this usually applies to Lots consigned to us from VAT registered businesses).
- Payment & Collection: Payment and collection MUST be made within 7 working days of the sale, thereafter a charge of £10 per lot per day (+ VAT) shall be payable to Shapes. Payment of goods must have cleared before collection. Payment by cheque can take in excess of 5 days to clear our business account, so please allow sufficient time for this to clear. Payment in person can be made by cash, card or cheque. There is no charge for paying by credit card.
- Bank Transfer: If you are NOT PRESENT, we do not accept card transactions over £500 by phone, therefore payment for larger amounts can only be made via bank transfer, bankers draft or cheque. Account details are as follows: Bank of Scotland, 3 Earl Grey Street, Edinburgh EH3 9BN, Account No: 00376477, Sort Code: 801194, IBAN: GB79BOFS80119400376477, BIC: BOFSGB21008. Please quote your paddle number or surname as the reference when sending payment.
- Credit/Debit Card Transactions: We make no surcharge for credit/debit card transactions, however please note that we do not accept card transactions of £500+ over the phone. Visa, Mastercard, Debit Cards, Connect & Switch are accepted.
- Cancellations & Refunds: Buyers must be certain as to what they are purchasing before sale. Once items have sold, and the hammer has been brought down, we do not offer cancellations or refunds.
- Packing Goods: Unfortunately Shapes is unable to offer a postage and packing service, however we suggest using Mailboxes Etc: Tel: 0131 55 66 226, Email: info@mbeEdinburgh.com Packing and carriage costs must be settled by the buyer.
- Storage Charges for Uncollected Lots: Goods left on our premises – whether paid for or not – for more than 10 calendar days from the sale, will either be sent away to be stored on a commercial basis or charged by us at £10 per lot per day. This applies to all types of objects small or large. Items left with us for over 30 days from the sale will be sold by Shapes to defray storage charges.
- Bidding: Bids must be left with the Auction Department no later than 4pm the day before the sale. Bidders must register at our office prior to their purchase in order to recieve their individual paddle number. Please signal to the auctioneer that you are bidding by clearly raising your paddle. Lots are displayed on our TV monitors to provide a general visual guide to the sale, however buyers should not rely on the on-screen presentation when making bids. Buyers should always refer to the text of the catalogue when bidding.
- Commission/Telephone Bids: Commission/telephone bids are carried out free of charge and lots will be bought for you as cheaply as is allowed by competing bids or reserves already on our books. Telephone and Commission bids are made at the senders risk and without legal obligation. We prefer to accept bids by telephone or email if you cannot attend the sale in person. Email bids are acknowledged by return email, should you fail to recieve an acknowledgement by 4pm the day before the sale, we suggest you contact us by telephone. All commission bids are to be recieved by Shapes no later than 4pm the day before the auction.
- Online Bidding: Shapes Auctioneers offer a live online bidding service via www.the-saleroom.com for bidders who cannot attend the sale. In completing the bidder registration on www.the-saleroom.com and providing your credit card details you confirm that you are authorised to provide payment details to Shapes Auctioneers. Please note that any lots purchased via www.the-saleroom.com live auction service will be subject to an additional 3% commission charge + VAT at the rate imposed on the hammer price.
- Damage & Restoration: Buyers are responsible to ensure that the condition of Lots is to their satisfaction, notwithstanding any mention of condition issues within our descriptions which is made entirely at our discretion for the benefit of buyers. We occasionally refer to damage/restoration, however where there is no mention of this in our descriptions, this should not be taken to mean that there is none.
- Condition Reports: The condition of items is not given in the catalogue. Purchasers are advised to ask for condition reports and take their own measurements to guard against any unseen catalogue errors. Upon request, condition reports are made for guidance purposes only, entirely at our discretion, to provide helpful additional information for buyers unable to view the sale. All lots are sold ‘as seen’. It should not be assumed that these reports are definitive.
- Attributions & Descriptions: The estimated selling price is a guide for the buyer, but it is not to be taken as definitive. Descriptions are given as a guide only, and in good faith to assist buyers, however, it is not possible for us to conduct exhaustive scrutiny or research on all lots. Buyers are given ample opportunity to view and inspect lots and must therefore satisfy themselves as to the accuracy of any description we apply to a lot. Inevitably, our descriptions are statements of opinion, in regard to, inter alia, matters of authorship, genuineness, signatures, style, origin, date, age, provenance, condition, value, origin, date, age, provenance, condition, value and estimated selling price. Buyers are strongly recommended to consult a second opinion prior to making significant purchases for their collections, particularly in the case of paintings and the applied arts where the scope for subjective judgements is greater. We recommend that Buyers ask our specialists for further and better particulars of any Lot if required. If an item of furniture is listed as ‘George III’, in our opinion the piece is of that period. If we list it as ‘George III style or manner’, in our opinion the piece is not of that period but could possibly be later or reproduction. If a picture is listed as ‘George Leslie Hunter’, in our opinion the work is genuine by that artist. If we state it as ‘After George Leslie Hunter’, the piece is possibly in the manner or style of the artist. Catalogue attributions are not absolute guarantees of authenticity. Lot descriptions are subject to change after the catalogue has been printed. Please refer to the ‘additional lots & amendments’ sheet for current accurate descriptions.
- Artists Resale Rights (ARR): ARR was established to collect royalties on behalf of living or recent artists each time their work is sold by auctioneers and art market professionals. This means that if a buyer purchases a work by a living artist or an artist who died less than 70 years ago, and the item sells for over 1,000 Euros, the buyer is required to pay a surcharge of 4% of the hammer price to the collecting body – The Design and Artists Copyright Society (DACS). Shapes will detail this DACS payment on your invoice and pay this across to DACS. If your purchase exceeds 50,000 Euros the levy is reduced to 3%, 1% etc as shown below:
ARR Portion of the sale price Royalty Rate 0 – 50,000 Euros 4% 50,000.01 – 200,000 Euros 3% 200,001.01 – 350,000 Euros 1% 350,000.01 – 500,000 Euros 0.5% Exceeding 500,000 Euros 0.25%
The maximum amount due shall not exceed 12,500 Euros however high the hammer price attained, i.e. this is the maximum royalty an artist can earn. If you have any further queries regarding ARR please refer to our department or contact the DACS Helpline on 0845 410 3410. Further information on this legislation and helpful fact sheets are available on the DACS website: www.dacs.org.uk Email: firstname.lastname@example.org.
Shapes highlights potential artists susceptible to ARR by placing an asterisks (*) before the artists’ name. Please note that ARR is only collected if the painting sells for over 1,000 Euros.
- Lot Validity: Buyers should inspect purchases immediately after the auction, with regard to their validity as described within our catalogue. If a lot is believed to be a deliberate forgery or has been materially misrepresented in the catalogue, and can provide evidence to support this, buyers must report to us any intention to return purchases within 14 days of the auction and have the lot returned to Shapes, in acceptable condition, by 21 days of the auction.
- Electrical Goods: Lots which were once operated by mains electricity are offered for sale for display or historical purposes and 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. Shapes cannot accept responsibility for any contravention of this condition.
- Sellers Commission: 15% of the hammer price on items selling up to £999, 10% of the hammer price on items selling between £1,000 – 4,999 (to be authorised before sale), and negotiable on items selling over £5,000. Commission rates are subject to VAT and a minimum of £2.00 per lot
- Insurance: 1% of the hammer price/reserve price or lower estimate + VAT (subject to a minimum of £1.00 per lot)
- Lotting Fee: to include internet listing & photography – £3 + VAT per lot
- Terms of Business: Shapes’ charges for commission, marketing, insurance, withdrawn lots and carriage are specified on the Auction Instruction Form issued as a receipt of goods. Shapes’ services are subject to VAT. All goods will be sold without reserve unless stated otherwise. It is the responsibility of the seller to communicate any reserves to the auctioneer before sale. The seller warrants to Shapes that he/she posseses a marketable title free from encumbrance in all goods that he/she instructs Shapes to sell, and unless otherwise stated on the Auction Instruction Form, is deemed to instruct Shapes as an individual on his/her own behalf.
- General: All sales by Shapes, and all work carried out by the auctioneers, shall be deemed to be under a Contract incorporating the Conditions of Sale and shall be interpreted in accordance with Scottish Law, irrespective of the residence domicile or principle trading address of the seller. Third Party Liability – every person on Shapes’ auction premises at any time shall be deemed to be there at his/her own risk and shall have no claim against Shapes in respect of any accident, injury, damage or loss howsoever caused, save insofar as the accident, injury, damage or loss shall be caused by the direct negligence of Shapes’ employees.
- Descriptions: Whilst Shapes makes every effort to ensure the accuracy of their catalogue and the description of any lot, a) each lot as set out in the catalogue or as divided or combined with any other lot/s is sold by the vendor with all faults, imperfections and errors of descriptions. b) Shapes does not accept responsibility for the authenticity, attribution, genuineness, origin, authorship, date, age, period, condition or quality of any lot, unless they have been instructed in writing by the vendor so to certify, and in such case the Auctioneers do so as the agents of the seller and are not themselves responsible for such claims. c) All statements, whether printed in the catalogue or made orally, as to any of the matters set out in (b) above, are statements of opinion only and are not to be taken as being or implying any warranties or representations of fact by Shapes, unless they have been instructed in writing by the vendor so to certify, and in such case the Auctioneers do so as the agents of the seller and are not themselves responsible for such claims. d) Any claim under any Statute must be recieved in writing by the Auctioneer within 10 days from the day of the sale.
- The Auction: a) The auctioneer has absolute discretion to divide, combine or withdraw any lot/s from sale, to refuse bids, regulate bidding or cancel the sale without giving reason or notice and may bid on behalf of the seller for any lot subject to reserve or offered at the auctioneer’s discretion. The seller authorises the auctioneer to accept telephone and commission bids, notwithstandingthe fact that the bidder may be unknown to Shapes or the auctioneer. b) The highest bidder shall be the buyer, and if during the auction, the auctioneer considers that a dispute has arisen, he has absolute discretion to settle it or reoffer the lot. c) Each lot is put up for sale subject to any reserve price placed by the vendor. Where there is no reserve price (but not otherwise) the seller has the right to bid either personally or by any one person (who may be the auctioneer). If the lot is sold to the vendor, Shapes Terms & Conditions of sale shall apply to that purchase. d) All conditions, notices, descriptions, statements and other matters in the catalogue and elsewhere concerning any lot, are subject to any statements modifying or affecting the same made by the auctioneer from the rostrum prior to any bid being accepted for the lot. e) Default – Shapes disclaims responsibility for default by either the buyer or the seller because they act as auctioneers only and therefore do not pay out to the vendor before payment is recieved from the buyer. Instructions given by the the telephone are accepted at the sender’s risk and must be confirmed in writing forthwith. f) Private Traety Sales – The seller authorises Shapes to accept any offer for any lot which had been left unsold at the auction provided the the seller’s net sale proceeds are at least equal to the amount which would have been realised by auction at the stated reserve or estimate. Shapes’ Terms & Consitions of Sale shall apply to private treaty sales, insofar as they are appropriate. g) Photographs & Illustrations – the seller gives to the auctioneers full and absolute rght to photograph and illustrate any lot offered for sale and to use such material at its absolute discretion, whether or not in connection with the auction. h) Purchase Price – the buyer shall pay the hammer price and a premium set at the current rate specified in the catalogue. The premium (and in certain stated cases, the purchase price itself) will be subject to VAT at the current rate. The vendor acknowledges Shapes’ right to retain this charge, which is also retained in sales by Private Treaty and authorises the auctioneers to deduct commission and expenses at the stated rates from the hammer price. i) Rescission – notwithstanding any other terms of these conditions, if within 14 days after the sale, Shapes have recieved from the buyer written notice of any lot that in his/her view the lot is a deliberate forgery, or has been materially misrepresented in the catalogue (as modified by any statement made by the auctioneer at the time of sale) and within a further 21 days after such notification returns the lot in acceptable condition, together with evidence satisfying Shapes that in the light of the catalogue entry the lot is a deliberate forgery (or has been materially misrepresented) then the sale of the lot will be rescinded and the purchase price of the same refunded. The burden of proof however, shall be upon the buyer in all cases, and in the event of a dispute, an arbitrator shall be nominated by the President of the Royal Institure of Chartered Surveyors, by whose decision both the buyer and the seller agree to be bound. In the case of any misdescription by the seller or where a lot is shown to be a deliberate forgery, the auctioneers shall not be liable to the seller for any oss arising from the rescission of a contract of sale and the seller shall return in full any amounts recieved by them from the Auctioneers in respect of that lot.
- Advertising: All normal costs are borne by Shapes, except in certain cases where an individual marketing plan will be devised and costed with the client.
- Instructions & Withdrawal Fees: Shapes may at its absolute discretion decline to offer for sale any of the items submitted by the seller i) if Shapes feel that there is no suitable sale in which those items may be included; ii) if the seller instructs Shapes to offer the lot subject to a reserve which Shapes in its absolute discretion does not believe is appropriate, or iii) if doubt arises over the attribution or authenticity of any lot. In respect of this condition, and if a seller should wish to withdraw an item from sale once it has been catalogued, Shapes reserves the right to charge withdrawal fees up to 15% of the reserve or estimated selling price, and to return any items to the seller at the seller’s cost. (See also condition 12 below).
- Collections & Returns: Carriage can be organised by either the seller or Shapes. Shapes recommend New Leaf Removals, Tel. Colin Anderson: 07999 926 261 or Rory Henderson for smaller collections, Tel: 07771 684 492. In the instance that Shapes is able to undertake the carriage of items upon instruction from vendors, we are insured for loss or damage in transit, however Shapes disclaims all responsibility for loss or damage to goods or for unauthorised removal of goods and for damage to premises caused by any other contractor who should have insured for such risks.
- Loss or Damage: Shapes disclaims all responsibility for loss or damage to goods unless caused by the negligence of their employees or agents, in which event Shapes liability shall be limited to the aount calculated in clause 14(i) below.
- Storage: Shapes reserves the right, at their sole discretion, to charge for the storage on their own premises or elsewhere of goods delivered to them for sale and which have been withdrawn from sale by the vendor and will make a minimum charge of £10 (+VAT) per lot per day for such storage. Vendors will also be charged at the same rate following the failure to comply with any instructions, sent to the address on this form, requesting the removal of properties from Shapes premises within seven days of the date of the instruction.
- Right to Sell: If goods are not removed within 14 days of a request, Shapes shall be entitled to donate the goods to charity or sell such goods to defray all amounts due from the vendor including storage charges without further reference to the vendor.
- Insurance: i) Unless otherwise instructed in writing, all goods in Shapes’ custody will be held insured against the risks of fire, burglary, water damage and accidental breakage or damage. Shapes shall not be responsible for damage caused by woodworm or by changes in atmospheric conditions. For arranging this insurance Shapes shall charge the vendor 1% (minimum £1) of the hammer price of any lots sold or of the expected selling price, as estimated by the Auctioneer in his absolute discretion (the value of goods so covered shall be the amount net of all Shapes’ charges). ii) Where the owner has given written instructions that items are not to be covered by Shapes’ insurance, Shapes shall not be responsible for damage to, or the loss, theft or destruction of any goods not so insured. In such circumstances, the vendor shall indemnify Shapes, its result from negligence. The vendor undertakes to notify his/her insurer of such indemnity and to reimburse Shapes with any cost arising from such claims. iii) In respect of any article delivered to Shapes which is specificcally mentioned in the vendor’s insurance, whether or not for an agreed value, the vendor shall notify his insurers of and shall himself note Shapes’ interest as bailees in such policy or policies.
- Reserves: All descriptions, reserves and estimates must be agreed before sale. i) All goods are put up for sale without reserve at the Auctioneer’s discretion unless written instructions as to reserves are recieved by Shapes at least one day prior to the commencement of the sale, it being the responsibility of the vendor to ensure that the Auctioneer recieves such instructions. Reserves may only be set on or below the lower estimate. ii) The Auctioneer may sell any article below the stated reserve price provided that the net proceeds of the sale are equal to those recieved from a sale at the reserve price. iii) Once set, a reserve can only be altered by the vendor with the agreement of Shapes. Shapes shall be entitled to withdraw a lot from sale with a reserve which it believes excessive and to charge a withdrawal fee. In the event of unsold lots remaining in Shapes’ custody, Shapes shall be empowered to offer the lot at a subsequent auction without the previous reserve at the Auctioneer’s discretion, unless specifically advised of a new reserve in writing, or to sell the lot by private treaty in accordance with condition 7(f) above.
- Indemnity: The vendor shall duly indemnify Shapes, its agents, employees and the Auctioneer in all respects against any claim whatsoever arising from the sale and storage of any item submitted by the vendor to Shapes for sale or for any other purpose. Such indemnity shall specifically include indemnity against any claims arising grom any breach of any of the warranties given by the vendor under these Terms & Conditions of Sale. Shapes shall hold any indemnity given for the benefit of its employees and agents under these Terms & Conditions of Sale on trust for those employees and agents.
- VAT: A vendor who sends for sale by auction any chattel(s) which is an asset of his business must disclose to the auctioneer whether or not he is registered for VAT and, if so, his registered number and whether or not he intends to operate the special scheme covering antiques etc. This information must be supplied to the Auctioneer on, or prior to, delivery of the goods and no alterations affecting the VAT treatment of goods shall be made after the items have been submitted for sale.
- Settlement: Payment to the vendor shall be made by means of a crossed account payee only cheque drawn in sterling. In the normal course of business, and subject to the full purchase price being recieved from the buyer, the vendor shall recieve the settlement cheque approximately 30 days after the sale. If the buyer has not paid within 37 days of the auction, the vendor authorises Shapes, at the vendor’s cost, to undertake reasonable steps to recover the monies, or to cancel the sale. Shapes shall have absolute discretion to allocate any amounts recieved from buyers in part payment to the vendor(s) concerned and to allocate sale proceeds resulting from this contract to any outstanding purchases in the name of the vendor which have not been paid in accordance with the conditions of sale. If for any reason Shapes pays to the vendor the net proceeds for the sale before settlement is recieved in full from the buyer of that lot then title in that lot shall pass from the vendor to Shapes.
- Disposal: The vendor authorises Shapes to dispose of any items to the local authority which in Shapes’ opinion have no saleable value, contravene any current Government Saftey or British Standard legislation, or otherwise cannot legally be sold, and agrees to pay any charges payable on such a disposal.
- If any one or more of the provisions of these Conditions of Sale shall be adjudged by any court to be unfair within the meaning of the Unfair Terms Legislation or any statutory modification thereof then only those particular provisions shall be un-enforcable but the remaining provisions of the Conditions of Sale shall continue in full force and effect.