Sworders Objects Of Desire - Wednesday 3 October 2018

61 “Auctioneer” 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; “Bidder” means a person who places a bid for Goods at our auction; “Buyer” means the person who makes the highest bid for the Goods accepted by the Auctioneer; “Commission” means the commission that we charge you on the sale of the Goods as set out in Clause 5 below; “Consumer” means an individual acting for purposes which are wholly or mainly outside that individual's trade, business, craft or profession; “Consumer Contracts means the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013; Regulations” “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; “FCA” means the Financial Conduct Authority; “Goods” means the goods that you consign to us for sale at our auction; “Hammer Price” means the level of the highest bid for a Lot accepted by the Auctioneer; “Premium” means the premium charged to the Buyer on the sale of the Goods in accordance with the Terms of Sale; “Price” means the total of the Hammer Price, Premium and any applicable VAT; “Proceeds” means the Price less the Commission, the Premium, any expenses incurred to your account and any applicable VAT; “Reserve” means the minimum price at which the Goods may be sold; “Seller” means the owner of the Goods and any agent who consigns the Goods for sale on the owner's behalf (if applicable); “Terms of Consignment” means these terms of consignment; “Terms of Sale” means the terms of sale for bidders or buyers at our auctions; “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 IMPORTANT NOTICES Removal of Lots ALL lots are to be removed from the premises by 5.00pm at the latest on the Friday following each sale. Sworders retain the right to remove lots remaining after this time into safe storage, for which a charge will be made. Electrical Goods All electrical goods offered in this sale have either been tested and certified safe or unsafe by an appropriately qualified electrician. All electrical goods certified safe mst be re-commissioned by an appropriately qualified electrician and we recommend those certified safe are similarly re-commissioned. CITES Regulations § Lots marked with this symbol have been identified at the time of cataloguing as containing organic material subject to CITES legislation and the buyer should be aware that they may find restrictions regarding import or export. TERMS OF SALE Both the sale of goods at our auctions and your relationship with us are governed by the Terms of Consignment (primarily applicable to sellers) the Terms of Sale (primarily applicable to bidders and buyers) and any notices displayed in the saleroom or announced by us at the auction (collectively, the "Conditions of Business"). The Terms of Consignment and Terms of Sale are available at our saleroom on request. Please read these Terms of Sale carefully. Please note that if you register to bid and/or bid at auction this signifies that you agree to and will comply with these Terms of Sale. Please note that these Terms of Sale relate to auctions held at our premises only. We have separate terms for online only auctions. 1. Definitions and interpretation To make these Terms of Sale easier to read, we have given the following words a specific meaning: In these Terms of Sale the words 'you', 'yours', etc. refer to you as the Buyer. The words "we", "us", etc. refer to the Auctioneer. Any reference to a 'Clause' is to a clause of these Terms of Sale unless stated otherwise. 2. Information that we are required to give to Consumers 2 .1 A description of the main characteristics of each Lot as contained in the auction catalogue. 2.2 Our name, address and contact details as set out herein, in our auction catalogues and/or on our Website. 2 .3 The price of the Goods and arrangements for payment as described in Clauses 4, 5, 7 and 8. 2 .4 The arrangements for collection of the Goods as set out in Clauses 8 and 9. 2. 5 Your right to return a Lot and receive a refund if the Lot is a Deliberate Forgery as set out in Clause 13. 2.6 We and Trader Sellers have a legal duty to supply any Lots to you in accordance with these Terms of Sale. 2.7 If you have any complaints, please send them to us directly at the address set out on our Website. 3. Bidding procedures and the Buyer 3.1 You must register your details with us before bidding and provide us with any requested proof of identity and billing