Terms & Conditions
TERMS & CONDITIONS
- Any person on the auctioneers’ premises before, during or after the sale shall be deemed to be there at his own risk. Such persons shall have no claim against the auctioneers in respect of any injury sustained or any accident which may occur from any cause whatsoever, subject always to the provisions of the Unfair Contracts Terms Act 1977.
- All goods are sold with all faults and errors of description. All goods are sold and dealt with by the auctioneers on the instructions of their client or clients. The auctioneers will not be answerable for any faults, quality, weight or measurement or otherwise, of any of the sold goods, all of which matters must be settled exclusively and solely between the said client or clients and the purchasers of such goods concerned.
- The highest bidder acceptable to the auctioneer shall be the buyer. The auctioneer shall have absolute discretion to settle any dispute which arises and to refuse bids or to advance the bidding as seen fit.
- Any items damaged or broken accidentally or otherwise during viewing days or auction days must be paid for at the valuation set by the auctioneer.
- Payment can be made by cash, bankers draft, building society, debit or credit card. Buyers paying by cheque must be prepared for the cheque to clear before taking possession of the goods from the auctioneers. See Payments point 4 for further details.
- All items must be removed at the buyer’s risk by the Friday immediately following the sale (unless other arrangements have been made with the auctioneer).
- All unsold items must be removed by the vendor by the 20th of the month of the auction after which time the items will be disposed of after 6 weeks without further notice to the vendor.
- i) Items re-entered for auction: The auctioneers retain the right to re-enter goods and reduce the estimate/reserve. Vendors will be notified either by email, telephone or post.
- The auctioneers will, on the buyers written instructions, execute bids on their behalf, but neither the auctioneer nor his employees or agents shall be liable for any neglect in doing so or failure to do so.
- The buyer shall pay a fee of 19% plus VAT to the auctioneer when purchasing goods from auction. Our VAT Registration No. is 683 4311 35. Buyer’s using Saleroom.com will incur additional fees. See Online Bidding below.
Artist Resale Rights
This levy is to be charged to the purchaser. In bidding, you accept that you will be charged in accordance with the terms of the Act. In some countries, including those in the EU, local laws entitle the artist or the artist’s estate to a royalty.
Artist's resale rights is a levy payable to a qualifying artist or the artist's heirs each time a work is re-sold during the artist's lifetime and for a period up to 70 years following the artist's death. Royalties are calculated using a sliding scale of percentages of the sale, please check using link below.
This levy is to be charged to the purchaser. In bidding, you accept that you will be charged in accordance with the terms of the Act. An artwork must sell for more than
€1,000 to qualify for the levy. The law defines the price threshold in Euros and, because the exchange rate between the two currencies changes daily, the equivalent in Pounds Sterling is worked out according to the exchange rate on the
date the artwork is sold. The threshold for the day will be announced at the beginning of the sale. The levy is 4% on up to 50,000 euros, 3% from 50,000-200,000 euros, 1% from 200,000-350,000 euros, 0.5% from 350,000-500,000 euros and 0.25% on a hammer price exceeding 500,000 euros. There is a cap of 12,500 euros payable on any one work. Please note: this scale is cumulative, which means that where the sale price is higher than the first threshold, the royalty on each portion of the price must be calculated accordingly and added together to arrive at the final sum. For example, take an artwork that sells for €210,000. The
first €50,000 would achieve 4% (€2,000), the next 150,000 would achieve 3% (€4,500), and the final €10,000 would achieve 1% (€100). The total royalties due would be €6,600.
- Bentley’s Fine Art Auctioneers will supply basic condition reports with photographs to assist with evaluation. Condition reports are given by what can be seen by the naked eye. If you require to know the detailed condition of any item in a forthcoming auction, please either view the item yourself or delegate someone to view it for you.
- Vendors’ commission and fee charges are 18.5% commission payable on the hammer price. A £3 lottage fee applies to unsold items. A limited liability charge of 1.5% is applied to the hammer price of sold lots. A minimum fee of £20 for collection of items will apply and is subject to variation depending on collection location. All charges are subject to Vat at the current rate.
- In the event of loss or damage to a vendor’s item prior to auction, limited liability will be paid at the lower end of estimate or reserve figure.
- If items that have been catalogued are withdrawn by the vendor before any auction, a charge of 25% (+ VAT) of the reserve or lower estimate will be made to cover administration costs, with a minimum charge of £10 per lot plus Vat.
- Payments to vendors are issued 14 days after the sale. Payments to vendors may be delayed if full payment has not been received from the purchaser.
- The auctioneers reserve the right to amend/alter or change vendor descriptions.
- The auctioneers reserve the right to amend/alter or change a lot description at any time up to the point of auction.
- All items entered for sale are offered subject to 10% auctioneer’s discretion on the reserve price.
- Bentley’s reserve the right to request deposits from new buyers for goods with an individual estimated hammer price of £1,000 and over. In the event of a purchase of an item(s) any deposit taken becomes non-refundable and will be forfeit if full payment is not received by 3 weeks from the date of the auction in which the item(s) were purchased.
ALL ITEMS PURCHASED MUST BE PAID FOR PREFERABLY ON THE DAY OF THE SALE, OR, IF NOT, BY CLOSE OF BUSINESS ON THE WEDNESDAY IMMEDIATELY FOLLOWING THE SALE. BENTLEY'S RESERVE THE RIGHT TO CHARGE UP TO 1% INTEREST PER WEEK ON THE FULL AMOUNT OWED, ON PAYMENTS MADE AFTER THIS.
2. Cash – sterling only.
3. Cheques - Buyers paying by cheque must be prepared for the cheque to clear before taking possession of the goods purchased.
4. Debit card/Credit card are acceptable.
* We do NOT accept debit or credit card payments where the cardholder is not present over £500.00. Where the buyer is unable to make payment in person over £500 payment must be made by bank transfer, cash or cheque.
5. Banker’s draft is acceptable.
6. Payments to vendors are issued 14 days after the auction, but may be delayed if full payment has not been received from the buyer.
Subject to satisfactory payment, all purchased items should be removed by the Friday immediately following the sale. All items remaining on the premises after this time shall be removed and Bentleys reserve the right to charge storage fees at £5.00 per lot per day.
2. All unsold items must be removed from the premises by the vendor by the 20th of the month of the auction, after this time the items will be disposed of after 6 weeks without further notice to the vendor.
- Under no circumstances can goods be cleared until cleared funds have been received in full.
Bentleys Auction Rooms offer an online bidding service via the-saleroom.com for bidders who cannot attend the sale.
In completing the bidder registration on www.the-saleroom.com and providing your debit or credit card details and unless alternative arrangements are agreed with Bentleys Auction Rooms:
- authorise Bentleys Auction Rooms, if they so wish, to charge the debit or credit card given in full payment, including all fees, for items successfully purchased in the auction via the-saleroom.com, and
- Confirm that you are authorised to provide these debit or credit card details to Bentleys Auction Rooms through www.the-saleroom.com and agree that Bentleys Auction Rooms are entitled to ship the goods to the card holder name and card holder address provided in fulfilment of the sale.
Please note that any lots purchased via the-saleroom.com live auction service will be subject to an additional commission charge + VAT at the rate imposed by the-saleroom.com on the hammer price.
PACKING, SHIPPING, & STORAGE CHARGES
- We do not offer in-house packing, despatch and shipping. We recommend Mailbox:
- All buyers must arrange collection of their goods by the Friday immediately following the sale. After which Bentley's reserve the right to charge storage of £5 per day and goods will not be released until this has been paid.
- Bentley’s Ltd will not be held responsible for any loss or damage to items due to circumstances beyond their control.
PRIVACY & SECURITY
Bentley’s is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
Bentley’s may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from May 2018 and has been updated in accordance with GDPR compliance processes.
What we collect
We may collect the following information:
- Contact information including email address
- Demographic information such as postcode, preferences and interests
We may also collect general user tracking information related to our website use using Google Analytics (see below). This information is collected and stored whenever a request is made for any page or image on our servers. This information can be analysed and presented in the aggregate or organised by user sessions.
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
- Internal record keeping.
- We may use the information to improve our services.
- We may periodically send promotional emails about our Auctions, specific lots or other information which we think you may find interesting using the email address which you have provided.
- From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, or mail. We may use the information to customise the website according to your interests.
- We may use general tracking information (generated by Google Analytics, see below) for analysis and reporting on site activity. For example, we may want to know how long the average user spends on our site, or which pages or features get the most attention. This information is used to analyse the success of our website, i.e. to gauge the popularity of one feature or offering over another, or on our ability to understand how people use our website. Tracking and aggregating usage information will allow us to develop this understanding.
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. NOTE This may prevent you from taking full advantage of the website as it will NOT work correctly.
Controlling your personal information
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you newsletters, information you may be interested in and notification of upcoming sales.
Online Payment and Live Bidding Security
PCI DSS (Payment Card Industry Data Security Standards) is the most rigorous standard in the payment industry today. PCI DSS standards are enforced by VISA, MasterCard and the banks and specify the technical aspects of a payment service as well as operational policies and procedures. Bentley’s are working with AIB, WorldPay, the-saleroom, to ensure that all these security obligations are being fulfilled and your data is as safe as can be.
How we keep our systems secure
We have security measures in place to protect the loss, misuse and alteration of the information under our control. These security measures include firewalls, data backup procedures and where appropriate, encryption and secure internet transactions. Despite these measures, "perfect security" on the internet does not exist.
Storage of your personal data
We will only keep your personal data for as long as we need to in order to fulfil the relevant purpose(s) it was collected, as set out above in this Notice, and for as long as we are required to keep it for legal purposes. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this policy.
Data Subjects' rights
Data protection laws provide data subjects with the following rights, (subject to certain exemptions and conditions in some cases) to:
- request access to their personal information (commonly known as a “data subject access request”). This enables them to receive a copy of the personal information we hold about them and to check that we are lawfully processing it;
- request correction of the personal information that we hold about them. This enables them to have any incomplete or inaccurate information we hold about them corrected;
- request erasure of their personal information. This enables them to ask us to delete or remove personal information where there is no good reason for us continuing to process it. Data subjects also have the right to ask us to delete or remove their personal information where they have exercised their right to object to processing (see below);
- request the restriction of processing of their personal information. This enables them to ask us to suspend the processing of personal information about them, for example if they want us to establish its accuracy or the reason for processing it;
- request a copy of their personal information which they have provided to us, in a structured, commonly used and machine-readable format and the right to transfer it, or to require us to transfer it directly, to another controller; and
- complain to the supervisory authority, which in the United Kingdom is the Information Commissioner’s Office.
Data subjects also have the right to object to the processing of their personal information where we are relying on a legitimate interest (or those of a third party) and there is something about their particular situation which makes them want to object to processing on this ground. They also have the right to object where we are processing their personal information for direct marketing purposes.
Data subjects will not have to pay a fee to access their personal information (or to exercise any of the other rights above). However, we may charge a reasonable fee if their request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
We may need to request specific information from the data subject to help us confirm their identity and ensure their right to access the information (or to exercise any of their other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.
If you have any queries, comments or requests regarding this Policy, or you would like to exercise any of your rights as a data subject set out above, you can contact our Data Protection Officer in the following ways:
- by telephone at 01580 715857; or
- by post to Data Protection Officer, Bentley’s Fine Art Auctioneers Ltd, The Old Granary, Waterloo Road, Cranbrook, Kent TN17 3JQ