Terms and Conditions
In our Terms and Conditions The Rostrum, Fine Art Auctioneers Limited are referred to as ‘The Rostrum’, ‘TRFAA’, ‘we’, ‘us or ‘our’ throughout these Conditions. A representative of TRFAA conducting an auction is referred to as the Auctioneer. These definitions apply to these Conditions and to the buyer’s information form.
Buyer’s Information and Condition Reports
The Rostrum, Fine Art Auctioneers (TRFAA) happy to provide Condition Reports to Prospective Buyers. Ideally please make requests as soon as possible before a sale and certainly 48 hours before any sale. Condition Reports are an expression of our opinion and not a statement of fact and we provide these to help both the seller and the buyer. Our reports are made ‘bona fide’ to which end we can accept no liability for the opinions expressed in any Condition Report.
Caveat Emptor prevails
The principle of caveat emptor applies to the sale of all goods sold at auction by us. Furthermore, we have no control over the condition of any item offered for sale. Additional Images are available on the website if not in the printed catalogues.
Requests for additional images of items in the sale can made up to 48 hours before the Day of Sale. For lower end sales we may not offer this service.
We offer an online bidding service via our own platform – The Rostrum Live Bidding at www.therostrumauctions.co.uk Items purchased via this platform will be subject to an additional 3.5% commission charge plus VAT at the prevailing rate.
We also offer online bidding via www.the-saleroom.com for prospective buyers who cannot attend the sale. Items bought via this platform will be subject to an additional 4.95% commission charge plus VAT.
By creating an account on www.the-saleroom.com and providing your credit/bank card details and unless alternative arrangements are agreed with us, you;
(a) authorise TRFAA, if they so wish, to charge the credit/bank card given in part or full payment, including all fees, for items successfully purchased in the auction via www.the-saleroom.com; and
(b) confirm that you are authorised to provide these credit/bank details to TRFAA through www.the-saleroom.com and agree that TRFAA are entitled to permit the shipping of the goods to the card holder and card holder address provided in fulfilment of the sale.
We do not accept any liability for any losses, however arising, as a result of a prospective buyer’s use of www.the-saleroom.com. Use of www.the-saleroom.com is subject to separate terms and conditions which do not form part of these conditions.
Requests for telephone bidding must be registered at least on the day prior to the relevant sale. Telephone Lines are limited and will be booked on a first-come, first-served basis.
Whilst reasonable endeavours will be made to execute absentee bidding up to the Day of Sale, TRFAA will not be liable for any default or neglect in connection with this service. All such arrangements therefore are made entirely at the Prospective Buyer’s risk.
Value Added Tax (VAT)
Value added tax or any equivalent tax chargeable in the UK or elsewhere will be applied at current standard rates.
TRFAA act as agents for the Seller, whose details remain confidential. If you buy at auction your contract is with the Seller and not TRFAA.
The following symbol is attached before the Lot Number where Export or CITES Regulations may be in force. E.g. ~74.
Clients intending to import or export any item derived from natural history specimens into or from a non-European country should first check for any Import or Export and possession restrictions prior to bidding or selling. Responsibility for this and supplying supporting documentation where necessary remain with the buyer and seller, as appropriate.
Certain species are also subject to CITES regulations when exporting/importing these items out of the EU. CITES regulations are given on www.ukcites.gov.uk or may be obtained from:
The Animal and Plant Health Agency
Centre for International Trade
Bristol BL1 5AH
0117 372 3700
Those species that are covered by the US Endangered Species Act (USESA) or The Migratory Bird Treaty Act (MBTA): potential US bidders should check with USF&W (US Fish and Wildlife Services) for trade/possession restrictions in the US prior to bidding.
Pictures, Provenance and Descriptions
The forename(s) and surname of the artist, where known, indicates, in our opinion, a work by the artist named.
The initials of the forename(s) and the surname of the artist indicates in our opinion a work of the period of the artist which may be wholly or in part his work.
The following terms apply in our determination of a picture description:
(a) “Attributed to” – is in our opinion probably a work by the artist.
(b) “Studio of” – is in our opinion a work from the studio of the artist which may or may not have been executed under his direction.
(c) “Circle of” – is in our opinion a work of the period of the artist executed under his immediate influence.
(d) “Follower of” – is in our opinion a work by a painter working in the artist’s style, contemporary or nearly contemporary, but not necessarily his pupil.
(e) “Manner of” – is in our opinion a work in a style related to that of the artist, but of a later date.
(f) “School accompanied by the name of a place or country and a date” – means that in our opinion the picture was executed at that time and in that location; e.g. Russian School, 17th century.
(g) “After” – an artist is in our opinion a copy of any date after a work by that artist.
(h) “Signed and/or dated and/or inscribed means that in our opinion the signature and/or date and/or inscription” – are from the hand of the artist.
(i) “Bears signature and/or dated and or inscription means that in our opinion the artist’s name and/or date and/or inscription” – have been added by another hand.
(j) All references to signature, inscriptions and dates refer to the present state of the work.
(k) Dimensions are given height before width and do not include the frame.
(l) Pictures are framed unless otherwise stated. Droit de Suite/ Artists’ Resale Rights.
All items in this catalogue that are marked with ^ (prior to the Lot number) are potentially qualifying items, and the royalty charge (set out below) will apply if the Hammer Price is more than the UK sterling equivalent of €1,000. The royalty charge will be added to purchase invoices, and must be paid before items can be cleared. All royalty charges are paid to either the Design and Artists Copyright Society (‘DACS’) or the Artists’ Collecting Society (‘ACS’) by the auctioneers, and no handling costs or additional fees with respect to these changes will be retained by the auctioneer.
From 14 February 2006 United Kingdom art market professionals (which includes auctioneers) are required to collect a royalty payment for all works of art that have been produced by living artists, and those who have died within the last 70 years. This payment is calculated on qualifying works of art which are sold for a Hammer Price more that the UK sterling equivalent of €1,000 (the UK sterling equivalent will fluctuate in line with prevailing exchange rates). It is the responsibility of the Buyer to acquaint themselves with the actual Euro to UK sterling exchange rate on the Day of Sale. The actual qualifying threshold will be calculated by the ‘Artist’s Resale Right Service Hub’ based on the ‘European Central Bank’ reference rate published at on the Day of Sale and can be found on www.dacs.org.ukThe royalty charge for qualifying items which achieve a Hammer Price of more than the UK sterling equivalent of €1,000 is as follows:
Up to €50,000 – 4%
€50,000.01 to €200,000 – 3%
€200,000.01 to €350,000 – 1%
€350,000.01 to €500,000 – 0.5%
Exceeding €500,000 – 0.25%
For further information please visit www.dacs.org.uk or www.artistscollectingsociety.org. There is no VAT payable on this royalty charge.
All Lots are sold as seen, and the absence of any reference to the condition of a watch does not imply the lot is in good condition and without defects, repairs or restorations. Most watches have been repaired in the course of their normal lifetime and may now incorporate parts not original to them. We do not undertake any inspection of any watches prior to any Sale. We make no representation or warranty that any watch is in working order. As watches often contain fine and complex mechanisms, Prospective Buyers should be aware that a general service, change of battery or further repair work, for which they are solely responsible, may be necessary. Where possible we will add a note, ‘Appears in working order’ if a simple test shows that.
All Lots are sold as seen. We do not accept any responsibility for any repairs, defects or restorations of any such item. We have not carried out inspections or testing on such items and the absence of any reference to the condition of a vehicle or motorcycle does not imply it is in good condition. We make no representation of warranty as to any condition of any vehicle or motorcycle.
Post 1950 Furniture
Some furniture offered in the sale (as applicable) was not originally intended for use in a private home and will be sold under the category ‘works of art’. It is possible that some furniture does not comply with the Furniture and Furnishings (Fire)(Safety) Regulations 1989 and, for this reason, should not be used in a private home or re-upholstered. We do not provide any warranty or guarantee as to the safety of such furniture or the compliance with the Furniture and Furnishings (Fire) (Safety) Regulations 1989.
Whilst reasonable endeavour is taken to describe items accurately, Lots are sold with all faults, imperfections and errors of description. However, if upon collation, any book sold as an individual item, is found to lack text pages or illustrations, the same may be returned to TFRAA within seven days of the Day of Sale with a written description of the defect.
This shall not apply to the lack of blank leaves, half-titles, lists of plates, imprimatur, receipts, errata or adverts, nor to the presence of staining, foxing, annotation, worm holes and shaving, or defects to bindings, nor to the lack of subsequent published volumes, supplements or appendices.
Please note, the following items are sold with no right of return:
- books sold in multiple, whether named or otherwise;
- postcards; and
Method of Payment
Payment is accepted by cash up to £7,000, debit or credit card, cheque or bank transfer.
Card payments where the card holder is not present will only be accepted for transactions up to £500.
Payment can be made and purchases collected during the auction.
All accounts must be settled within 7 days of the sale. Accounts not paid within 14 days will automatically be subject to an interest charge of 5% above base rate from the day of sale.
In the light of Covid-19 and any governmental restrictions it is preferred that all payments are made by BACS or online by debit or credit card. On easing of restrictions, in person payments by debit or credit card as well as cash payments will be possible.
These measures are to protect both staff and clients.
All purchases must be collected from our Thorpe Market Salerooms unless otherwise stated within 7 days of the Sale (Monday to Friday 8.30am to 5.00pm).
Buyers may appoint their own shippers or use one of our preferred suppliers for all UK deliveries and international shipping. Please contact us if you require shipping suppliers to be recommended. Shipping remains the responsibility of the buyer.
Terms of Business
General Conditions of Sale
The Rostrum, Fine Art Auctioneers Limited are referred to as ‘The Rostrum’, ‘TRFAA’, ‘we’, ‘us or ‘our’ throughout these Conditions. A representative of TRFAA conducting an auction is referred to as the Auctioneer. These definitions apply to these Conditions and to the buyer’s information form.
Auctioneers’ Margin Scheme – As described at clause 20.
Buyer – the highest bidder on a Lot as determined by the Auctioneer.
Buyer’s Premium – percentage of the Hammer Price added to the Hammer Price payable to TRFAA as set out in clause 28.
Conditions – These Terms of Business including the Buyers’ Information form.
Condition Report – a report conducted by us as to the condition of a Lot upon written request from a Prospective Buyer following the guidance found in the buyer’s information form.
Sale – a purchase by the Buyer of a Lot from the Seller.
Prospective Buyer – any person registering an interest in making a purchase of a Lot.
Day of Sale – the date upon which an auction takes place for a Lot.
Lot(s) – An item offered for sale by a Seller at an auction conducted at our premises by an Auctioneer.
Hammer Price – the final price bid by a Prospective Buyer prior to the Auctioneer concluding an auction.
Viewing Day or Days – a day or days determined at our discretion for Prospective Buyers to view Lots. Time allocated for viewing will be determined according to the size and nature of the Lots.
TRFAA act throughout as agents only and we cannot be held responsible for any default by Buyers.
3. Attribution and Condition of Lots
Reasonable endeavours are made to ensure the accuracy of any statement as to authorship, attribution, origin, date, age, provenance and condition of any lot whether or not such statement forms part of the description of any such lot. Whether any such statement is made orally or in the catalogue it is merely an expression of opinion given by us. Each Prospective Buyer by making a bid for a Lot acknowledges that they have satisfied themselves fully as to the attribution and condition of the Lot. We make no warranty or representation as to the condition or attribution of any Lot.
In respect of pictures, these have not been removed from their frames unless specifically mentioned in the Condition Report. We accept no liability for any damage for any lot arising during the viewing, during the sale or after the sale. We act as agents only.
Forgery: Any Lot that proves to be a deliberate forgery may be returned to TRFAA by the Buyer within 21 days of the Sale 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 TRFAA are satisfied from the evidence presented that the Lot is a deliberate forgery TRFAA shall refund the amount paid (including Buyer’s Premium and VAT) unless:
(a) if the catalogue description or condition report reflected the accepted view of scholars and experts at the time of the sale; or
(b) you are unable to transfer a good and marketable title to us, you shall have no rights under this condition.
Nothing in these Conditions limits any liability which cannot legally be limited, including liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation; and
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quit possession).
Subject to this clause, our total liability to either the Buyer or the Seller (as appropriate) shall not exceed the value of the Lot sold by the Seller to the Buyer.
The following types of loss are wholly excluded by us:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of anticipated savings;
(e) loss of or damage to goodwill; and
(f) indirect or consequential loss.
Any dispute not herein proved for shall be settled at the sole discretion of TRFAA.
TRFAA shall have the right, at their discretion, to refuse admission to their premises or attendance at their auctions by any person.
No party shall be in breach of these Conditions nor liable for the delay in performing, or failure to perform, any of its obligations under these Conditions (or otherwise) if such delay or failure results from events, circumstances or causes beyond its reasonable control.
The Conditions constitute the entire agreement between the parties and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
Except as set out in these Conditions, no variation of these Conditions shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
These Conditions, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of England.
Each party irrevocably agrees that the Court of England shall have exclusive jurisdiction to settle any dispute of claim (including non-contractual disputes or claims) arising out of or in connection with the Conditions or its subject matter or formation.
Value Added Tax at the current rate is payable on all commissions, premiums and charges. Relating to the Seller and Buyer
Seller’s commission is 15% of the Hammer Price of each Lot on all sales. The minimum commission charge whether sold or unsold is £3.00 per Lot. Commission is payable upon demand by the Seller to TRFAA.
9. Right to Refuse
We reserve the right to use our discretion to refuse any Lot for sale.
10. Unsold Items
An unsold Lot will be subject to a minimum fee of £3.00 – £10.00 dependant on the sale. A Lot which fails to sell, and which the Seller does not wish to be re-offered, will be stored free of charge for seven days, after which a storage and handling charge of £5.00 per Lot per day will be applied. Any storage charges accrued must be paid by the Seller to TRFAA prior to the release of any stored Lots.
11. Haulage Charges
The charge for haulage is generally £50.00 per hour (minimum charge £50.00), to include travelling to and from the location of any Lot and the loading, unloading, packing and unpacking of any Lot and appropriate insurance.
12. Withdrawn Items/Cancellation of Sale by Seller
The fee for cancelling a Sale or for withdrawal of a Lot prior to the Sale is 20% of the estimated value or the reserve (determined at our sole discretion), plus any reasonable costs incurred. In Specialist and Department Sales (determined at our sole discretion) there is may be an additional minimum charge of £50.00 per Lot.
13. Withdrawn item/cancellation of Sale by The Rostrum
We accept no liability for any cancellation/postponement/default of a Sale. We reserve the right to withdraw any Lot from a Sale at our discretion and no liability will be accepted should we, at our discretion, withdraw a Lot for Sale.
14. Illustrations and Photographic Images
Illustration and Photography charges will be agreed with the Seller before publication in any catalogue or media channel. Any illustrations must be approved by the Seller prior to publication. TRFAA own the copyright to all images created prior to sale which may be used in subsequent marketing activities across any media channel.
Sellers are entitled to place reserves on any Lot they have consigned. A reserve cannot be higher than the bottom estimate advertised at the time of the Sale and may include a 10% increase at the Auctioneer’s sole discretion.
16. Electrical Items
Electrical items must comply with all current trading standards legislation. TRFAA reserve the right to dispose of any Lot which does not comply, at our sole discretion. Certain electrical items may be sold as decorative items or works of art only.
17. Soft Furnishings
The sale of soft furnishings is strictly regulated by the Furniture and Furnishings (Fire) (Safety) Regulations 1988 (as amended in 1989, 1993 and 2010). Any Lot found not to comply with these regulations will not be accepted for sale and must be removed at the Sellers expense or disposed of by TRFAA at the Sellers expense. For the avoidance of doubt, we do not conduct testing of soft furnishings for compliance with the Furniture and Furnishings (Fire) (Safety) Regulations 1988 (as amended in 1989, 1993 and 2010) and no warranty or representation in relation to the same is accepted or given. It is the sole responsibility of the Seller to ensure compliance.
18. Disposal of Items
TRFAA will dispose of items from house clearances which, in our opinion and at our sole discretion, are of no saleable value. A charge relating to the the disposal charge incurred by TRFAA in disposing of these items will be made for this service.
19. Value Added Tax (VAT)
Value Added Tax at the current rate is payable on all commissions, premiums and charges.
20. The Auctioneers’ Margin Scheme
This allows TRFAA to sell items without VAT on the Hammer Price and under the scheme, TRFAA shall not separate out the VAT from the Seller’s commission or Buyer’s Premium.
The “net sale proceeds” received from the Buyer in cleared funds will be forwarded to the Seller no later than 28 working days after the auction (TRFAA shall use reasonable endeavours to settle non-catalogue sales within 14 working days after the auction). Where the buyer makes a payment more than 28 working days after the auction TRFAA shall send to the Seller the “net sale proceeds” within five working days of receipt of cleared funds from the Buyer. The “net sale proceeds” are the Hammer Price less commission and expenses set out in the Consignment Form and/or Consignment Letter from TRFAA which will lay out terms. The Seller waives any right to interest that may be earned during the period from payment by the Buyer to receipt of the “net sale proceeds” by the Seller. For the avoidance of any doubt, the Seller shall have no recourse to TRFAA where payment is not received by TRFAA from the Buyer.
22. Consigning Lots
We may, at our absolute discretion, put any Lots not sold at a Sale, in a future Sale. Whilst we will use reasonable endeavours to notify a Seller of this, such actions are not contingent of notice being given relating to the Buyer.
Prospective Buyers must register in writing before a Sale, giving their full name, address, contact telephone number(s) and email address. First time buyers will be required to provide proof of identity (i.e. driving licence/passport), a valid debit or credit card and a copy of a utility bill or a document showing their name and address. Upon receipt of the above, a paddle will be issued, which is only valid for the Sale. This paddle may be used to indicate your bids to the Auctioneer during the Sale. If successful, the Prospective Buyer must ensure that the Auctioneer can see their number as indicated on the paddle and that it is their number that is called out. Should there be any doubts as to price or Buyer, please draw the Auctioneer’s attention to it immediately. No liability shall be accepted for failure to rectify an error during or after a Sale.
Regular clients can request a permanent paddle number and this will normally be granted.
24. Condition Reports
Only certain lots have reference to damage and restoration. However, the absence of any such notice does not imply that a Lot is free from defects, nor does it indicate that other defects are not also present. All Potential Buyers are deemed to have viewed all pieces they intend to bid for, and to have fully satisfied themselves as to the condition of the same. Condition Reports for Lots are available at www.therostrumauctions.co.uk. All Lots are sold as seen.
25. Telephone Bidding
Requests for telephone bidding must be registered by the close of the final Viewing Day. We would try but cannot guarantee to accept requests for telephone bids on a Sale Day. Telephone lines are booked on a first come first served basis. Full name, address and telephone numbers will be required together with proof of identity and address. Bank and Debit or Credit card details are also necessary to secure the line. You can request to place an instruction to bid up to a certain level should a telephone connection fail or no response is received.
26. Online Bidding
TRFAA offer an online bidding service via www.therostrumauctions.co.uk. Items purchased through this platform will be subject to an additional 3% commission charge plus VAT. Online bidding is also available at www.the-saleroom.com. Items bought via this platform will be subject to an additional 4.95% commission charge plus VAT.
By completing registration with either of these online bidding platforms and providing your credit/bank card details and unless alternative arrangements are agreed with TRFAA you:
(a) authorise TRFAA, if they so wish, to charge the credit/bank card given in part or full payment, including all fees, for items successfully purchased in the auction via either of these online bidding platforms;
(b) confirm that you are authorised to provide these credit/bank details to TRFAA and agree that TRFAA are entitled to permit the shipping of the goods to the card holder and card holder address provided in fulfilment of the sale; and
(c) Agree that TRFAA accepts no liability for any losses, however arising, for usage of www.the-saleroom.com which operates pursuant to its own terms and conditions. These Conditions solely regulate the relationship between us and you.
27. The Buyer
The highest bidder acknowledged as such by the Auctioneer will be the Buyer. If any dispute arises, the Auctioneer shall have sole discretion to settle the matter. The Auctioneer shall rule the bidding and no bid may be retracted. The Auctioneer reserves the right to refuse any bid. The Buyer who is successful in purchasing any Lot or Lots is entirely responsible for paying for such Lot or Lots in accordance with these Conditions. Purchases made on behalf of a third party are the responsibility of the Buyer in the room. The Auctioneer reserves the right to bid on behalf of the Seller for any Lot and to withdraw, consolidate or divide any Lot or Lots.
28. Buyer’s Premium
A Buyer’s Premium of 20% of the Hammer Price payable on each Lot in all sales except on motor vehicles and motor cycles where a 10% Buyers Premium will apply.
29. Auctioneers’ Margin Scheme
The Auctioneers’ Margin Scheme allows the Auctioneer to sell items without VAT on the Hammer Price. Under the Auctioneers’ Margin Scheme an amount equivalent to VAT is added to the Buyer’s Premium. This amount cannot be refunded. VAT will not be shown separately on the Buyer’s invoice.
Payment is due immediately from the Buyer after the auction and must be paid in pounds sterling.
The following methods of payment may be used:
- Online payments through The Rostrum website
- debit and credit cards;
- cash up to £7,000; and
- Bank transfer. Bank transfers should be sent to:
Barclays Bank, Leicester, LE87 2BB
Sort Code: 20-03-26
Account no: 13707156
Account name: The Rostrum, Fine Art Auctioneers Limited Client account
IBAN: GB61 BUKB 20032613707156
Card payments where the card holder is not present will only be accepted for transactions up to £500.00.
Payment can be made, and purchases collected, during the auction. Accounts not paid within seven days will automatically be subject to an interest charge of 5% above base rate from the day of sale.
31. Transfer of Risk
The risk in the Lot shall pass to the Buyer upon the completion of the Sale by the Auctioneer. TRFAA are not responsible for the correct description, genuineness or authenticity of any Lot as per these Conditions. The Buyer is deemed to have inspected each Lot and satisfied himself as to its condition.
32. Ownership of the Lot
Title to the Lot(s) purchased will not pass to the Buyer until the Buyer has paid TRFAA in full the total amount due pursuant to these conditions and TRFAA have applied such payment to the Lot.
33. Storage and Collection
Please note furniture, carpets, clocks and larger works of art lots will remain at our premises for seven days following each sale, after which they will be removed to store and arrangements for collection must be made in advance by the Buyer.
Storage charges will be levied on all lots not collected within seven days of the Sale. This will include a handling fee of £5.00 per Lot as well as a storage charge of £5.00 per Lot per day. Lots may not be collected until these charges have been paid without set off or deduction.
34. Droit De Suite/Artist’s Resale Rights
From 14 February 2006 United Kingdom art market professionals (which includes auctioneers) are required to collect a royalty payment for all works of art that have been produced by living artists, and those who have died within the last 70 years. This payment is calculated on qualifying works of art which are sold for a hammer price more that the UK sterling equivalent of €1,000 (the UK sterling equivalent will fluctuate in line with prevailing exchange rates). It is the responsibility of the buyer to acquaint themselves with the actual Euro to UK sterling exchange rate on the day of the sale. The actual qualifying threshold will be calculated by the Artist’s Resale Right Service Hub based on the European Central Bank reference rate published at 2.15pm on the day of the sale and can be found on www.dacs.org.uk.