BUYING AT ROSEBERYS
The following is intended to serve as a useful quick reference to buying at Roseberys.
Prior to bidding please familiarise yourself with our full conditions of sale which are applicable when bidding at one of our auctions. Our staff are available to assist you with any questions you may have.
Catalogues are available from reception and all lots are listed and illustrated at www.roseberys.co.uk
Condition is not stated in the catalogue description and buyers are encouraged to view lots in person prior to bidding to satisfy themselves as to the accuracy of the description and condition of lots.
New buyers are required to register before bidding. This can be done in person at reception, via email to firstname.lastname@example.org. Photographic identification, full contact details and proof of address are required. Roseberys cannot accept bids from unregistered buyers. Once registered you will be provided with a paddle which states your bidding number for the auction.
New International Bidders
In addition to providing proof of identity, new international bidders must leave a £500 deposit the first time they register and before bidding. Successful bidders will be refunded their deposit once they have paid for their lots. Unsuccessful bidders will automatically be refunded within a week of the auction.
Methods of bidding
• In person: at the auction room.
• Commission bid: If you are unable to attend the auction commission bids may be left indicating the maximum amount to be bid excluding the buyer’s premium. All bids must be received at reception at least one hour before the start of the auction. Clients are also able to leave a commission bid via our website on individual lot pages. These bids are actioned on your behalf by our in-house bidding software RoseberysLive, and are not visible to the auctioneer.
• Online bidding: You can follow all our auctions live online and bid via the internet using RoseberysLive, our in house live bidding platform. RoseberysLive is a secure online bidding platform provided by Roseberys to enable our clients to bid online from anywhere in the world. You can register to use the service or view the auction through our website www.roseberys.co.uk. There is no charge to use this service. Alternatively, online bidding is available through www.thesaleroom.com and www.invaluable.com, successful online bidders are charged an additional premium of 3%. Bidders must register by 9am on the morning of the auction to be able to buy online. You will be asked to complete the registration process prior to approval.
• Telephone bidding: A limited number of phone lines for lots in the auction are available for bidders subject to a minimum threshold. A member of staff would telephone your during the auction and bid live on your behalf. Please contact reception if you would like to enquiry about booking a phone line. The number of lines is limited so we would urge serious telephone bidding only and ask that you be prepared to bid over the top estimate.
The buyer shall pay the hammer price together with a premium thereon of 25% up to £250,000 (30% inclusive of VAT), 20% from £250,000-500,000 (24% inclusive of VAT), 12% from £500,000 onwards (14.4% inclusive of VAT) The premium price is subject to VAT at the standard rate.
VAT is not charged on the hammer price unless it is stated that there is ‘VAT applicable on the hammer price’ at the end of the description. Buyer’s premium is subject to VAT.
(ARR) – ARTIST’S RESALE RIGHT
Qualifying living artists and the descendants of artists deceased within the last 70 years are entitled to receive a re-sale royalty each time their work is bought through an auction house or art market professional.
It applies to lots with hammer value over €1,000 as follows:
0 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%
ARR is capped at €12,500
Please note ARR is calculated in euros. Auctioneers will apply current exchange rates.
Payment is required immediately after the auction and can be made in the following ways:
• Cash: up to the sterling equivalent of 10,000 Euros on the day of the transaction
• Debit and Credit cards: excluding American Express. To protect against card fraud we are unable to make ‘card not present’ transactions online or over the phone for amounts over £1000. To make a payment of over £1000 please make a bank transfer or visit the auction house in person.
• Bank transfer: payment is accepted via bank transfer to the following account, (International bank transfers are subject to a £25 administration fee.)
Natwest Bank plc, Bloomsbury Parr’s branch,
Sort Code 60-30-06, Account number 36952613,
Swift code NWBKGB2L,
• Online via www.roseberys.co.uk (up to £1,000)
Clearance of Goods
Roseberys requests all lots are collected within five working days following the auction. After this storage charges of £2 + VAT per lot will apply. Please contact our Client Services team should you be unable to collect your purchases within this time and we would be happy to discuss alternative arrangements.
Roseberys is unable to pack and ship items but can suggest the following companies:
• Capital Fine Art Move: +44 (0) 7957 209523
• Bernard Thornton: +44 (0) 7970 118762
• Mail Boxes Etc: +44 (0) 20 8649 9777
• Pack and Send: +44 20 8392 6990
In order to release to a third party carrier you must inform Roseberys in writing of the lot number and carrier name. Please email email@example.com
Export of goods
Buyers intending to export goods should ascertain whether an export licence is required before bidding. Export licences are issued by Arts Council England and application forms can be obtained from its Export Licensing Unit. Details can be found on the ACE website www.artscouncil.org.uk or by phoning ACE on 020 7973 5188. The need
for import licences varies from country to country and you should acquaint yourself with all relevant local requirements and provisions before bidding. The refusal of any such licences shall not permit the cancelling of any sale nor allow any delay in making full payment for the lot.
TERMS & CONDITIONS OF SALE
Rosebery Fine Art Ltd carries on business with bidders, buyers and all those present in the auction room prior to or in connection with a sale on the following General Conditions and on such other terms, conditions and notices as may be referred to herein.
In these Conditions:
(a) “auctioneer” means the firm of Rosebery Fine Art Ltd or its authorised auctioneer, as appropriate;
(b) “deliberate forgery” means an imitation made with the intention of deceiving as to authorship, origin, date, age, period, culture or source but which is unequivocally described in the catalogue as being the work of a particular creator and which at the date of the sale had a value materially less than it would have had if it had been in accordance with the description;
(c) “hammer price” means the level of bidding reached (at or above any reserve) when the
auctioneer brings down the hammer;
(d) “terms of consignment” means the stipulated terms and rates of commission on which Rosebery Fine Art Ltd accepts instructions from sellers or their agents;
(e) “total amount due” means the hammer price in respect of the lot sold together with any premium, Value Added Tax chargeable and any additional charges payable by a defaulting buyer under these Conditions;
(f) “sale proceeds” means the net amount due to the seller, being the hammer price of the lot sold less commission at the stated rate, Value Added Tax chargeable and any other amounts due to us by the seller in whatever capacity and however arising;
(g) “You”, “Your”, etc. refer to the buyer as identified in Condition 2.
(h) The singular includes the plural and vice versa as appropriate.
2. Bidding Procedures and Conduct of the Auction
(a) Bidders are required to register their particulars before bidding and to satisfy any security arrangements before entering the auction room to view or bid. Any bidder who refuses to provide the requested identification may be refused permission to bid.
(b) The auctioneer has discretion at any time to refuse any bid, withdraw any lot, re-offer a lot for sale (including after the fall of the hammer) if they believes there may be error or dispute, and take such action as they reasonably thinks fit.
(c) Subject to condition 2(b) the contract between the buyer and seller is concluded on the striking of the auctioneers hammer whereupon the buyer becomes liable to pay the purchase price.
(d) Any post auction sales of lots offered at auction shall incorporate these conditions as if sold in the auction.
(e) Our right to bid on behalf of the seller is expressly reserved up to the amount of any reserve and the right to refuse any bid is also reserved.
3. Increments. Bidding increments shall be at the auctioneer’s sole discretion.
4. The Purchase Price. The buyer shall pay the hammer price together with a premium thereon of 25% up to £250,000 (30% inclusive of VAT), 20% from £250,000-500,000 (24% inclusive of VAT), 12% from £500,000 onwards (14.4% inclusive of VAT) The premium price is subject to VAT at the standard rate.
5. Value Added Tax. Value Added Tax on the hammer price is imposed by law on all items
affixed with an asterisk or double asterisk. Value Added Tax is charged at the appropriate
rate prevailing by law at the date of sale and is payable by buyers of relevant Lots. (Please refer to “Information for Buyers” for a brief explanation of the VAT position).
(1) Immediately a Lot is sold you will:
(a) give to us, if requested, proof of identity, and
(b) pay to us the total amount due in cash, debit, credit card or bank transfer or in such other way as is agreed by us.
(2) Any payments by you to us may be applied by us towards any sums owing from you to us on any account whatever without regard to any directions of you or your agent, whether express or implied.
7. Title and Collection of Purchases. The ownership of any Lots purchased shall not pass to you until you have made payment in full to us of the total amount due.
(a)(i) You shall at your own risk and expense take away any lots that you have purchased and paid for not later than 5 working days following the day of the auction.
(ii) Roseberys are unable to pack, post or delivery any items purchased through public or online auction, a list of suggested companies is supplied upon issuing of invoices, upon request or on the company website/s. These are suggestions only and are not the recommendation of Roseberys or affiliated with Roseberys in anyway and as such Roseberys cannot be held responsible for the individual performance of these companies.
(b) No purchase can be claimed or removed until it has been paid for and payment has cleared.
(c) Invoices will not be split or title transferred to another person(s). Invoices must be paid in full before any lots can be removed.
(d) Purchased lots must be collected within the allocated time as stated in the Information for Buyers section 13, storage charges are applicable thereafter. Purchased lots are at the Buyer’s risk (and therefore their sole responsibility for insurance) from the earliest of the collection or the 21st calendar day after the auction. Until risk passes Roseberys will compensate the buyer for any loss or damage to the lot up to a maximum of the purchase price paid.
8. Remedies for Non-Payment or Failure to Collect Purchases
(1) If any Lot is not paid for in full and taken away in accordance with these Conditions or if there is any other breach of these Conditions, we, as agent for the seller and on our own behalf, shall at our absolute discretion and without prejudice to any other rights we may have, be entitled to exercise one or more of the following rights and remedies:
(a) to proceed against you for damag