NTB/ONLINE/TERMS&CONDITIONS/V1/4.2020
IMPORTANT
These terms and conditions apply to all online
bidding at online-only auction Sales conducted by
or in conjunction with Bonhams (“Online Sales” and
“Online Bidding”). Information applicable to the Sale
may also be set out in the Online Sales Catalogue
and/or in Special Notices on our website, and it is
your responsibility to review that information.
BY REGISTERING TO PARTICIPATE IN A BONHAMS
ONLINE SALE, AND/OR BY BIDDING IN SUCH
SALE, YOU EXPRESSLY AGREE TO:
? THESE TERMS AND CONDITIONS
INCLUDING THE LIMITATIONS OF OUR AND
THE SELLER’S LIABILITY CONTAINED
THEREIN;
? THE SELLER’S CONTRACT FOR SALE,
SET OUT AT APPENDIX 1 BELOW;
[Appendix 1]
? THE BUYER’S AGREEMENT WITH
BONHAMS . SET OUT AT APPENDIX 2
BELOW [Appendix 2],
? THE NOTICE TO ONLINE BIDDERS;
[Link to Notice]
? SUCH INFORMATION AS IS MADE
AVAILABLE ON OUR WEBSITE FOR THE
ONLINE SALE; AND
? THE BONHAMS CONDITIONS OF WEBSITE
USE. [Link to T&Cs]
References in this document to “Bonhams”, “we”
or “us” mean Bonhams 1793 Limited, Bonhams
& Butterfields Auctioneers Corporation, or (if
different) the other Bonhams Group company that
is conducting the relevant Sale and any successors
and assigns thereto. References herein to “you” and
“your” mean the person or entity registering to bid,
bidding or buying in an Online Sale. Where words and
phrases are used which are in the List of Definitions
at the end of these Terms and Conditions, they are
printed in italics.
A. OUR ROLE
A1. In its role as Auctioneer of Lots, Bonhams
acts solely for and in the interests of the Seller.
Bonhams’ role is to sell the Lot at the highest
price obtainable at the Sale to a Bidder.
Bonhams does not act for or give advice to
Buyers or Bidders in this role. The Contract
for Sale for a Lot is with the Seller and not
with Bonhams; Bonhams acts as the Seller’s
agent only (unless Bonhams sells the Lot as
principal). Bonhams undertakes no obligation
to Bidders or the Buyer to examine, investigate
or carry out any tests, either in sufficient depth
or at all, on each Lot to establish the accuracy
or otherwise of any Descriptions or opinions
given by Bonhams, or by any person on
Bonhams’ behalf, whether in the Catalogue
or elsewhere. Bidders and the Buyer should
not suppose that such examinations,
investigations or tests have occurred.
Bonhams does not make or agree to make
any representation of fact, and undertakes no
obligation or duty (whether in contract or tort)
in respect of the accuracy or completeness
of any statement or representation made by
Bonhams or on Bonhams’ behalf which is in
any way descriptive of any Lot or as to the
anticipated or likely selling price of any Lot. No
statement or representation by Bonhams or on
its behalf in any way descriptive of any Lot or
any Estimate is incorporated into our Buyer’s
Agreement.
A2. The Seller has authorised Bonhams to sell the
Lot as its agent on its behalf and, save where
expressly made clear to the contrary, Bonhams
acts only as agent for the Seller. If a Bidder
successfully bids for a Lot and buys it, at that
stage Bonhams enters into an agreement with
the Buyer on the terms set out in our Buyer’s
Agreement, at Appendix 2. Other than as set
out in our Buyer’s Agreement, Bonhams does
not owe or undertake or agree to any duty or
responsibility to the Buyer in contract or tort
(whether direct, collateral, express, implied or
otherwise).
A3. The Seller does not make or agree to make
any representation of fact or contractual
promise, guarantee or warranty and
undertakes no obligation or duty, whether in
contract or in tort (other than to the eventual
Buyer concerning the Catalogue Description),
in respect of the accuracy or completeness
of any statement or representation made
by him or on his behalf, which is in any way
descriptive of any Lot or as to the anticipated
or likely selling price of any Lot. Other than
as above, no statement or representation in
any way descriptive of a Lot or any Estimate
is incorporated into any Contract for Sale
between a Seller and a Buyer.
B. LOTS
B1. Subject to the Contractual Description printed
in bold or upper case letters in the Entry
about the Lot in the Online Sales Catalogue
(see Section C below), Lots are likely to be
second-hand, of varying condition, offered
for the purpose of display or appreciation as
objects only and are sold to the Buyer on an
“as is” basis, with all faults and imperfections.
Illustrations and photographs of any Lots are
for identification purposes only. A photograph
or illustration may not reflect an accurate
reproduction of the colour(s) or true condition
of the Lot. It is for you to satisfy yourself as to
each and every aspect of a Lot, including its
authorship, attribution, condition, provenance,
history, background, authenticity, style, period,
age, suitability, quality, roadworthiness (if
relevant), origin, value and Estimated selling
price (including the Hammer Price). Further
information about our Lot Descriptions and
limitations of Bonhams’ liability is set out in
Section L.2 below.
B2. It is your responsibility to take independent
advice about a Lot in which you are interested.
It should be remembered that the actual
condition of a Lot may not be as good as
that indicated by its outward appearance. In
particular, parts may have been replaced or
renewed and Lots may not be of satisfactory
quality; the inside of a Lot may not be visible
and may not be original or may be damaged,
as for example where it is covered by
upholstery or material. Given the age of many
Lots, they may have been damaged and/or
repaired and you should not assume that a Lot
is in good condition.
B3. Electronic or mechanical items or parts are
sold for their artistic, historic or cultural interest
and may not operate or may not comply with
current statutory requirements. You should
not, and must not, assume that electrical items
designed to operate on mains electricity will be
suitable for connection to the mains electricity
supply and you should obtain a report from
a qualified electrician on their status before
doing so. Such items which are unsuitable for
connection are sold as items of interest for
display purposes only.
B4. If you yourself do not have expertise regarding
a Lot, you should consult someone who does
to advise you.
C. DESCRIPTIONS OF LOTS AND ESTIMATES
C1. Contractual Description of a Lot. The
Online Sales Catalogue contains an Entry
about each Lot. Each Lot is sold by its
respective Seller to the Buyer of the Lot
as corresponding only with that part of the
Entry which is printed in bold or upper case
letters (except for the colour, which may be
inaccurately reproduced) in the Online Sales
Catalogue. The remainder of the Entry, which
is not printed in bold or upper case letters,
represents Bonhams’ opinion (given on behalf
of the Seller) about the Lot only and is not part
of the Contractual Description in accordance
with which the Lot is sold by the Seller.
C2. In most cases, an Estimate is printed beside
the Entry. Estimates are only an expression
of Bonhams’ opinion made on behalf of the
Seller of the range where Bonhams thinks the
Hammer Price for the Lot is likely to fall; it is
not an estimate of value. It does not take into
account any VAT or Buyer’s Premium payable
or any other fees payable by the Buyer, which
are detailed in paragraph 7 of the Notice to
Online Bidders. Prices depend upon bidding
and Lots can sell for Hammer Prices below
and above the Estimates, so Estimates should
not be relied on as an indication of the actual
selling price or value of a Lot. Estimates are in
the currency of the Sale.
C3. Lots in the Online Sale can be of varying ages
and with diverse histories of use and storage;
their condition can therefore vary considerably.
You may ask Bonhams for a Condition
Report on the Lot’s general physical condition.
If you do so, this will be provided by Bonhams
on behalf of the Seller free of charge. As this
is offered additionally and without charge,
Bonhams is not entering into a contract with
you in respect of the Condition Report and
accordingly does not assume responsibility
to you in respect of it, and you should refer
to Section L below for Bonhams’ exclusions
of liability concerning Lot Descriptions, online
images and Condition Reports.
C4. The Condition Report represents Bonhams’
reasonable opinion as to the Lot’s general
condition in the terms stated in the particular
report, and Bonhams does not represent or
guarantee that a Condition Report includes all
aspects of the internal or external condition of
the Lot. Neither does the Seller owe or agree
to owe you as a Bidder or Buyer any obligation
or duty in respect of this free report about a
Lot.
D. Registration
D1. In order to bid in an Online Sale, you must
be at least 18 years of age and you must
register to bid online. The registration page
can be accessed by clicking here. Standard
identification requirements are set out on the
Bonhams Website. Please note that you must
provide us with sufficient time to complete our
pre-registration checks and in any event you
must be registered at least one working day
prior to the start of any Online Sale or you may
not be able to bid online in that Sale.
D2. Registration will require the submission of
certain information about you. In the event
you have not satisfied our Bidder registration
ONLINE BIDDING TERMS AND CONDITIONS
NTB/ONLINE/TERMS&CONDITIONS/V1/4.2020
requirements, including but not limited to
any identification, anti-money laundering or
anti-Terrorism financing checks conducted
by us, we may at our discretion postpone or
cancel your registration, not permit you to bid
and/or postpone or cancel completion of any
purchase you may make at the Online Sale.
D3. Once you have registered you should keep
your account details strictly confidential and
you must not permit any third party to use
or access your account on your behalf or
otherwise. You will be liable for any and all bids
made via your account.
D4. If you are bidding on behalf of another party,
you agree:
(i) To provide such information as is requested by
us to allow us to complete our identification,
anti-money laundering and anti-Terrorism
checks on such other party; and
(ii) That if your bid is successful, you are jointly
and severally liable with that other party for the
full amounts owing for the successful bid.
D5. If you are bidding for a Company, you will
have to provide the Company identification
information set out in the Notice to Online
Bidders.
E. Forgeries
E1. We undertake a personal responsibility for any
Forgery in accordance with the terms of this
Section E.
E2. If we are satisfied that a Lot we have sold
to you is a Forgery we will (as principal)
purchase the Lot from you and you will
transfer the title to the Lot in question to us,
with full title guarantee, free from any liens,
charges, encumbrances and adverse claims,
in accordance with the provisions of Sections
12(1) and 12(2) of the Sale of Goods Act 1979
and we will pay to you an amount equal to the
sum of the Purchase Price, Buyer’s Premium,
VAT and Expenses paid by you in respect of
the Lot.
E3. This Section E applies only if:
(i) your name appears as the named person to
whom the original invoice was made out by us
in respect of the Lot and that invoice has been
paid; and
(ii) you notify us in writing as soon as reasonably
practicable after you have become aware that
the Lot is or may be a Forgery, and in any
event within one year after the Online Sale, that
the Lot is a Forgery; and
(iii) within one month after such notification has
been given, you return the Lot to us in the
same condition as it was at the time of the
Online Sale, accompanied by written evidence
that the Lot is a Forgery and details of the Sale
and Lot number sufficient to identify the Lot.
E4. This Section E will not apply in respect of a
Forgery if:
(i) the Entry in relation to the Lot contained in
the Online Sales Catalogue reflected the then
accepted general opinion of scholars and
experts or fairly indicated that there was a
conflict of such opinion or reflected the then
current opinion of an expert acknowledged to
be a leading expert in the relevant field; or
(ii) it can be established that the Lot is a Forgery
only by means of a process not generally
accepted for use until after the date on which
the Online Sales Catalogue was published
or by means of a process which it was
unreasonable in all the circumstances for us to
have employed.
E5. You authorise us to carry out such processes
and tests on the Lot as we in our absolute
discretion consider necessary to satisfy
ourselves that the Lot is or is not a Forgery.
E6. The benefit of this Section E is personal to,
and incapable of assignment by, you.
E7. If you sell or otherwise dispose of your interest
in the Lot, all rights and benefits under this
Section E will cease.
E8. This Section E does not apply to a Lot made
up of or including a Chinese painting or
Chinese paintings, a motor vehicle or motor
vehicles, a Stamp or Stamps or a Book or
Books.
F. Bidding in Online Sales
F1. Bidding on each Lot will open at or below
the low pre-sale Estimate specified in the
particulars for that Lot and will increase at the
increments provided as bidding on the Lot
progresses.
F2. Unless otherwise indicated, Lots will be
offered subject to a Reserve, which will be at
or below the Lot’s low pre-sale Estimate.
F3. Bids may only be submitted during the period
indicated for bidding on that Lot, ending
with Lot Closing in the manner explained in
paragraph 5 of the Notice to Online Bidders.
F4. Please note that the Online Sale is conducted,
and all bids must be made, in the currency
of the country in which the Online Sale is
based. All bidding increments will be in that
currency only and payment for any Lot that is
the subject of a successful bid must also be
made in the currency of the Online Sale. Any
currency conversion tool is provided on the
Online Bidding screen for your convenience
only.
F5. During an Online Sale, you can bid for a Lot
by clicking the Bid button. Each bid shall be
final and binding as soon as you click the Bid
button. You agree that each bid submitted
is irrevocable and cannot be amended or
corrected even if submitted in error and
notified to us. You accept full liability for all bids
submitted via your Online Bidding account
(including the liability to pay in full and on time
in accordance with the Bid Conditions for
any Lot that is the subject of a successful bid
submitted from your account).
F6. You will be notified by email if you are outbid
or your bid is below another bid already
accepted. In the event of a tie between bids
placed, the earlier bid received by our servers
shall be accepted.
F7. Unless cancelled by us pursuant to these
terms and conditions, the highest bid
submitted when the online Bidding for the Lot
closes (Lot Closing) shall be the successful
bid, thereby forming a binding contract for sale
between you and the Seller, at which point you
will be sent an invoice by Bonhams by email.
We will not notify you about Lots for which you
were not the successful Bidder.
F8. In the event of any discrepancy or dispute
about bidding or the sale of any Lot, the Sale
Record maintained on Bonhams’ servers shall
be final and binding.
F9. Please note that Bonhams reserves the right to
withdraw its permission for you to use Online
Bidding, terminate an Online Bidding account,
reject any bids made or restart bidding afresh
for a Lot, for any reason at any time prior to,
during or after a Sale.
F10. Bidding through an agent. Bids will be
treated as placed exclusively by and on behalf
of the person registered to bid. If you wish to
bid on behalf of another person (your principal)
you must complete the pre-registration
requirements set out above both on your own
behalf and with full details of your principal,
and we will require written confirmation from
the principal confirming your authority to bid.
G. Bidder and Buyer Warranties
G1. You warrant that neither you nor - if you are
a company, your directors, officers or your
owner or their directors or shareholders - are
an individual or an entity that is, or is owned or
controlled by individuals or entities that are:
(i) the subject of any sanctions administered
or enforced by the U.S. Department of the
Treasury’s Office of Foreign Assets Control, the
U.S. Departure of State, the United Nations
Security Council, the European Union, Her
Majesty’s Treasury, or other relevant sanctions
authority (“Sanctions” and a “Sanctioned
Party”); or
(ii) located, organised or resident in a country
or territory that is, or whose government is,
the subject of Sanctions, including without
limitation, Iran, North Korea, Sudan and Syria.
G2. You warrant that the funds being used
for your purchase have no link with criminal
activity including without limitation money
laundering, tax evasion or terrorist financing,
and that you not under investigation for,
neither have been charged nor convicted in
connection with, any criminal activity. You
also warrant that items purchased by you
through Bonhams are not being purchased
or to be used in any way connected with or
to facilitate breaches of applicable Tax, AntiMoney Laundering or Anti-Terrorism laws and
regulations.
G3. Where you are acting as agent for another
party (“your Principal”), you undertake and
warrant that:
(i) you have conducted suitable customer due
diligence into your Principal under applicable
Sanctions and Anti-Money Laundering laws
and regulations;
(ii) your Principal is not a Sanctioned Party and
not owned, partially owned or controlled by
a Sanctioned Party, and you have no reason
to suspect that your Principal has been
charged or convicted with, money laundering, Terrorism or other crimes;
(iii) funds used for your Principal’s purchase
are not connected with or derived from any
criminal activity, including without limitation
tax evasion, money laundering or terrorist
financing;
(iv) items purchased by your Principal through
Bonhams are not being purchased or to be
used in any way connected with or to facilitate breaches of applicable Tax, Anti-Money
Laundering or Anti-Terrorism laws and regu-
NTB/ONLINE/TERMS&CONDITIONS/V1/4.2020
lations; and
(v) that you consent to Bonhams relying upon
your customer due diligence, undertaking
to retain records of your due diligence for at
least 5 years and to make such due diligence
records available for inspection by an independent auditor in the event we request you
to do so.
G4. We reserve the rights to make enquiries about
any person transacting with us and to identify
the source of any funds received from you. In
the event we have not completed our investigations in respect of anti-Terrorism financing,
anti-money laundering or other financial and
identity checks concerning either you or the
Seller, to our satisfaction at our discretion, we
shall be entitled to retain Lots and/or proceeds
of Sale, postpone or cancel any Sale and to
take any other actions required or permitted
under applicable law, without liability to you.
H. CONTRACTS BETWEEN THE BUYER AND
SELLER AND THE BUYER AND BONHAMS
H1. On the Lot Closing, the Bidder with the highest
bid on that Lot will become the Buyer and a
Contract for Sale of the Lot will be entered into
between the Seller and the Buyer on the terms
of the Buyer’s Contract for Sale set out in
Appendix 1 to these Online Bidding Terms and
Conditions [Appendix 1]. The Buyer will be
liable to pay the Purchase Price, which is the
Hammer Price plus any applicable VAT or Sale
or use taxes and other applicable costs such
as Artists’ Resale Right where indicated (with
“AR”).
H2. At the same time, a separate contract is
also entered into between Bonhams as
Auctioneers and the Buyer. This is our Buyer’s
Agreement, the terms of which are set out in
Appendix 2 these Online Bidding Terms and
Conditions. [Appendix 2].
H3. Please read the terms of the Contract for
Sale and the Buyer’s Agreement in Appendix
1 and 2 to these Online Bidding Terms and
Conditions case you are the successful Bidder,
including the warranties as to your status and
source of funds. We may change the terms of
either or both of these agreements in advance
of their being entered into, by setting out
different terms on our Website or in the Online
Sales Catalogue. It is your responsibility to
ensure you are aware of the up to date terms
of these agreements for this Sale.
I. BUYER’S PREMIUM AND OTHER CHARGES
PAYABLE BY THE BUYER
I.1. Under the Buyer’s Agreement, a premium (the
Buyer’s Premium) is payable to Bonhams by
the Buyer in accordance with the terms of the
Buyer’s Agreement and at rates set out below,
calculated by reference to the Hammer Price
and payable in addition to it.
I.2. For this Online Sale the following rates of
Buyer’s Premium will be payable by Buyers on
each Lot purchased:
27.5% up to ?2,500 of the Hammer Price
25% of the Hammer Price above ?2,500 and
up to ?300,000
20% of the Hammer Price above ?300,000
and up to ?3,000,000
13.9% of the Hammer Price above
?3,000,000.
I.3. Storage and handling charges may also be
payable by the Buyer as detailed in the Online
Sales Catalogue for the appropriate Sale or on
our website.
I.4. The Buyer’s Premium and all other charges
payable to us by the Buyer are subject to VAT
at the prevailing rate, currently 20%. VAT may
also be payable on the Hammer Price of the
Lot, where indicated by a symbol beside the
Lot number. See paragraph 8 of the Notice
to Online Bidders for details
[Link to Notice].
I.5. On Lots marked “AR”, which are sold
for a Hammer Price of €1,000 or greater
(converted into the currency of the Sale
using the European Central Bank Reference
rate prevailing on the date of the Sale), the
Additional Premium will be payable to us by
the Buyer to cover our Expenses relating to the
payment of royalties under the Artists Resale
Right Regulations 2006. See paragraph 7 of
the Notice to Online Bidders for details
[Link to Notice].
J. AFTER THE SALE
J1. You will be sent an invoice if you have been
successful in your bidding and you may check
the results that are published by Bonhams
online after the Sale.
J2. You agree to pay for and collect any Lot that
is the subject of a successful bid submitted by
you or from your Online Bidding account, in
accordance with these Online Bidding Terms
and Conditions.
K. PAYMENT
K1. It is of critical importance that you ensure that
you have readily available funds to pay the
Purchase Price and the Buyer’s Premium (plus
VAT and any other charges and Expenses to
us) in full before making a bid for the Lot.
K2. If you are a successful Bidder, payment will be
due to us by 4.30 pm on the second working
day after the Sale. Payments made by anyone
other than the registered Buyer will not be
accepted. Bonhams Reserves the right to vary
the terms of payment at any time.
K3. Bonhams’ preferred payment method is
by bank transfer. You may electronically
transfer funds to our Bank Account. If you
do so, please quote your online paddle
number (referenced on your invoice) and
invoice number as the reference. Our Bank
Account details are as follows: Bank: National
Westminster Bank Plc Address: PO Box 4RY
250 Regent Street London W1A 4RY Account
Name: Bonhams 1793 Limited Trust Account,
Account Number: 25563009 Sort Code: 56-
00-27 IBAN Number: GB 33 NWBK 560027
25563009.
K4. If paying by bank transfer, the amount received
after the deduction of any bank fees and/
or conversion of the currency of payment to
pounds sterling must not be less than the
sterling amount payable, as set out on the
invoice.
K5. Payment may also be made by one of the
methods specified in the Notice for Online
Bidders, subject to the terms specified therein.
L. PROVISION OF ONLINE SALES AND
LIMITATIONS OF BONHAMS’ LIABILITY
L1. Any currency conversion tool is provided for
your convenience only and is an approximate
guide to the equivalent amount in the specified
currencies. You are therefore advised to
conduct your own research into the applicable
exchange rates prior to placing a bid. WE
DO NOT ACCEPT ANY RESPONSIBILITY
FOR ANY ERRORS THAT MAY OCCUR AS A
CONSEQUENCE OF RELIANCE UPON THE
CURRENCY CONVERSION TOOL.
L2. Bonhams Online Sales are provided on the
basis that you shall place bids on your own
behalf. In the event Bonhams agrees to place
a bid on your behalf in an Online Sale, we do
so as an additional service without charge, and
BONHAMS ACCEPTS NO RESPONSIBILITY,
DUTY OR LIABILITY WHATSOEVER,
WHETHER FOR NEGLIGENCE OR
OTHERWISE, IN THE PLACING OR FAILURE
TO PLACE SUCH BIDS.
L3. Lots offered for sale will vary in terms of age,
type and condition, with potential faults,
imperfections and repairs, and are offered for
Sale “AS IS” in their condition as at the time
of sale. Lot Descriptions reflect Bonhams’
reasonable opinion within the terms on which
they are provided, are provided for general
reference and do not purport to be and may
not be taken as complete descriptions of
the Lot. Lot Descriptions and Condition
Reports may contain inaccuracies and
typographical errors and we do not warrant
the accuracy or completeness of the content
or that any defects will be noted or corrected.
Condition Reports represent our reasonable
opinion (recognising we are not restorers
or conservators) and are intended to offer a
general view as to the overall condition of the
Lot but may not cover all condition issues.
Online images depend on connectivity and
performance of computer equipment and may
not accurately represent the Lot’s colours
and shades. WITH THE EXCEPTION OF
THE FORGERY GUARANTEE IN SECTION
E, BONHAMS DOES NOT OFFER ANY
WARRANTY OR GUARANTEE FOR LOT
DESCRIPTIONS, CONDITION REPORTS,
MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, ATTRIBUTION,
AUTHENTICITY OR PROVENANCE, AND ANY
IMPLIED WARRANTIES ARE EXCLUDED TO
THE FULLEST EXTENT PERMISSIBLE BY
LAW.
L4. Bonhams reserves the right, in our sole
discretion, to correct any errors or omissions
in any portion of the Online Sale and to make
any changes to the features, functionality or
content of the Online Sale at any time. APART
FROM IN RESPECT OF THE FORGERY
GUARANTEE IN SECTION E AND OTHER
THAN IN THE EVENT OF ITS FRAUD OR
FRAUDULENT MISREPRESENTATION,
BONHAMS EXCLUDES LIABILITY WHETHER
IN NEGLIGENCE OR OTHERWISE FOR ANY
ERROR OR OMISSION IN ANY DESCRIPTION
OF A LOT OR ANY ESTIMATE IN RESPECT
OF ANY LOT OR THE CONTENTS OF ANY
CONDITION REPORT OR OTHERWISE,
WHETHER GIVEN ORALLY OR IN WRITING
AND WHETHER GIVEN BEFORE, DURING
OR AFTER THE SALE. This disclaimer and
exclusion do not affect your statutory rights as
a Consumer.
L5. NEITHER BONHAMS NOR THE SELLER WILL
BE LIABLE FOR ANY LOSS OF BUSINESS,
PROFITS, REVENUE OR INCOME, OR
FOR LOSS OF REPUTATION, OR FOR
DISRUPTION TO BUSINESS OR WASTED
TIME ON THE PART OF MANAGEMENT
OR STAFF, OR FOR INDIRECT LOSSES
OR CONSEQUENTIAL DAMAGES OF ANY
KIND, IRRESPECTIVE IN ANY CASE OF
THE NATURE, VOLUME OR SOURCE OF
THE LOSS OR DAMAGE ALLEGED TO
BE SUFFERED, AND IRRESPECTIVE OF
WHETHER THE SAID LOSS OR DAMAGE IS
CAUSED BY OR CLAIMED IN RESPECT OF
ANY NEGLIGENCE, OTHER TORT, BREACH
OF CONTRACT (IF ANY) OR STATUTORY
DUTY, RESTITUTIONARY CLAIM OR
OTHERWISE.
L6. Without prejudice to the provisions of this
Section L, in any circumstances where
Bonhams and/or the Seller is liable in relation
to any Lot or any Description or Estimate
made of any Lot, or the conduct of any Sale in
relation to any Lot, whether in damages, for an
indemnity or contribution, or for a restitutionary
remedy or otherwise, our and/or the Seller’s
liability (combined, if both we and the Seller
are liable) will be limited to payment of a sum
which will not exceed by way of maximum
the amount of the Purchase Price of the Lot
irrespective in any case of the nature, volume
or source of any loss or damage alleged
to be suffered or sum claimed as due, and
irrespective of whether the liability arises from
any negligence, other tort, breach of contract
(if any) or statutory duty or otherwise.
L7. Nothing contained in this Section L will be
construed as excluding or restricting (whether
directly or indirectly) Bonhams or the Seller’s
liability or excluding or restricting any person’s
rights or remedies in respect of (i) fraud, or (ii)
death or personal injury caused by Bonhams
or the Seller’s negligence (or by the negligence
of any person under our control or for whom
we are legally responsible), or (iii) acts or
omissions for which we are liable under the
Occupiers Liability Act 1957, or (iv) any other
liability to the extent the same may not be
excluded or restricted as a matter of law or
(v) our undertakings under paragraphs 9 (in
relation to specialist Stamp or Book Sales only)
and 10 of the Buyer’s Agreement. The same
applies in respect of the Seller, as if references
to us in this paragraph were substituted with
references to the Seller.
L8. If you choose to participate in Bonhams’
Online Sales, you do so entirely at your own
risk. Bidding in Online Sales is dependent
upon, among other things, your own
equipment and the availability, speed and
quality of internet connections provided by
third party operators and suppliers, for which
Bonhams accepts no responsibility or liability
whatsoever.
L9. Bonhams reserves the right to provide any
information from the Website or from its use
to respond to requests from governmental or
other bodies with jurisdiction or to meet the
requirements of any applicable law, regulation
or Bonhams policy.
L10. In addition to any other rights we may
have at law, Bonhams reserves the right,
at our discretion and without liability to
you, to restrict, suspend or terminate your
participation in any of Bonhams’ Online Sales
in the event of your breach of the Conditions
of Sale, or your provision of false or misleading
information, or in the event of any interference
by you with the administration or smooth
operation of the Website.
L11. BONHAMS AND ITS SUPPLIERS PROVIDE
THE ONLINE SALE AND THE BONHAMS
WEBSITE “AS IS” AND WITHOUT ANY
WARRANTY OR CONDITION, EXPRESS,
IMPLIED OR STATUTORY. WITHOUT LIMITING
THE FOREGOING, WE ACCEPT NO LIABILITY
FOR ANY FAILURES, DELAYS OR ERRORS
CAUSED BY INTERRUPTIONS IN THE
AVAILABILITY OF THE ONLINE SALE OR OUR
WEBSITE OR ANY ERRORS OR DEFECTS IN
THEIR CONTENT OR FUNCTIONALITY, ANY
SOFTWARE AND/OR HARDWARE DEFECTS
(WHETHER YOURS OR OURS) AND/OR
ANY INTERNET CONNECTION PROBLEMS
(WHETHER YOURS OR OURS), AND WE DO
NOT REPRESENT OR WARRANT THAT THE
ONLINE SALE OR THE WEBSITE WILL BE
ERROR-FREE, FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS, OR THAT ANY
DEFECTS WILL BE CORRECTED.
M. MISCELLANEOUS
M1. You may not assign either the benefit or
burden of this agreement.
M2. Bonhams’ failure or delay in enforcing or
exercising any power or right under this
agreement will not operate or be deemed
to operate as a waiver of our rights under it
except to the extent of any express waiver
given to you in writing. Any such waiver will
not affect our ability subsequently to enforce
any right arising under this agreement.
M3. If either party to this agreement is prevented
from performing that party’s respective
obligations under this agreement by
circumstances beyond its reasonable control
or if performance of its obligations would
by reason of such circumstances give rise
to a significantly increased financial cost
to it, that party will not, for so long as such
circumstances prevail, be required to perform
such obligations. This paragraph does not
apply to the obligations imposed on you
by Sections D (Registration), F (Bidding), G
(Warranties) and K (Payment).
M4. Any notice or other communication to be
given under this agreement must be in writing
and may be delivered by hand or sent by
first class post or air mail or fax transmission
(if to Bonhams marked for the attention of
the Company Secretary), to the address
or fax number of the relevant party given
in the Contract Form (unless notice of any
change of address is given in writing). It is the
responsibility of the sender of the notice or
communication to ensure that it is received in a
legible form within any applicable time period.
M5. If any term or any part of any term of this
agreement is held to be unenforceable or
invalid, such unenforceability or invalidity will
not affect the enforceability and validity of
the remaining terms or the remainder of the
relevant term.
M6. References in this agreement to Bonhams
will, where appropriate, include reference to
Bonhams’ officers, employees and agents.
M7. The headings used in this agreement are
for convenience only and will not affect its
interpretation. Words and phrases shown
in italics shall have the meanings ascribed in
the Definitions Section of the Notice to Online
Bidders, unless otherwise specified.
M8. In this agreement “including” means “including,
without limitation”.
M9. References to the singular will include
reference to the plural (and vice versa) and
reference to any one gender will include
reference to the other genders.
M10. Reference to a lettered or numbered section or
paragraph is to a section or paragraph of this
agreement, unless otherwise specified.
M11. Save as expressly provided in paragraph M12
nothing in this agreement confers (or purports
to confer) on any person who is not a party to
this agreement any benefit conferred by, or the
right to enforce any term of, this agreement.
M12. Notwithstanding the previous paragraph,
where this agreement confers an immunity
from, and/or an exclusion or restriction of, the
responsibility and/or liability of Bonhams, it
will also operate in favour and for the benefit
of Bonhams’ holding companies and the
subsidiaries of such holding companies and
the successors and assigns of Bonhams
and of such companies and of any officer,
employee and agent of Bonhams and such
companies, each of whom will be entitled to
rely on the relevant immunity and/or exclusion
and/or restriction within and for the purposes
of Contracts (Rights of Third Parties) Act 1999,
which enables the benefit of a contract to be
extended to a person who is not a party to the
contract, and generally at law.
M13. Copyright in all images in the Online Sales
Catalogue is owned by Bonhams and/
or other parties, including texts, layouts
and illustrations; these may not be used
or reproduced by you in any way without
Bonhams’ written permission. Lots are
not offered for sale with copyright or other
reproduction rights.
N. CHANGES TO THESE TERMS AND
CONDITIONS
N1. We may from time to time make changes to
these terms and conditions. Any changes will
be posted on our website at https://www.
bonhams.com. Please review these terms and
conditions regularly to ensure you are aware
of any changes made by us. If you participate
in our Online Sales after changes have been
made and posted, you shall be deemed to
have agreed to such changes.
O. GOVERNING LAW
O1. All transactions to which this agreement
applies and all connected matters will be
governed by and construed in accordance
with the laws of England and we and you
each submit to the exclusive jurisdiction of
the courts of England, save that we may
bring proceedings against you (including
but not limited to enforcing payment) in any
other court of competent jurisdiction to the
extent permitted by the laws of the relevant
jurisdiction.
P. EU CONSUMER CANCELLATION RIGHTS
P1. Right to Cancel the Purchase. If you are
a Consumer in accordance with the EU
Consumer Rights Directive and habitually
reside in the European Union, and the Seller
is not a Consumer (as identified in the Online
Sales Catalogue), you have the right to cancel
the contract for the purchase of a Lot, without
giving any reason. Sellers who are Consumers
will be identified as private individuals in the
entry for the Lot.
P2. The cancellation period will expire 14 calendar
days from the day after the date on which
you, or a third party (other than the carrier
and indicated by you) acquires, physical
possession of the Lot.
P3. To exercise the right to cancel you must inform
Bonhams, who are offering to sell the Lot
either as agent for the Seller or as the owner
of the Lot, of your decision to cancel this
contract by a clear statement (e.g. by post or
e-mail). You may use the model cancellation
NTB/ONLINE/TERMS&CONDITIONS/V1/4.2020
forms set out in paragraph P6 below, but this
is not obligatory. To meet the cancellation
deadline, it is sufficient for you to send your
communication concerning your exercise of
the right to cancel before the cancellation
period has expired.
P4. Effects of cancellation
(i) If you cancel the contract, we will reimburse to
you all payments received from you, including
the costs of delivery but not any extra costs
arising if you chose a type of delivery other
than the least expensive type of standard
delivery offered by us; or any import duties we
incur as a result of you returning the Lot to us.
(ii) We may make a deduction from the
reimbursement for loss in value of any Lots
supplied, if the loss is the result of unnecessary
handling by you.
(iii) We will make the reimbursement without
undue delay, and not later than: 14 calendar
days after the day we receive back from you
any Lot supplied; or (if earlier) 14 calendar days
after the day you provide evidence that you
have returned the Lot.
(iv) We will make the reimbursement using the
same means of payment as you used for the
initial transaction, unless you have expressly
agreed otherwise (but reimbursement will
always be to an account solely in your name);
in any event, you will not incur any fees as a
result of the reimbursement. We may withhold
reimbursement until we have received the Lot
back or you have supplied evidence of having
sent back the Lot, whichever is earliest.
(v) You shall send back the Lot or return it over
to us at such address as we may specify for
the purpose, without undue delay and in any
event not later than 14 calendar days from
the day after on which you communicate your
cancellation from these Conditions of Sale to
us.
(vi) The deadline is met if you send back the Lot
before the period of 14 calendar days has
expired.
(vii) You will have to bear the direct costs of
returning the Lot. If we arranged for the Lot
to be delivered we Estimate that the cost
returning the Lot by the same means is likely
to be similar to the cost of delivery, but it is not
possible for us to be more accurate as to this
cost due to the many variables involved in our
worldwide business model and the means by
which a return might be made.
(viii) You are only liable for any diminished value of
the Lot resulting from the handling other than
what is necessary to establish the nature,
characteristics and functioning of the Lot.
P5. Right to cancel the contract for services.
If you are a Consumer in accordance with the
EU Consumer Rights Directive and habitually
live in the European Union, and we have notified you that you are purchasing the Lot from
a Consumer, you have the right to cancel
the contract for services Bonhams provides
to you in connection with your purchase of
a Lot, but not to cancel the contract for the
purchase of the Lot itself. Bonhams’ services
consist of: the opportunity to participate in the
Online Sale, to be introduced to Lots for Sale
which may be of interest, to view images and
other information about such Lots, and any
delivery service for any Lot which you purchase and which is to be delivered pursuant
to an agreement with Bonhams).
(i) You have the right to cancel the contract for
this service within 14 calendar days from the
day of conclusion of the contract, without
giving any reason.
(ii) The cancellation period will expire after 14
calendar days from the day of the conclusion
of the contract.
(iii) To exercise the right to cancel you must inform the Bonhams company which offers to
sell the Lot either as agent for the Seller or as
the owner of the Lot, of your decision to cancel this service by a clear statement (e.g. by
post or e-mail). You may use the model cancellation form set out in paragraph P7 below,
but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send
your communication concerning your exercise
of the right to cancel before the cancellation
period has expired.
(iv) You request Bonhams immediately to begin
the performance of its services (including
any agreed arrangements for delivery) during
the cancellation period described above. If
you cancel this contract, we will reimburse
to you any payments received from you in
respect of the service. However, since you
have requested us to begin the performance
of services during the cancellation period, you
shall pay us an amount which is in proportion
to what has been performed until you have
communicated us your cancellation from this
contract, in comparison with the full coverage
of the contract.
NTB/ONLINE/TERMS&CONDITIONS/V1/4.2020
P6. Model form of cancellation –
Purchase of the Lot
To: Bonhams [insert the name of the company within the Bonhams Group which
offers to sell the Lot and whose contact details are set out in the Online Sales
Catalogue (these details will be sent to you by email following the Sale and/or with
the delivery of the Lot]:
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of Sale of the
following goods [*], Ordered on [*]/received on [*],
Name of Consumer(s),
Address of Consumer(s),
Signature of Consumer(s)
(only if this form is notified
on paper), Date
[*] Delete as appropriate
P7. Model form of cancellation –
Provision of the services
To: Bonhams [insert the name of the company within the Bonhams Group which
offers to sell the Lot and whose contact details are set out in the Online Sales
Catalogue (these details will be sent to you by email following the Sale and/or with
the delivery of the Lot]:
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract/for the provision of
the following service [*], Ordered on [*]/received on [*],
Name of Consumer(s),
Address of Consumer(s),
Signature of Consumer(s)
(only if this form is notified
on paper), Date
[*] Delete as appropriate
Q. DEFINITIONS AND GLOSSARY
The Definitions and Glossary set out at the end
of the Notice to Online Bidders [Link to Notice]
apply to terms in italics in these On-line
Bidding Terms and Conditions, including the
Contract for Sale at Appendix 1 and the
Buyer’s Agreement at Appendix 2.
NTB/ONLINE/TERMS&CONDITIONS/V1/4.2020
