Terms & Conditions

Please find all information relating to PFK Auctioneers terms and conditions below. Select the relevant area of interest to see the full details, and then drop down the section using the arrow on the green box. 

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Buying- Terms & Conditions

Terms & Conditions for Buyers

Cataloguing

Penrith Farmers’ & Kidd’s (subsequently referred to as PFK) take care to ensure the accuracy of statements given regarding authorship, attribution, origin, date, age, provenance and condition of any lot. However, it should be noted that such a statement should be regarded as an opinion only. Furthermore it should be noted that:

  • Pictures have not been removed from their frames unless this is specifically mentioned in the condition report.
  • Books are not sold subject to collation
  • Gold and silver articles are only catalogued as such if they bear a full set of UK hallmarks in compliance with the Hallmarking Act 1973. Items not bearing such marks are sold are white or yellow metal
  • All upholstered goods made post 1950 sold in our auctions comply with Furniture and Furnishings (Fire Safety) Regulations 1988

When bidding, you acknowledge that you are fully satisfied as to the attribution and condition of the lot, following the legal principle of ‘caveat emptor’. Neither PFK nor the Vendor, from whom PFK act as agents only, give any warranty whatsoever in respect of any lot. Refunds and returns are only accepted in certain circumstances, see point 17 for details.

Picture Cataloguing Terms

Full Attribution: In our opinion, a work by the artist

Attributed to: In our opinion, probably a work by the artist

Circle of: In our opinion, a work by an artist closely associated with the named artist

Style of: In our opinion, a work by an artist in the style of the named artist but not with any direct connection to the named artist

Manner of: In our opinion, a work loosely in the style of the named artist and of a later date

After: In our opinion, a copy of a known work by the named artist

Please note that all mechanical items (any item with moving parts),  e.g. clockwork items, clocks and watches, barometers, musical items, firearms, electrical items, etc, may need attention, and are sold as seen.

Condition Reports

PFK take care to ensure the accuracy of statements given regarding authorship, attribution, origin, date, age, provenance and condition of any lot. However, it should be noted that such a statement should be regarded as an opinion only. Any statements, conditions or descriptions in the catalogue or elsewhere are subject to any qualifying or modifying statement made by the auctioneer from the rostrum prior to any bid being accepted for any lot. Absentee bidders will be informed of changes wherever possible.

Bidding

Prospective buyers need to register with us, giving their full name, address, contact telephone number(s) and email address and will be issued with a unique paddle number. This number should be used to indicate your bids to the Auctioneer during the sale. If successful, the bidder must ensure that their number can be seen by the Auctioneer 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.

Absentee Bidding

PFK are pleased to execute absentee commission or telephone bids, as cheaply as reserves and other bids allow, at the request of the bidder. Such bids may be placed in writing, by e-mail, or telephone, prior to the morning of sale. PFK endeavour to execute bids received on sale day, but telephone and commission bids received less than 30 minutes prior to commencement of the sale are accepted at the discretion of PFK staff, as are bids received during the sale. For this reason, bidders are strongly advised to place bids by the end of the day prior to sale. The placing of a bid indicates that the buyer has read and fully understood these terms and conditions, and is satisfied as to the condition of the lot(s) concerned. All questions should be resolved before bidding. As a legal contract, bids may not be retracted after the lot is sold. PFK retain the right to refuse bids, and to withdraw any lots from the sale at the request of the vendor or at PFK’s own discretion whenever necessary and without prior notice. PFK cannot accept responsibility for any expense incurred by any intending purchaser of any lot so withdrawn. Buyers in any doubt should contact the auctioneers before the sale.

 Bidding via The-Saleroom.com

In completing the bidder registration on www.the-saleroom.com and providing your credit card details and unless alternative arrangements are agreed with Penrith Farmers & Kidds you:

(i) authorise Penrith Farmers & Kidds, if they so wish, to charge the credit card given in part or full payment, including all fees, for items successfully purchased in the sale via the-saleroom.com, and

(ii) confirm that you are authorised to provide these credit card details to Penrith Farmers & Kidds through www.the-saleroom.com and agree that Penrith Farmers & Kidds are entitled to ship the goods to the cardholder name and cardholder address provided in fulfilment of the sale.

Telephone Bids

These are undertaken by PFK at the risk of the bidder, subject to a line being pre-booked and the bidder being obtainable on the given number at the time of sale. PFK take no responsibility for missed or engaged calls or incorrectly-dictated telephone numbers. Telephone bidders are advised to consider leaving a “back-up bid” so that staff can still bid if the line is unobtainable.

Buyer’s Premium

Commission Charges You will pay a premium of 18% of the hammer price of your purchase on each lot plus VAT.

Value Added Tax

Lots on which the buyer may have to pay VAT on the ‘hammer price’ are indicated in the catalogue with a symbol. The buyer must pay this VAT at the rates that apply on the day of the auction.

Auctioneers Margin Scheme

This scheme allows auctioneers to sell items without VAT on the hammer price. The buyer then pays an amount equivalent to VAT. This amount cannot be refunded and is not shown separately on the invoice.

Payment

Purchases must be paid for prior to removal from the saleroom, without exception. Payment may be made by cash, cheque, personal/private debit card, credit card & business debit cards and BACS.

For BACS payments our account details are:

Bank: Barclays, Penrith

Account Name: Penrith Farmers & Kidds Furniture

Account Number: 80746622

Sort Code: 206697

IBAN: GB54BARC 206697 80746622

BIC/SWIFT: BARC GB22

 Card Payment Terms – Fraud Prevention

Please note that for card payments not made in person, we operate a £500 limit for UK card holders and a £100 limit for overseas card holders. For invoices above these limits, we request Bank Transfer payments.

Money Laundering

We comply with money laundering legislation and will only accept cash payments to a limit of the sterling equivalent on date of sale of €10,000.  

Reserves

All lots are put up for sale subject to any reserve price imposed by the vendor, which shall be no higher than the lower estimate.

Legal Title

Full legal title passes to the purchaser only on payment in full of the purchase price, but every lot is at the sole risk of the purchaser from the fall of the hammer.

Disputes

The highest bidder shall be the buyer. Bids cannot be retracted. If any dispute arises, PFK shall have the discretion to settle it and resell any disputed lot. The successful bidder, whether bidding for himself or for a third party, is entirely responsible for paying for the lots they have bought in accordance with PFK’s terms of business. The auctioneer reserves the right to bid on behalf of the vendors for any lot and to withdraw, consolidate or divide any lot or lots.

Refunds

Buyers seeking compensation will only be refunded upon fulfilment of the following conditions: (a) Notification in writing within seven days that the lot:   (i) is a deliberate forgery, copy or reproduction, or   (ii) has been grossly misrepresented in the catalogue description by PFK, or   (iii) the condition of the lot has been grossly misrepresented in the condition report prepared by PFK. (b) Proof to that effect, in writing, from an independent and mutually agreeable reputable authority within fourteen days, the burden of proof resting solely upon the purchaser. The vendor, for whom PFK act as agent only, and the purchaser agree to be bound by PFK’s decision in this case.  PFK will not refund a sale if a condition report was not sought by the buyer.

Droit de Suite Royalty Charges (also known as ‘Artists Resale Right’)

A work of art by a living artist, or those who have died within the last 70 years, which sells for more than the UK sterling equivalent of €1,000 (exchange rate as calculated at the date of sale) will incur a royalty charge. We pass this payment onto the Design and Artists Copyright Society (DACS), and do not charge a handling fee. Buyers can calculate royalty charges on the DACS website.

Items marked in the catalogue will potentially incur royalty payments.

The royalty charge is added to invoices, and must be paid before purchases are removed.

Postage & Packing

We offer a packing service for most items. We endeavour to pack items safely and appropriately and dispatch them by a choice of couriers as preferred by the buyer. This service is provided at the sole risk of the buyer, and they should ensure adequate insurance and provide accurate instructions. PFK will pass on the cost of postage plus sufficient funds to cover time and materials as appropriate to each case. Absentee buyers should obtain estimates before bidding and exact quotes once the items are purchased and packed.

Unpaid invoices/Defaulting buyers

If, after fourteen days items have not been paid for and removed by the purchaser they may be subject to additional storage charges at PFK’s discretion. If, after thirty days, items are uncollected and remain unpaid for, PFK reserve the right to re-sell such items, by auction or by private treaty and without further notice, with any loss arising from such re-sale, together with the charges and expenses relating to both sales, to be borne by the original (defaulting) buyer. Any money deposited in part-payment shall be held by PFK on account of any liability of the defaulter to them

Paid but uncollected goods

If, after fourteen days items have been paid for by remain uncollected but the purchaser and arrangements have not been made, they may be subject to additional storage charges at PFK’s discretion.

Governing Law

All PFK Terms and Conditions are governed by and subject to UK legislation. PFK has a complaints procedure.

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