Terms & Conditions

These terms and conditions apply to every auction conducted by The Auction House North Shields Ltd, 178 Tynemouth Road, Tynemouth, North Shields, Tyne & Wear, NE30 1EG. By registering to bid, or by consigning goods for sale, you agree to be bound by them. They are the binding version of the practical guidance in our buying guide and selling guide — where wording differs, these terms prevail.

General conditions of sale

1. Definitions

In these Conditions, “The Auction House North Shields Ltd” is referred to as “we”, “us” or “our”. The individual conducting the auction is the Auctioneer.

• Lot(s) — the items offered for sale at auction.
• Buyer — the highest bidder for a Lot, as determined by the Auctioneer.
• Prospective Buyer — any person expressing interest in purchasing a Lot.
• Hammer Price — the final price bid for a Lot, as confirmed by the Auctioneer.
• Buyer’s Premium — a percentage of the Hammer Price, added to the Hammer Price and payable to us, as set out in clause 15.
• Sale — the purchase of a Lot by the Buyer from the Seller; the Day of Sale is the date on which the auction of a Lot takes place.
• View Day(s) — the days determined at our discretion for Prospective Buyers to view the Lots.
• Condition Report — a report on the condition of a Lot, available on request as described in clause 9.
• Auctioneers’ Margin Scheme — the scheme described in clause 38.

2. Agency

We act as agents for the Seller, whose details remain confidential. If you buy at auction, your contract is with the Seller, not us. We are not responsible for any default by the Buyer or the Seller.

3. Attribution and condition of Lots

While we strive for accuracy in any statements regarding authorship, origin, condition and other attributes of a Lot, these are opinions only. By bidding, the Buyer confirms they are satisfied with the Lot’s condition and attribution. We do not provide warranties or guarantees regarding any Lot’s condition or authenticity.

Forgery. If a Lot is found to be a deliberate forgery, the Buyer may return it within 21 days of the Sale, provided the item is in the same condition and is accompanied by supporting evidence. A refund will be given unless the catalogue description or Condition Report reflected the consensus of scholars at the time of the sale, or the Buyer cannot transfer good title.

4. Liability

Nothing in these Conditions limits our liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for breach of terms implied by the Supply of Goods and Services Act 1982. In all other cases, our liability to the Buyer or Seller will not exceed the Lot’s sale price.

5. Disputes

Any dispute not covered by these Conditions will be resolved at our sole discretion. If a dispute arises over bidding, the Auctioneer has sole discretion to settle the matter.

6. General

We reserve the right to refuse admission to the premises or participation in any auction. We will not be liable for delays caused by circumstances beyond our control. These Conditions constitute the entire agreement, superseding any prior agreements, and may only be modified in writing. These Conditions are governed by the laws of England, and any disputes will be resolved by the courts of England.

7. VAT

We do not charge VAT. No VAT is added to the Hammer Price, the Buyer’s Premium, or any of our commissions, fees or charges.

Buyer’s terms

8. Registration

Prospective Buyers must register before the sale — through our online bidding platform or in person at the saleroom — providing full name, address and contact details. Proof of identity is required for first-time buyers. A bidder number will be issued on registration.

9. Condition Reports

We are happy to provide Condition Reports to Prospective Buyers, but would welcome your request as soon as possible, preferably at least 48 hours before the Day of Sale. We cannot guarantee a reply to requests made within 48 hours of the start of the auction. The absence of a Condition Report from a lot does not mean that the lot is in perfect condition. A Condition Report is an honest expression of our opinion, not a statement of fact, and is provided as a service to the Seller. All lots are available for public view ahead of an auction, and we encourage Prospective Buyers to inspect an item in person where possible — see viewing times. Our Condition Reports are not prepared by professional conservators, restorers or engineers, and are prepared with the naked eye unless otherwise stated. Works are not examined out of the frame unless specifically stated. We accept no liability for the opinions expressed in any Condition Report.

We do not cover damage to gilded wood or plaster picture frames, or to picture frame glass, whilst an item is in our possession.

10. Caveat emptor

The principle of caveat emptor — “let the buyer beware” — applies to the sale of all goods sold at auction by us. We have no control over the condition of any item offered for sale.

11. Additional images

Requests for additional images of items in the sale can be made up to 48 hours before the Day of Sale.

12. Telephone bidding

Telephone bidding is available on selected Lots, subject to a minimum lot value, limited line availability and an advance booking deadline. Lines are allocated on a first-come, first-served basis. The current minimum lot value, line capacity and booking deadline are published in our buying guide — see ways to bid — and those published arrangements apply to all telephone bids placed under these Conditions. Telephone bidding is offered as a free service and is undertaken entirely at the Prospective Buyer’s risk.

13. Absentee bidding

Whilst reasonable endeavours will be made to execute absentee bids up to the Day of Sale, we will not be liable for any default or neglect in connection with this service. All such arrangements are made entirely at the Prospective Buyer’s risk.

14. Anti-money-laundering checks

We conduct appropriate due-diligence checks to comply with current anti-money-laundering regulations for any Buyer whose invoice exceeds £1,000. This may include two forms of identification (photographic ID plus proof of address) and, where required, evidence of source of funds. We reserve the right to withhold purchased lots until such checks have been completed.

15. Buyer’s Premium

A Buyer’s Premium of 17% of the Hammer Price is payable on every Lot, whatever the payment method.

Payment & collection

16. Payment

Payment must be in pounds sterling and is accepted by cash up to £1,000, debit or credit card, or bank transfer. Card payments where the cardholder is not present will only be accepted for transactions up to £500. Payment can be made and purchases collected at the end of the auction.

All accounts must be settled within 5 days of the sale. Accounts not settled within 5 days will automatically be subject to an interest charge of 5% above the base rate, accruing from the day after the 5-day deadline until payment is received in full.

Bank transfers should be sent to:

Bank	Lloyds Bank PLC
Account name	The Auction House North Shields Ltd Auctioneers Client account
Sort code	30-54-66
Account number	31281268
IBAN	GB19LOYD30546631281268
Swift/BIC	LOYDGB21F95

17. Transfer of risk

Risk in the Lot passes to the Buyer upon completion of the Sale by the Auctioneer. The Buyer is considered to have inspected each Lot and satisfied themselves as to its condition.

18. Ownership

Ownership of a Lot does not transfer to the Buyer until payment has been made to us in full and applied to that Lot.

19. Collection and storage

Purchases must be collected within 7 days of the sale. We are open for collections by appointment Tuesday to Friday, between 9:30am and 3:30pm. Saturday collections between 9:30am and 11:30am, STRICTLY BY APPOINTMENT.

Furniture, carpets, clocks and larger works of art will remain at our premises for seven days following the sale; after this period they will be moved to storage, and collection must be arranged in advance. Storage charges apply to all Lots not collected within seven days of the Sale: a handling fee of £5 per Lot plus a storage charge of £5 per Lot per day. Lots may not be collected until these charges are paid in full, without set-off or deduction.

20. Delivery and shipping

We offer a local delivery service, and can recommend a shipper for national and international deliveries. Details, pricing and our import/customs policy are set out on our Delivery & Shipping page.

Artist’s Resale Right (Droit de Suite)

21. The royalty

Since 14 February 2006, United Kingdom art market professionals (including auctioneers) have been required to collect a royalty payment on works of art produced by living artists, and by artists who have died within the last 70 years, where the work sells for a Hammer Price of more than £1,000. Qualifying Lots are not marked in the catalogue; it is the Buyer’s responsibility to establish whether a royalty applies to a Lot. If you would like to confirm whether a particular Lot qualifies, please ask us before the sale. The royalty is added to the purchase invoice and must be paid before items can be cleared. All royalty charges are paid in full to either the Design and Artists Copyright Society (“DACS”) or the Artists’ Collecting Society (“ACS”); we retain no handling costs or additional fees.

The royalty for qualifying items is charged on a sliding scale (subject to change — please refer to the DACS website before purchase):

Portion of Hammer Price	Royalty rate
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%

There is no VAT payable on this royalty. For further information, visit www.dacs.org.uk or www.artistscollectingsociety.org.

Catalogue glossary & category disclaimers

22. Picture descriptions

The forename(s) (or asterisks where not known) and surname of the artist indicate, in our opinion, a work by the artist named. The initials of the forename(s) and the surname of the artist indicate, in our opinion, a work of the period of the artist which may be wholly or in part their work. The following terms apply in our picture descriptions:

• “Attributed to” — in our opinion, probably a work by the artist.
• “Studio of” — in our opinion, a work from the studio of the artist which may or may not have been executed under their direction.
• “Circle of” — in our opinion, a work of the period of the artist executed under their immediate influence.
• “Follower of” — in our opinion, a work by a painter working in the artist’s style, contemporary or nearly contemporary, but not necessarily their pupil.
• “Manner of” — in our opinion, a work in a style related to that of the artist, but of a later date.
• “School” accompanied by the name of a place or country and a date — in our opinion, the picture was executed at that time and in that location; e.g. Flemish School, 17th century.
• “After” an artist — in our opinion, a copy of any date after a work by that artist.
• “Signed and/or dated and/or inscribed” — in our opinion the signature, date or inscription is from the hand of the artist.
• “Bears signature and/or date and/or inscription” — in our opinion the artist’s name, date or inscription has been added by another hand.
• All references to signatures, inscriptions and dates refer to the present state of the work.
• Dimensions are given as height before width and do not include the frame. Pictures are framed unless otherwise stated.

23. Watches

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 watches before any Sale and 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.

24. Vehicles and motorbikes

All Lots are sold as seen. We do not accept any responsibility for repairs, defects or restorations of any such item. We have not carried out inspections or testing, 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 or warranty as to the condition of any vehicle or motorcycle.

25. Post-1950 furniture

Some furniture offered for sale 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 its compliance with those Regulations.

26. Export, CITES and the Ivory Act 2018

CITES-restricted items and ivory-exempt items will be accompanied by a current CITES Article 10 licence or Ivory Exemption Declaration where applicable, and the licence or declaration number will be displayed in the original catalogue description, as required by UK law. Both CITES Article 10 licences and Ivory Exemption Declarations are non-transferable: Buyers must apply for a new licence or declaration in their own name if they wish to sell to a third party.

It is the sole responsibility of the Buyer and/or their contracted shipping agent to have the correct CITES re-export and import licences for the Buyer’s chosen country in place before shipping can be undertaken. Current CITES guidance is published at gov.uk/guidance/cites-imports-and-exports, or may be obtained from the Animal and Plant Health Agency, Centre for International Trade, Horizon House, Deanery Road, Bristol BS1 5AH, telephone 0117 372 3700.

For species covered by the US Endangered Species Act (USESA) or the Migratory Bird Treaty Act (MBTA), potential US bidders should check with the US Fish and Wildlife Service for trade and possession restrictions in the US prior to bidding.

Seller’s terms (Terms of Business)

27. Consignment

When we accept your items for sale, we will issue a signed receipt confirming the goods consigned and the terms of their sale, together with a unique vendor reference number, which should be quoted in all correspondence with us. The practical consignment process — valuation, lotting advice, reserves and getting your items to us — is described in our selling guide.

28. Commission and charges

The Seller will pay a commission of 20% of the Hammer Price, plus a lot fee of £3 per Lot. The £3 lot fee is charged on every Lot entered, whether or not it sells. Commission and charges are due upon demand.

29. Right to refuse

We reserve the right to refuse any Lot for sale.

30. Unsold Lots

Unsold Lots may, at our discretion and with reasonable efforts to notify the Seller, be re-offered in a future auction. If the Seller does not wish a Lot to be re-offered, it will be stored for up to seven days free of charge; after that, a £5 per day storage charge will apply. All storage fees must be settled before any items are released.

31. Transport and haulage

Our in-house transport service is charged at £65 per hour, with a minimum charge of £65. This includes travel time, packing, loading and unloading.

32. Withdrawal or cancellation by the Seller

The fee for withdrawing a Lot, or cancelling a sale before the auction, is 20% of the Lot’s estimated value, plus any reasonable costs incurred.

33. Withdrawal by us

We reserve the right to withdraw any Lot from a Sale and will not accept liability for any such withdrawal.

34. Illustrations and photographs

We retain the copyright in all images created for marketing purposes.

35. Reserves

Sellers may place a reserve on any Lot. A reserve cannot exceed the lower estimate, and may be varied by up to 10% at the Auctioneer’s discretion.

36. Electrical items and soft furnishings

Electrical items must meet current legislation, and we reserve the right to dispose of any items not in compliance. Soft furnishings must comply with the Furniture and Furnishings (Fire) (Safety) Regulations 1989; non-compliant items will be rejected.

37. Disposal of unsaleable items

We reserve the right to dispose of items considered unsaleable, and the Seller will incur any disposal charges.

38. Auctioneers’ Margin Scheme

We may sell Lots under the Auctioneers’ Margin Scheme for second-hand goods, works of art, antiques and collectables. Where a Lot is sold under the Scheme, VAT is never applied to the Hammer Price, and no VAT is shown separately on the invoice; any VAT element is accounted for within the Buyer’s Premium rather than added to it. Clause 7 applies: we do not currently charge VAT on any of our commissions, fees or charges.

39. Payment to the Seller

The Seller will receive the net sale proceeds — the Hammer Price less commission and charges — by bank transfer no later than 10 working days after the auction. The Seller waives any claim for interest during the payment period. As agents for the Seller, we are not liable for the net proceeds of any Lot until we have received payment from the Buyer in full.

Questions about these terms?

We would rather you asked before you bid or consigned than found a surprise on your invoice — we strive to make buying and selling at auction as transparent as possible. Call, email or drop in and we will happily talk anything on this page through.