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TERMS OF PAYMENT

Within 3 days of AEC emailing or otherwise sending an invoice to the Buyer, the Buyer shall pay to AEC in £ sterling (GBP) the Sale Price and;

  • If Artists’ Resale Right Regulations 2006 apply to the sale, the Buyer also agrees to pay the resale royalty provided for in the Regulations.

Payments may be made by bank transfer, personal cheque (must be cleared before goods are released) or credit cards via our online purchase platform.

Debit cards:     No charge

Wireless Transfers:     Normal bank charges apply

Send to:

Bank    HSBC

Account name The Antique Enamel Company

Sort code         40-04-01

Account number         52644967

IBAN    GB93HBUK40040152644967

BIC       HBUKGB4106V

If the Buyer fails to pay AEC any sums when due, AEC has discretion to exercise the following rights:

  • AEC has the right to cancel the sale.
  • AEC has absolute discretion to sell the item giving the Buyer one month’s written notice. If a lower price is obtained upon such re-sale than was obtained on the first sale, the Buyer shall make good the difference in price and the expenses of re-sale shall become a debt due from him.
  • AEC may change interest at 5% per annum above the Bank of England’s base rate from time to time on the outstanding sums to be calculated on a daily basis from the date when the monies became payable until the date of actual payment.
  • AEC may release the name and address of the Buyer to the Seller (if not AEC) to enable the Seller to commence legal proceedings to recover all sums properly due.
  • The Buyer shall indemnify AEC against all legal and other costs, all losses and all other expenses (whether or not court proceedings have been issued), incurred as a result of AEC taking steps under this clause on a full indemnity basis.
  • To exclude the Buyer from engaging in any further business with AEC.

Title and Risk

  1. Title to a purchased item shall pass to the Buyer once the Buyer has made payment in full in accordance with clause 19 hereof.
  2. Risk in the purchased item shall pass from the Seller to the Buyer at the earlier of delivery of the item to the Buyer and 14 days after the sale.

 

Condition Report

 

  1. Furthermore, prospective buyers are responsible for determining the condition of items, as there are no returns based on condition. The conditions in the catalogue entry are based on opinion only and are provided for guidance only, without legal obligation. The absence of condition reports in the catalogue entry does not indicate that the item is in perfect condition.

 

Delivery of the Purchased Item

 

  1. When the sale has been concluded and payment has been made in accordance with clause 19 hereof, AEC shall liaise with the Buyer (and the Seller if not AEC) to organise delivery of the item to the Buyer.
  2. The Buyer shall be responsible for the packing, handling and transport costs of the delivery of the purchased item to the Buyer.
  3. It is the Buyer’s sole responsibility to obtain any necessary export, import, or other permit for the purchased item and to complete any required export or import documentation. AEC makes no representations on these matters.

Copyright

  1. The copyright in all images and written material produced by or for AEC relating to a work shall remain at all times the property of AEC and shall not be used by the Buyer nor by anyone else without AEC’s prior written consent. AEC and the Seller (if appropriate) make no representation or warranty that the buyer of an item will acquire any copyright or other reproduction rights in it.

Limitation of Liability

  1. AEC is not liable for any errors or omissions in information provided at any time by the Seller to AEC and thereafter by AEC to the Buyer, or at all whether made orally, by conduct or in writing, and whether negligent or otherwise.
  2. Any claim against AEC is limited to the Sale Price of the relevant item. AEC shall not be liable for any indirect or consequential losses.
  3. In any contract arising consequent upon dealings with this website, none of the Terms of such contract is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to such contract.
  4. If any of the provisions of these Terms and Conditions are declared by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from these Terms and Conditions and rendered ineffective as far as possible without modifying the remaining provisions of these Terms and Conditions, and shall not in any way affect the validity or enforcement of these Terms and Conditions.
  5. Whenever and to the extent that any provisions of these Terms and Conditions would or might contravene the provisions of any relevant legislation
    • such provision is to take effect only insofar as it may do so without contravening such legislation
    • where such provision is incapable of having any effect without contravening such legislation these Terms and Conditions are to be construed and interpreted as if such provision was deleted.

The legality, validity and enforceability of any of the remaining provisions of these Terms and Conditions are not in any way to be affected or impaired as a result.

  • Nothing in these Terms and Conditions shall exclude or limit any claim against AEC in respect of any fraudulent misrepresentation made by AEC, or in respect of death or personal injury caused by the negligent acts or omissions of AEC.

Dispute Resolution

  • If any dispute arises respecting a sale, AEC has sole and absolute discretion to determine the dispute, which may include the right, at the Seller’s option (if not AEC), for the item to be offered for re-sale, or to be withdrawn.

Jurisdiction

  • These Terms and Conditions will be construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English Courts provided that the submission by the parties to such jurisdiction shall not limit the right of AEC to commence any proceedings arising out of these Terms and Conditions in any other jurisdiction it may consider appropriate.

Refund Policy

  1. Any refunds are at the discretion of The Antique Enamel Company
  2. Privacy Policy

 

  1. The categories of information that we collect directly from you are: personal details (e.g., name, date of birth), contact details (e.g., phone number, email address, postal address), transaction information (e.g., bidding or purchase records, shipping details, information about items you purchase or wish to consign), limited financial information (e.g., tokenized payment information in connection with your purchases, wire instructions) information about your property in our possession or storage, username and password, and identification information.
  1. We rely on the information you provide to us or that we collect or observe about your individual interactions with us, for example, if you attend a live event, participate in one of our auctions, become a client, or register online. If you have registered with us online, we use data collection technologies to collect information that indicates your individual interests in our websites, online platforms and apps, and your response to our emails and marketing campaigns.

Addition of Terms and Conditions of Sale

It is important that you read and understand these terms and conditions before proceeding with this transaction. Only proceed with this transaction if you wish to be bound by the terms and conditions set out below (the “Terms”).

1 Purpose and effect

1.1 These Terms set out all the terms of agreement other than price between you as buyer and us as seller, in relation to the sale and purchase of the item(s) identified in the invoice overleaf, which we refer to below as the “Work” (the “Contract”). We confirm that we either own the Work or are authorised to sell it on behalf of the owner.

1.2 If you wish to rely on any variation of, or addition to these Terms, you must ensure that the variation or addition has been agreed by us in writing.

2 Statements about the Work

2.1 All statements by us as to the authenticity, attribution, description, date, age, provenance, value, historical significance, title or condition of the Work constitute our judgement and opinion only (save that this shall not operate so as to exclude any liability on our part for misrepresentation) and are not warranted by us.

2.2 Our description of the Work is partly dependent upon information provided by experts and we are not liable for the statements, data, information and opinions of others or any changes in expert opinion which may take place subsequent to the sale.

2.3 While we will on request explain the condition of the Work at the time of the sale and provide any information in our possession about condition for which you may reasonably ask, we will not be responsible for any subsequent deterioration of the Work, however caused, after the sale.

3 Payment of purchase price

3.1 You must pay us the full price for the Work (without deductions), together with delivery costs, any VAT and any amounts payable to us under clause 6 below but excluding any deposit or advance that you may already have paid (the “Price”), on the earlier of: (a) the expiry of any payment term as shown on the invoice; and (b) the time of delivery of the Work. Payment is only made once we receive cleared funds representing the full amount.

3.2 Payment may be made by wire transfer, cash (subject to any thresholds we may set) or credit card, as agreed and set out in the invoice. Where we agree to payment by cheque, acceptance is conditional upon the cheque being cleared in full on first presentation.

3.3 All payments shall be made in the currency specified in the invoice.

3.4 If you fail to make full payment within the relevant period, we shall charge you interest on the amount unpaid at the rate of 4% per annum above Barclay’s Bank base rate from the date when payment was due until payment is made in full.

4 Collection of the Work and passing of risk

4.1 You must collect the Work from the address specified in the invoice at the agreed date and time, within 28 days of the date of payment, unless it is agreed in writing that:

4.1.1 we should deliver it to you;
or
4.1.2 you should make your own arrangements for someone else to collect it for you.

4.2 Risk of loss and damage to the Work shall pass to you on the earlier of: (a) delivery of the Work to you; and (b) payment of the Price shown on the invoice. From the point at which risk passes to you, you are responsible for insuring the Work against all risks, including shipping.

5 Passing of ownership

5.1 Full legal title to the Work will not pass to you until we have received in full in cleared funds all sums due in respect of the Work.

5.2 If you have possession of the Work before full payment has been made, you must:

5.2.1 keep possession of it, not sell it or hand it over to any other person or dispose of any interest in it;

5.2.2 in the case of a Work consisting of more than one item, keep those items together;

5.2.3 keep any identifying marks showing that we own the Work clearly displayed;

5.2.4 store the Work on your premises and at no cost to us, separately from other property;

5.2.5 at our request, and after we have given you reasonable notice, allow us or a third party acting on our behalf to have access to the Work in order to inspect it; and

5.2.6 preserve the Work in the same state as it was on delivery and in particular, not restore, repair, clean or reframe it without our written consent.

6 Export

6.1 If the Work is to be exported from the United Kingdom, whether to other countries within the European Union or outside the European Union, it will be your responsibility to obtain the relevant export licence. 6.2 When making arrangements for export of the Work, you must:

6.2.1 comply with all requirements of any relevant tax authorities (including, if applicable, HM Revenue and Customs), any export licensing authorities and any other relevant official bodies; and

6.2.2 reimburse to us any sum claimed if HM Revenue and Customs, any relevant tax authorities or any other official body makes any claim against us for VAT, sales tax, use tax or any other expense or penalties resulting from your failure to comply with the relevant requirements for export and import.

6.3 When on its sale to you the Work is intended for export, you will be charged for VAT on the Work should it not be exported.

6.4 In any event you will be responsible for paying any taxes including but not limited to import tax, duty, merchandise, sales or user tax that have to be paid in the country of destination whether on shipment or on import or at any other time.

6.5 Unless otherwise agreed in writing, the sale of the Work is not dependent on either us or you obtaining an export licence and failure or delay in obtaining a licence will not constitute a basis to cancel a purchase or delay payment for it.

7 Breach by the buyer

7.1 If you fail to pay the Price in full (or if we agree with you payment by set instalments and you fail to pay any one or more instalment) by the due date, or if prior to you paying the Price in full you fail to comply with the obligations set out in clauses 5 and 6 above, or otherwise do or fail to do anything which may in any way imperil our ownership of the Work or the Work itself, we are entitled (without prejudice to our other rights and remedies at law) to either:

7.1.1 terminate the Contract, repossess the Work and claim damages for any loss we have suffered;
or
7.1.2 at our election, treat the sale as cancelled, and repossess the Work, in which case (and only in which case) we shall following the safe return of the Work, refund to you any part of the Price you have paid, after deduction of any sums due to us including but not limited to costs of recovery and restoration of the Work.

7.2 We shall also have the right to repossess the Work and cancel the sale if before you make full payment of the Price to us, proceedings occur in the UK or elsewhere involving your solvency (including but not limited to the presentation of a bankruptcy petition or winding-up petition; or the convening of a meeting to wind you up voluntarily).

7.3 Where we notify you of the exercise of our right to repossession, you will within 7 days of such notice, return the Work to our address (as set out in the invoice) at your cost and risk or tell us where the Work is kept and allow us to enter the premises where the Work is (separately) kept and take the Work away at your cost (it being understood that where the Work consists of more than one item, our rights of repossession extend to all such items).

8 Limitation of our liability
We shall not be liable for loss of profits (whether direct or indirect), loss of business, loss of anticipated savings or for any special, indirect, incidental or consequential loss or damage, if any and to the fullest extent permitted by law, which you may suffer in connection with buying the Work. Any liability to you for breach of our obligations whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall be limited to the Price paid for the Work (excluding any delivery costs and VAT) provided that nothing in this clause 8 limits or excludes our liability for: (a) death or personal injury caused by our negligence or any of our agents; and/or (b) fraud.

9 Rescission 
We will have the right, but not the obligation, (acting reasonably) to rescind a sale without notice to you, where an adverse claim is made by a third party, including but not limited to, someone claiming ownership of the Work. Upon notice of our election to rescind the sale, you will promptly return the Work to us. We will then refund the Price. The refund of the Price will constitute your sole remedy and recourse against us with respect to such claims.

10 Copyright 
The copyright subsisting in all images and other materials produced for the sale of the Work is owned by us and such images and materials may only be used with our permission. We will have the right to use such images in our own discretion after the sale of the Work. During the period in which the Work is protected by copyright, the copyright remains with its author (or any person to whom that right has been assigned). You are purchasing the Work, but not the right to produce copies of the Work (including photographs thereof) for publication. If such rights are sought, you should contact the copyright owner.

11 Notices 
Any notice to be given to us or that we must give to you in connection with the sale of the Work must be in writing and must be sent by post, or delivered by hand, to our address or to your last known address as set out in the invoice or as notified to us by you as the case may be.

12 Consumer Protection

12.1 This clause applies only where you are deemed to be a consumer for the purposes of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

12.2 In the event that our Contract is concluded “offpremises” or through distance communication you have the right to cancel the Contract within 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Work. Where the Work consists of more than one item (which are to be delivered separately), such cancellation period will expire after 14 days from acquiring physical possession of the last item (the “Cancellation Period”). To exercise your right to cancel, you must inform us of your decision to cancel by a clear statement (by post, fax or email) sent prior to the expiration of the Cancellation Period. You may use the model cancellation form provided. Please see our “Instructions for cancellation of a distance or off-premises contract” document for more information.

13 Law and jurisdiction

13.1 These terms and conditions and any non-contractual obligations arising from or in connection with them shall in all respects be construed and take effect in accordance with English law.

13.2 The courts of England and Wales will have nonexclusive jurisdiction in relation to any dispute: (a) arising from or in connection with these Terms; or (b) relating to any non-contractual obligations arising from or in connection with these terms and conditions.

By registering with The Antique Enamel Company, via any format, to take part in any Auctions, you agree to these Terms & Conditions.

The Antique Enamel Company reserves the right to amend these Terms and Conditions, without prior notice, at any time.