Conditions of Sale for Naville Numismatics Ltd. Auctions.
The following terms and conditions (“Conditions”) are accepted by all persons participating in Naville Numismatics Ltd. (“NN”) Auctions:
1. NN acts as an agent for the Consignor for the sale of a Lot to the Buyer, unless NN is the owner of the Lot. As such, NN is not responsible for any default by the Consignor or by the Buyer (successful Bidder). The Buyer has no entitlement to have the identity of the Consignor disclosed to him and the Buyer acknowledges that NN might receive a commission from the Consignor for the sale. The name of the Consignors are listed on the specific police records held at NN offices. The results of the sale effect the Consignor and NN does not assume any responsibility, towards the Buyer or third parties, except that stated in its commission agent agreement with the Consignor.
2. Auction bidding is conducted in British Pounds (GBP). All material shall be sold to the “highest Bidder”, as determined by NN. If any dispute arises during or immediately after the sale of a Lot, NN has the right to recall the Lot and put it up for sale again. In all cases NN’s decision is final. Subject to the above Conditions, the contract for the sale of the Lot is concluded when the countdown of the Live Auction reaches “Closed !!!” (which is the equivalent of the fall of the hammer, after the third call) or when the Time Left of the Timed Auctions has run out.
3. The successful Bidder has committed himself personally to the bid made. He cannot cancel his bid and his purchase. He cannot claim to have acted on behalf of a third party.
Pre-Sale and Auction Sale:
4. The potential Bidder must register as a member of NN’s Website. The registration to NN’s Website constitutes acceptance of these Conditions. The member must show proof of identification before the auction, through the login procedure, and subsequently he must be registered to participate as a Bidder. NN may require a bank reference and/or guarantee and, in any case, NN reserves the right to deny a person from participating in the auction. A Bidder must submit a bid for an entire Lot and each Lot constitutes a separate sale. Absentee Bidders can bid up to 24 hours before the start of the auction, only electronically through NN’s Website.
5. NN may raise or reject a bid without giving a reason, and furthermore reserves the right to combine or split up Catalogue Lots, or to offer them out of sequence or omit or withdraw them from the auction. NN may withdraw Lots if the bids do not reach the upset price previously arranged between NN and the Consignor. Lots can be offered for sale subject to a Reserve. NN reserves the right to bid on Lots, on the Consignor’s behalf, up to the amount of the Reserve, if any.
6. NN is not able to notify successful bidders by telephone or e-mail. Invoices are sent out by e-mail, but, after the auction, NN does not accept responsibility for notifying the Buyer of the result of their bid. The Buyer is requested to contact NN by e-mail or by telephone, as soon as possible after the auction, to obtain details of the outcome of his bids, to avoid incurring charges for late payment.
7. All identifications and descriptions of the items sold are statements of opinion, which are purely indicative and made in good faith. The Buyer acknowledges that the grading of coins is subjective and may vary from specialist to specialist, as the process is, by nature, an art and not a science. For this reason, we do not automatically accept and are not bound by the opinions of third party coin grading services for any purpose, including before and after the sale of a Lot. Lots by their nature are usually aged and varied in condition. The absence of any description of a defect, damage, modification or restoration in any Catalogue, does not imply that there are none. NN acts as commission agent for every Consignor and declines responsibility for any differences between the description in the NN’s Website or in any other NN’s material, and the actual item offered. NN cannot be held responsible for any errors or omissions.
8. Before every auction there is a viewing (Exhibition), held on a specific day, only by appointment, in a place defined by NN, in order to allow customers to examine the grade of preservation, origin, kind and quality of the items. After an item has been sold, NN will not be responsible for misattribution, irregularities relating to the state of conservation, the origin, the weight and the lack of quality of the objects. Neither NN, nor any partner or consultant, will release any guarantee, except for rare cases, as per law.
9. The Purchase Price payable by a Buyer is the Hammer Price, plus a Buyer’s Premium of 19,5% of the Hammer Price, plus VAT where applicable.
10. The Purchase Price is payable by the Buyer in full. Payment is in British Pounds (GBP) and NN must receive the amount in full within 14 days from the auction sale. The Buyer is not entitled to offset any amounts that he claims are due from NN or anyone else or make any other deductions.
11. The payment methods accepted by NN are the following:
a. Bank transfer:
Please note that international payments sent via wire transfer are now subject to an extra 7GBP fee.
For Payment via Bank transfer, please send a Sterling transfer of the Balance Due to: Naville Numismatics Ltd., NatWest, Account number: 46064389, Sort Code: 50-41-01, IBAN: GB15NWBK50410146064389, SWIFTBIC: NWBKGB2L. Please include your name and invoice number when sending instructions to the bank and inform Naville Numismatics Ltd of your payment in order to speed-up the delivery of your purchases.
b. Credit Card: we accept only Visa and Mastercard;
c. PayPal and Credit/Debit card payments are accepted only for invoices of £2,500 total value or less. PayPal to email@example.com
12. If the Purchase Price has not been settled within 14 days of the auction date, a 50 GBP late payment fee will be added and interest will be charged at 2% per month from the due date of payment to the date that cleared funds are received, whether that is before or after any legal judgment. This is without prejudice to any other rights that NN has for non-payment.
13. If the Purchase Price has not been settled within 21 days of the auction date, so the Buyer has definitely failed to comply with his obligations under these Conditions, the Lot, in respect of such non-compliance, may, at NN’s discretion and without notice to the Buyer, be put up for sale at auction or privately and resold. In this case, the Buyer will be liable in full and will indemnify NN for all losses, costs and expenses (including legal costs) incurred as a result, including the costs of the resale and the amount (if any) by which the Hammer Price obtained on the resale is less than the Hammer Price obtained on the original sale of the Lot to the Buyer. The Lot will be kept by NN at the Buyer’s own risk until it is sold (as mentioned above) or returned to the Consignor upon request.
Risk, Title and Delivery:
14. Title in a Lot will not pass to the Buyer until the Purchase Price has been paid in full.
15. Unless agreed by NN, the Buyer should collect the Lot within 21 days of the date of the auction. NN reserves the right to charge for storage and to resell by auction or privately without notice to you, if a Lot is not collected. Alternatively NN will send the Lot to the Buyer by recorded post.
16. The Buyer of a Lot shall pay the Purchase Price in full before the Lot can be delivered to him.
17. Shipping and insurance are at the Buyer’s cost and risk.
18. Every shipment will be made by registered and insured post, at the Buyer’s own expense and risk.
19. Any fees and charges payable abroad are borne by the Buyer (successful Bidder), who is responsible for acquiring the necessary information about any applicable customs and foreign exchange regulations. NN accepts no liability for any contraventions of such regulations.
20. It is the Buyer’s responsibility to obtain any necessary import, export or other licenses required in relation to a Lot.
Guarantee for Forgeries:
21. NN offers an unlimited guarantee to the Buyer for all Lots against Forgeries on the terms set out in these Conditions (‘Guarantee’).
22. For the purposes of these Conditions, a ‘Forgery’ means an imitation that has been created with the fraudulent intent to deceive in respect of the authorship, origin, date, age, period and the correct description does not correspond with the description in the Catalogue and, as a result, has a value significantly less than it would have been had it been genuine.
23. The Buyer must notify NN in writing that the Lot may be a Forgery. The Lot must be returned to NN in the same condition as at the time of sale and the Buyer must submit evidence that the Lot is a Forgery, the onus being on the Buyer to prove that it is a Forgery.
24. The Buyer acknowledges that:
(a) NN reserves the right to re-assess the Lot or engage at NN’s expense any expert or authority considered by NN at NN’s sole discretion to have the necessary expertise to undertake a re-assessment of the Lot;
(b) following NN’s re-assessment of the Lot, the Buyer agrees to be bound by NN’s decision as to whether or not the Lot is a Forgery.
25. The Buyer shall not be entitled to a refund for a Forgery if:
(a) the grounds for claiming that the Lot is a Forgery is based primarily on a difference of opinion between NN and a third party providing coin grading services;
(b) the grounds for claiming that the Lot is a Forgery is by reason of any damage and/or restoration and/or modification work of any nature;
(c) the description of the Lot in the Catalogue was in accordance with generally accepted opinions of numismatic specialists, as at the date of publication, or the Catalogue indicated that there was a conflict of opinion.
(d) it has been proved that the Lot is a Forgery by applying a method that was unavailable or not generally applied within the industry of numismatics as at the date of publication of the Catalogue or was disproportionately expensive, in both cases as determined in NN’s absolute discretion.
26. If NN agrees that the Lot is a Forgery then, subject to the Buyer being able to confirm in writing that the Buyer can transfer legal and beneficial title to the Lot to NN, or as directed by NN free from all encumbrances or third party claims of any nature, then the sale of the Lot will be rescinded, so that it is cancelled and NN will refund the Purchase Price to the Buyer in full.
27. The Buyer’s right to return the Lot and receive a refund of the Hammer Price under the Guarantee is Buyer’s sole remedy against NN and/or the Consignor for a Forgery. The Buyer will not be entitled to claim interest on the amount due to him. Neither NN, nor the Consignor shall be liable for costs, expenses, damages or any other liability however it arises relating to a Forgery.
28. The benefit of the Guarantee is personal to the original Buyer and is not transferable to a new owner of the Lot or any other person.
Exclusion of Liability:
29. Except where these Conditions expressly state otherwise, no warranty is given to a Buyer concerning a Lot and each Lot is sold as shown with all faults, imperfections, errors of description (including authorship, origin, age, size, condition or value) or lack of authenticity or genuineness and neither NN nor the Consignor will be liable for any damages, costs, expenses or any other liability arising out of the same, whether or not caused by negligence.
30. NN’s maximum liability under these Conditions is the amount of the Purchase Price paid by the Buyer.
31. Neither NN shall be liable, whether in tort (including negligence or breach of statutory duty), contract, misrepresentation or otherwise:
(a) for loss of profits or business, depletion of goodwill and/or similar losses; loss of contracts; or
(b) any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
32. Nothing in these Conditions excludes or limits NN’s liability for any matter which it would be illegal for NN to exclude or attempt to exclude under English law or for NN’s fraud or fraudulent misrepresentation.
33. By agreeing to these Conditions, a Bidder acknowledges and agrees that NN will use personal information of a Bidder for the purpose of the auction and ancillary matters, including providing Buyer’s personal details to any other person where necessary to enforce NN’s rights under these Conditions.
34. This Website www.navillenumismatics.com(“Website”) is owned and operated by NN.
35. All information which the User supplies to us, including his name, address, telephone number, email address, credit card information, and other personal information, must be truthful and accurate. NN respects User’s privacy and promises to safeguard the confidentiality of User’s information. However, in the event that NN suspects fraudulent or otherwise unlawful activity, NN reserves the right to supply User’s information to law enforcement agencies.
36. The user is responsible for keeping his password and other account information confidential and is responsible for all uses of his account, whether or not authorized. If the User believes his account has been misused or compromised, please contact NN immediately.
37. NN may modify or discontinue the Website or any of its features, including any specific auction, at any time. NN does not guarantee accessibility, accuracy, or security of the Website. You accept the Website on an “as is” and “as available” basis. NN takes all reasonable steps to ensure that this Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and other technical issues. Therefore NN will not be liable if this website is unavailable at any time.
38. The User may not use any software or device that will affect the function of the Website or any of its features. The User may not take any action that places an undue burden on the function of the Website software or infects the Website’s system.
39. All images and written content in the Website are subject to NN Intellectual Property Rights. The User is permitted to access images and content for their own personal non-commercial use. The User agrees not to copy, reproduce, modify, communicate to the public, or make derivative product from or publicly display any material available on or through the Website. Nor the User will create a database in electronic or structured manual form by systematically and/or regularly downloading, caching, printing and/or storing the material available on or through the Website (by spidering or otherwise) or enable or permit others to do so.
40. With the exception of personally identifiable information, any material the User sends or post to this Website shall be considered non-proprietary and not confidential. Unless the User advises to the contrary, NN will be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all purposes.
41. When using this website the User shall not post or send to or from this Website any material for which the User has not obtained all necessary consents, is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom.
42. The content of this Website may be restricted by law in certain countries. It is the responsibility of the User to determine what those restrictions are and to observe them.
43. Any links to third party websites located on this Website are provided for User convenience only. NN has not reviewed each third party website and has no responsibility for such third party websites or their content.
44. All rights and benefits granted to a Bidder under these Conditions are personal to him and may not be assigned or in any other way transferred to any other person. Any such assignment or transfer will be invalid and unenforceable against us.
45. A notice required or permitted to be given by either of NN to the other under these Conditions shall, in the case of a Bidder, be to the last address notified to NN and in the case of NN, shall be to its registered office.
46. No failure or delay by NN in exercising any of NN’s rights under these Conditions shall be deemed to be a waiver of that right, and no waiver by NN of any breach of these Conditions by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
47. If any provision of these Conditions is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions and the remainder of the provision in question shall not be affected.
48. Alterations to these Conditions must be made in writing in order to be valid.
49. The contractual relationship between parties is subject in all facets to English law. Place of performance is the registered office of the NN in London, and the exclusive court of jurisdiction is London.
50. Bidding or participating in NN’s sales constitutes acceptance by the User, Bidder, Buyer or participant of all the aforementioned terms and conditions of sale.
In these Conditions:
- ‘NN’, ‘us’, ‘auctioneer’ or ‘we’ means Naville Numismatics Ltd.;
- ‘User’ means the person who uses the www.navillenumismatics.com Website;
- ‘Bidder’ and ‘you’ means a person making, attempting to make or considering making a bid for a Lot including a Buyer;
- ‘Buyer’ means the person who makes the highest bid for a Lot which is accepted by the auctioneer and if the person is acting as an agent, will be a reference to its principal only if NN has accepted the agency in writing;
- ‘Catalogue’ means a catalogue, price list or other publication or price list;
- ‘Conditions’ means these conditions of sale and any other additional terms notified to Bidders in writing in a Catalogue or otherwise (which includes notices displayed at the Auction) or as agreed in writing between NN and the Bidder;
- ‘Hammer Price’ means the amount of the highest bid for a Lot accepted by the auctioneer, when the countdown of the Live Auction reach ”Closed”;
- ‘including’ or ‘include’ mean including without limitation and include without limitation, respectively;
- ‘Lot’ means any item deposited with us for sale at auction including items described against any Lot number in a Catalogue;
- ‘Purchase Price’ means the Hammer Price plus buyer’s premium and VAT where applicable;
- ‘Reserve’ means a confidential price below which the auctioneer will not sell a Lot or will re-purchase on behalf of the Consignor or for the account of NN. Unless otherwise specified at the time of Lot consignment, this will be set at approximately 80% of the Lot estimate at complete discretion of the auctioneer;
- ‘Consignor’s Conditions’ means the terms and conditions of sale between NN and a Consignor for the sale of a Lot, as displayed in the Website or available from NN.
- Headings in these Conditions are for convenience only and shall not affect their interpretation.
A notification of any amendment will also be displayed on the Home Page of NN Website for 60 days and sent via e-mail to NN registered users. NN is not responsible for e-mails not received due to circumstances beyond its control.
These terms and conditions were last updated on 10th March 2013 and replace all previous terms and conditions.