LYMINGTON AUCTIONS LTD
Terms and Conditions of Business
Effective from: 6th July 2026
These Terms and Conditions supersede all previous versions issued by Lymington Auctions Ltd.
Definitions
1. In these Terms and Conditions, unless the context otherwise requires:
"The Auctioneers" means Lymington Auctions Ltd, and includes its directors, officers, employees, consultants, valuers, specialists, contractors, agents and authorised representatives acting in the course of their duties.
"The Auctioneer" means the individual conducting the auction on behalf of the Auctioneers.
"Buyer" means the person making the highest bid accepted by the Auctioneer, whether bidding in person, online, by telephone or by commission.
"Vendor" means the owner of the Lot, or any person or entity authorised to sell the Lot on behalf of the owner.
"Lot" means any item or group of items offered for sale by the Auctioneers.
"Hammer Price" means the price at which a Lot is knocked down by the Auctioneer, excluding the Buyer's Premium, VAT and any additional charges.
"Buyer's Premium" means the commission payable by the Buyer in addition to the Hammer Price.
"Reserve Price" means the confidential minimum Hammer Price agreed between the Vendor and the Auctioneers below which a Lot will not normally be sold.
"Deliberate Forgery" means an imitation created with the intention of deceiving as to authorship, origin, age, period, culture or source, having a materially lower value than if it had been correctly described.
The Auction
2. The highest bidder shall be the Buyer. In the event of any dispute, the Auctioneer shall have absolute discretion to determine the successful bidder, to re-offer the Lot for bidding, to withdraw the Lot, or to take any other action the Auctioneer considers appropriate. The Auctioneer's decision shall be final.
2A. Persons under the age of 18 must be accompanied by a responsible adult at all times. The Auctioneers reserve the right to refuse admission to, or require the removal of, any person who is under the influence of alcohol or drugs, behaves in a disruptive or abusive manner, or whose presence may pose a risk to the safety of others, the conduct of the auction or the security of the premises.
2B. The Auctioneers operate CCTV throughout their premises for the purposes of security, crime prevention, staff and visitor safety, fraud prevention and the investigation of disputes. By entering the premises, visitors acknowledge that CCTV recording may take place. Recorded footage may be retained and disclosed where required by law or where reasonably necessary to protect the legitimate interests of the Auctioneers.
3. The Auctioneer shall have absolute discretion to withdraw, divide, combine, consolidate, alter the order of sale of, or otherwise deal with any Lot before or during the auction without giving a reason.
3A. Large bags, luggage, shopping trolleys, bicycles and any other bulky items are not permitted within the auction rooms. The Auctioneers reserve the right to refuse entry to, or require the removal of, such items at their absolute discretion.
3B. Carpets, rugs and other items may occasionally be displayed on the floor during viewing or sale. Whilst reasonable care is taken, visitors enter the premises at their own risk and should exercise due care when moving around the auction rooms.
3C. Any person responsible for damaging a Lot or any part of a Lot whilst viewing or attending the Auctioneers' premises shall be liable for the reasonable costs of repair, restoration or replacement together with any resulting loss suffered by the Vendor or the Auctioneers.
4. All Lots are offered subject to any Reserve Price agreed between the Vendor (or the Vendor's authorised representative, executor, administrator, attorney, agent or solicitor) and the Auctioneers.
5. Whilst every reasonable care is taken in the preparation of catalogues, condition reports, online listings, photographs, illustrations and other descriptions, the Auctioneers accept no liability for any errors, omissions or inaccuracies. Catalogue descriptions, estimates, photographs, condition reports and verbal statements are provided in good faith for guidance only and shall not constitute a warranty or representation of fact.
5A. Catalogue descriptions, condition reports, valuations, estimates and other information may be prepared or assisted using digital, automated or artificial intelligence software. All such information remains an opinion given in good faith based upon the information available to the Auctioneers at the time of preparation. Buyers remain responsible for satisfying themselves as to every aspect of a Lot prior to bidding.
6. Lots shall be held to be at the Buyer's risk from the fall of the hammer.
7. Legal title to any Lot shall not pass to the Buyer until the full Hammer Price, Buyer's Premium, VAT (where applicable) and any other charges due to the Auctioneers have been paid in full and cleared funds have been received.
Conditions Concerning Buyers
8. A Buyer's Premium of 20% plus VAT (or such other rate as may be published by the Auctioneers at the time of sale) shall be added to the Hammer Price of all Lots sold.
9. Buyers shall provide the Auctioneers with such information and proof of identity, address and payment details as the Auctioneers may reasonably require. The Auctioneers reserve the right to request a deposit or full payment immediately following the fall of the hammer.
9A. The Auctioneers reserve the right, at their absolute discretion, to require any bidder, whether bidding in person, online, by telephone or by commission bid, to provide proof of identity, proof of address and/or pay a refundable deposit before bidding or before completion of a purchase.
10. Commission bids and telephone bids are accepted at the Auctioneers' discretion and, where accepted, are provided as a complimentary service. Such bids must be received no later than one hour before the commencement of the auction and confirmed in writing or by email. Telephone bids will normally only be accepted on Lots with a lower estimate of £150 or more, unless otherwise agreed by the Auctioneers. Whilst every reasonable effort will be made to execute commission and telephone bids accurately, the Auctioneers shall not be liable for any failure or omission to do so.
10A. Certain Lots may contain materials subject to the provisions of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), the Ivory Act 2018, or other applicable legislation. It is the sole responsibility of the Buyer to satisfy themselves as to any applicable ownership, licensing, import, export or transportation requirements before bidding. The Auctioneers accept no liability for any restrictions affecting the sale, export, import or movement of such Lots.
11. Buyers must satisfy themselves as to the condition, age, authenticity, description, provenance and suitability of each Lot before bidding. Catalogue descriptions, condition reports, estimates, photographs and verbal statements are provided in good faith for guidance only and do not constitute a warranty or representation of fact. The absence of any reference to faults, restoration, damage, alterations, repairs or imperfections shall not imply that a Lot is free from such defects. Buyers are strongly advised to inspect Lots in person or request a condition report prior to bidding. The Auctioneers shall not be liable for any error, omission or failure to identify defects.
11A. Any claim or dispute relating to a Lot purchased at auction must be notified to the Auctioneers in writing within 28 calendar days of the date of the auction. After this period, no claim shall be accepted except where otherwise required by law.
12. No Lot shall be removed until the Buyer has paid in full for that Lot and for any other Lots purchased. All purchases must be removed at the Buyer's risk and expense within two working days following the sale. A storage charge of £4.00 plus VAT per Lot per day may be applied to purchases not removed within this period.
12A. The Auctioneers shall not be responsible for any loss of, or damage to, Lots remaining on the premises beyond the stated collection period unless such loss or damage is directly caused by the negligence of the Auctioneers.
12B. Where a Buyer instructs a third party, courier or carrier to collect a Lot on their behalf, that person shall be deemed to be acting as the Buyer's agent. Upon release of the Lot to that person, all risk and responsibility shall pass to the Buyer, and the Auctioneers shall have no further liability in respect of the Lot.
12C. The Auctioneers reserve the right to require proof of identity, proof of authority and/or proof of purchase before releasing any Lot to a Buyer or their authorised representative.
12D. Where the Auctioneers agree to package or arrange the dispatch of a Lot, this service is provided solely as a convenience to the Buyer. All packaging, handling, postage and shipping shall be undertaken entirely at the Buyer's risk unless otherwise agreed in writing by the Auctioneers.
13. If the Buyer fails to pay for and/or collect any Lot within seven days of the auction, the Auctioneers may, at their absolute discretion and without further notice, cancel the sale, re-offer the Lot at auction, sell it by private treaty, dispose of the Lot, or otherwise deal with it as they see fit. The defaulting Buyer shall remain liable for any loss, storage charges, commission, administration costs and any other expenses reasonably incurred by the Auctioneers arising from such default.
14. Interest may be charged on overdue accounts at 4% above the Bank of England Base Rate, calculated daily from the date payment became due until payment is received in cleared funds.
15. The Auctioneers accept payment by bank transfer, debit card and cash, subject to any legal restrictions applicable to cash payments. Cheques and credit cards are not accepted. The Auctioneers reserve the right to refuse any method of payment at their absolute discretion.
15A. Debit card payments taken over the telephone are limited to £100. Payments exceeding this amount must be made by bank transfer unless otherwise agreed by the Auctioneers.
15B. Any purchase requiring packaging, postage or shipment must be paid for by bank transfer unless otherwise agreed by the Auctioneers.
15C. Where a payment made by debit card is subsequently reversed, disputed or becomes subject to a chargeback, legal title to the Lot shall remain with the Auctioneers until cleared funds have been received. The Buyer shall remain liable for all associated costs, charges, losses and expenses incurred by the Auctioneers in recovering any outstanding balance.
16. By registering to bid or placing a bid, whether in person, online, by telephone or by commission bid, the Buyer acknowledges that they have read, understood and accepted these Terms and Conditions.
16A. The Auctioneers reserve the right, at their absolute discretion, to refuse any bid, decline or revoke any bidding registration, suspend or cancel any bidding account, refuse payment by any method, or refuse to release any Lot where they reasonably suspect fraud, money laundering, identity theft, non-payment, breach of these Terms and Conditions, or any other unlawful or suspicious activity. The Auctioneers shall not be obliged to provide a reason for exercising these rights.
Conditions Concerning Vendors
17. Goods delivered to the Auctioneers shall be deemed to have been accepted for sale by auction unless alternative written instructions are received and accepted by the Auctioneers prior to cataloguing or sale.
17A. The Vendor warrants that they are the legal owner of the Lots entered for sale or are fully authorised by the legal owner to sell them. The Vendor further warrants that the Lots are free from any third-party ownership claim, hire purchase agreement, finance agreement, lease, charge, lien, security interest, insolvency restriction, court order or any other legal encumbrance which may affect the Vendor's ability to sell the Lots.
17B. The Vendor warrants that all information provided to the Auctioneers, including but not limited to provenance, ownership, authenticity, attribution, age, condition and history, is true and accurate to the best of their knowledge. The Vendor agrees to indemnify the Auctioneers against any loss, claim, damage, expense or liability arising from any inaccurate, misleading or false information supplied.
17C. Unless expressly agreed with the Auctioneers at the time of delivery, any suitcases, boxes, plastic storage boxes, crates, containers, bags, cases or similar items used in the delivery or collection of goods by the Auctioneers shall be deemed to have been provided solely for the transportation of those goods and shall not form part of the consignment for sale. Once the contents have been removed, the Auctioneers may, at their absolute discretion and without further notice, retain, reuse, recycle, dispose of or otherwise deal with such items without liability to the Vendor or any third party. Where a container or similar item is intended to form part of the consignment for sale, this must be clearly identified and agreed with the Auctioneers at the time of delivery. The Auctioneers shall not be under any obligation to return such items to the Vendor unless they have been accepted as part of the consignment for sale.
17D. The Vendor shall notify the Auctioneers before delivery of any Lot containing hazardous materials, firearms, ammunition, explosives, chemicals, controlled substances or any other material that may present a health, safety or legal risk. The Auctioneers reserve the right to refuse such Lots or require their immediate removal.
18. All Lots whilst in the custody of the Auctioneers shall be insured against fire, burglary and such other risks as the Auctioneers consider appropriate. Unless otherwise agreed in writing, insurance shall be charged at 1% plus VAT of the Hammer Price, subject to a minimum charge of £1 plus VAT per Lot.
18A. Insurance shall cease immediately upon the earlier of:
collection by the Buyer;
collection by the Vendor;
delivery to a courier or carrier instructed by the Buyer or Vendor;
or expiry of any agreed collection period.
19. The Auctioneers shall not be liable for accidental loss or damage to any Lot unless directly caused by the negligence of the Auctioneers or their employees. The Auctioneers shall not be liable for deterioration resulting from the inherent nature, age or condition of any Lot.
19A. The Auctioneers shall not be responsible for any loss arising from theft, fraud, cybercrime, payment fraud, banking errors or other criminal acts beyond their reasonable control.
20. The Vendor authorises the Auctioneers to deduct commission, insurance, storage charges, illustration charges (where applicable), agreed expenses and any other sums properly due before accounting to the Vendor for the net sale proceeds.
21. The Auctioneers shall have the unrestricted right to photograph, video record, scan, illustrate, catalogue and otherwise reproduce any Lot consigned for sale. Such images may be used in catalogues, websites, online bidding platforms, social media, advertising, press releases and any other promotional material before, during and after the sale without further notice or payment to the Vendor.
21A. Catalogue descriptions, valuations, estimates, photographs and promotional material may be prepared or assisted using digital, automated or artificial intelligence software. All final catalogue entries remain under the control of the Auctioneers.
22. All Lots shall be offered for sale at the absolute discretion of the Auctioneers unless written instructions accepted by the Auctioneers have been received before catalogue production. Reserve Prices shall remain confidential between the Vendor and the Auctioneers.
22A. Unsold Lots may, at the discretion of the Auctioneers, be offered for private treaty sale or entered into a future auction. Unless otherwise agreed in writing, the Auctioneers may reduce the Reserve Price or estimate by up to 20% on each subsequent auction until the Lot is sold.
22B. Any Lots remaining uncollected by the Vendor for more than seven days following notification may be removed to storage, re-offered for sale to recover outstanding charges, donated to charity, recycled or otherwise disposed of at the Auctioneers' discretion. Any reasonable costs incurred shall remain payable by the Vendor.
23. A withdrawal fee of 10% plus VAT of the lower estimate (or Reserve Price where applicable), together with any agreed expenses, shall be payable on any Lot withdrawn after cataloguing. No withdrawal may be made within 48 hours of the auction without the written agreement of the Auctioneers.
24. The Vendor agrees to indemnify and keep indemnified the Auctioneers against any claim, demand, action, loss, damage, liability, cost or expense arising directly or indirectly from the sale of any Lot entered on the Vendor's behalf where such claim results from inaccurate information, defective title, breach of warranty or breach of these Terms and Conditions.
24A. The Vendor confirms that the Lots entered for sale are not subject to any family dispute, probate dispute, divorce proceedings, insolvency proceedings, hire agreement, finance agreement, rental agreement, court order or other legal restriction which would prevent their lawful sale.
25. A Vendor entering Lots that form part of a VAT-registered business shall notify the Auctioneers before the sale and provide all information reasonably required to enable the correct VAT treatment to be applied.
26. The Auctioneers act solely as agents for the Vendor and shall not become liable to account to the Vendor for the proceeds of sale until cleared funds have been received from the Buyer. Where a Buyer fails to complete the purchase, the Lot may be treated as unsold and re-entered into a future auction at the discretion of the Auctioneers.
26A. The Auctioneers reserve the right to withhold payment to the Vendor where ownership, authenticity, payment, fraud, legal entitlement or any other material issue is under investigation until such matter has been resolved to the reasonable satisfaction of the Auctioneers.
Forgeries
27. Should any Lot, other than a Lot relating to the German Third Reich (see Clause 31), prove to be a Deliberate Forgery, the Auctioneers shall, upon receipt of written notice within one year of the auction, rescind the sale or repurchase the Lot for an amount equal to the Hammer Price together with the Buyer's Premium (inclusive of VAT), provided that:
27A.
The Lot is returned in substantially the same condition as at the time of sale.
27B.
The Buyer provides written evidence from a suitably qualified independent expert demonstrating, to the reasonable satisfaction of the Auctioneers, that the Lot is a Deliberate Forgery having regard to the catalogue description.
27C.
The generally accepted opinion of recognised scholars or experts at the date of the auction would have concluded that the Lot was a Deliberate Forgery, or scientific methods reasonably available at that time would have established the same.
27D.
This guarantee is personal to the original Buyer and is not assignable or transferable.
Artist's Resale Right
28. Where applicable, the Buyer shall pay any royalty due under the Artist's Resale Right Regulations 2006. Such royalty shall be collected by the Auctioneers on behalf of the relevant collecting society. VAT is not payable on Artist's Resale Right royalties.
Online Bidding
29. The Auctioneers may, at their discretion, offer live online bidding through one or more third-party bidding platforms.
By registering to bid through any online bidding platform, the Buyer acknowledges and accepts that:
29A.
Online bidding services are provided by independent third-party providers over whom the Auctioneers have no control.
29B.
Additional platform fees may apply in accordance with the terms of the relevant bidding platform.
29C.
The Auctioneers accept no responsibility for interruption, delay, failure of internet services, software failures, hardware failures, transmission errors, power outages or any other event beyond their reasonable control affecting online bidding.
29D.
The Auctioneers reserve the right to refuse, suspend or cancel any online bidding registration at their absolute discretion.
29E.
Where a conflict arises between an online bid, commission bid, telephone bid and/or bid made in the auction room, the Auctioneer's decision shall be final.
Firearms and Restricted Items
30. Any Lot requiring a firearm certificate, shotgun certificate or other statutory authority may only be purchased by a person lawfully entitled to possess that Lot under applicable legislation.
30A. Japanese swords, bayonets, daggers, knives, alcohol and any other age-restricted goods shall only be released upon production of satisfactory proof that the purchaser is at least 18 years of age.
30B. Firearms are sold under the Auctioneers' permit where applicable and must be transferred in accordance with all applicable legislation. Any firearm not collected within the required timescale may be transferred to a Registered Firearms Dealer at the purchaser's expense and risk.
30C. The Auctioneers make no warranty as to the mechanical condition, safety or serviceability of any firearm or weapon. Purchasers are responsible for satisfying themselves as to the condition of any such Lot before use.
Third Reich Items
31. Due to the volume of reproduction and counterfeit Third Reich and Imperial German material in the marketplace, the Auctioneers make no warranty or guarantee as to authenticity unless expressly stated in writing. Buyers must satisfy themselves as to authenticity prior to bidding.
Shipping
32. The Auctioneers do not ordinarily undertake packing or shipping but can recommend independent third-party shipping companies upon request. Where the Auctioneers agree, at their absolute discretion, to package and post a Lot, a minimum handling charge of £20 plus VAT shall apply, together with any applicable postage, packaging and insurance costs. Any packing, postage or shipping arranged by the Auctioneers is undertaken entirely at the Purchaser's risk. The Purchaser accepts full responsibility for any loss, damage or delay occurring during transit, and the Auctioneers shall have no liability whatsoever once the Lot has been dispatched or collected by a third-party carrier. The Auctioneers reserve the right to refuse to package or ship any Lot at their absolute discretion. Unless otherwise agreed by the Auctioneers, all Lots requiring packing, postage or shipment must be paid for by bank transfer prior to dispatch.
33. Unless otherwise agreed by the Auctioneers, any Lot requiring packing, postage or shipment shall be paid for by bank transfer prior to dispatch.
General Provisions
34. Force Majeure
The Auctioneers shall not be liable for any delay, cancellation, failure or interruption caused by events beyond their reasonable control including (but not limited to) fire, flood, storm, pandemic, industrial action, cyber attack, power failure, internet failure, governmental action or any other event beyond their reasonable control.
35. Severability
If any provision of these Terms and Conditions is found by a court or other competent authority to be invalid, illegal or unenforceable, the remaining provisions shall continue in full force and effect.
36. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales, and any dispute shall be subject to the exclusive jurisdiction of the courts of England and Wales.
