Antique Coral Graduated 9ct Gold Clasp Necklace

Luxoris Auctions Ltd

Luxoris Auctions Ltd carries on business, including the conduct of Auctions, on these general conditions. This includes any business with Bidders, Buyers, Vendors, Consignors, users of this website, and with all those present on the Premises prior to or in connection with an Auction (all as hereinafter defined). 

1. 1.                      Definitions and interpretation

 

1.1                 The following defined terms are used in these Conditions:

“Auction” or “sale” means any auction conducted by Luxoris, either at their premises or elsewhere including any internet-based auctions and/or Timed Auctions;

"Auctioneer" means Luxoris or its authorised Auctioneer, as appropriate;

“Bidder” means a bidder or bidder’s representative at an Auction, including bidders personally present at the venue and those bidding by telephone or over the internet or otherwise;

“Buyer” means the bidder whose bid was the last bid when the Auction ends;

“Condition Report” means a document produced by the Vendor pertaining to the physical condition of a Lot, this is a professional opinion and not a guarantee;

“Conditions” means these terms and conditions;

“Consigned Property” means the items consigned by the Vendor to Luxoris for offer at an Auction;

"Deliberate Forgery" means an imitation made with the intention of deceiving as to authorship, origin, date, age, period, culture or source but which is unequivocally described by Luxoris on the website as being the work of a particular creator and which at the date of the sale had a value materially less than it would have had if it had been in accordance with the description;

"Hammer Price" means the level of bidding reached (at or above any Reserve) when the Auctioneer sells the Lot;

“Lot” means any Consigned Property accepted by Luxoris for offer at Auction;

“Luxoris” means Luxoris Auctions Ltd;

“Principal” means a third party that a Bidder is bidding on behalf of;

"Stated Rate" means Luxoris' published rates of commission for the time being and value added tax thereon (also available on request);

“Timed Auction” means an Auction of the sort described in Clause 6.6;

"Total Amount Due" means the Hammer Price in respect of the Lot sold together with any premium, commission, value added tax chargeable and any additional charges payable by a defaulting Buyer under these Conditions;

“Vendor” or “Consignor” means the vendor of an item (including Consigned Property) which is submitted to Luxoris for offer for sale at an Auction;

“Website” means this website; and

“You” or “you” means any person including anyone with whom Luxoris does business and/or any user of the Website. “Your” or “your” shall be interpreted accordingly.

1.2                 As used herein in these Conditions, each gender shall include all genders, and singular shall include the plural and the plural the singular as the context shall require.  Words importing gender include the masculine, feminine, neuter gender, gender neutral, and all genders.

Includes, include, including, shall be deemed to be followed by the phrase “without limitation”. The word includes, include including shall not be construed as limiting a preceding term but rather as permitting the preceding term to refer also to all other matters or items that could reasonably fall within the broadest possible scope.

1. 2.                      Website

 

2.1                 You may access the Website without registering your details with Luxoris. Certain areas of the Website are only open to You if you register. By accessing any part of the Website, You shall be deemed to have accepted these Conditions notice in full. If You do not accept these Conditions in full, You must leave the Website immediately.

 

2.2                 Luxoris may revise these Conditions at any time. You should check the Website from time to time to review the then current Conditions, because they are binding on You. Certain provisions of these Conditions may be superseded by expressly designated legal notices or terms located on particular pages at the Website.

 

2.3                 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by Luxoris or its licensors. If You breach any of these Conditions, Your permission to use the Website automatically terminates and You must immediately destroy any downloaded or printed extracts from the Website.

 

2.4                 No part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Luxoris’ prior written permission.

 

2.5                 Any rights not expressly granted in these Conditions are reserved.

 

1. 3.                      Rules about your conduct and uploading content to Luxoris Website

 

3.1                  Other than personally identifiable information, which is covered under our Privacy Policy, any material You transmit or post to the Website shall be considered non-confidential and non-proprietary. Luxoris shall have no obligations with respect to such material. Luxoris and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

 

3.2                  You are prohibited from posting or transmitting to or from the Website any material: that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or for which You have not obtained all necessary licences and/or approvals; or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

 

3.3                  You may not misuse the Website (including, without limitation, by hacking).

 

3.4                  Each registration is for a single user only. Luxoris does not permit You to share your user name and password with any other person nor with multiple users on a network.

 

3.5                  Responsibility for the security of any passwords issued rests with You.

 

1. 4.                      The Vendor

 

4.1                  Luxoris shall act as agent of the Vendor only. Any contract for the sale of a Lot will be formed between the Vendor and the Buyer.

 

4.2                  Luxoris shares Vendor information with third parties for identity and address verification, fraud prevention and to comply with legal obligations. The Vendor warrants and represents to Luxoris and the Buyer that information provided by the Vendor is accurate.

 

4.3                   The Vendor shall be entitled to place prior to the time of consignment a reserve on any Lot, being the minimum Hammer Price at which a Lot may be sold (“Reserve”). 

 

4.4                  Where a Reserve has been placed only Luxoris may bid on behalf of the Vendor.

 

4.5                  The Vendor authorises Luxoris in their discretion to negotiate a sale by private treaty in the case of a Lot unsold at Auction, in which case the same charges will be payable as if the Lot had been sold at Auction.

 

4.6                  The right of Luxoris to bid on behalf of the Vendor is expressly reserved. The Vendor acknowledges that Lots are sold subject to the stipulations of these Conditions in their entirety.

 

4.7                   By consigning an item(s) or Lot to Luxoris for offer at Auction, the Vendor agrees to these Conditions and authorises Luxoris to deduct the specified charges.

 

1. 5.                            Publicity

 

5.1                       Any website listings and buyer guides are provided for information only and do not, form part of these Conditions. However, the website listings and the buyer guides may contain additional terms and conditions.

 

5.2                       Estimates are designed to help you gauge what sort of sum might be involved for the purchase of a particular lot. Estimates may change and should not be thought of as the sale price. The lower estimate may represent the Reserve. Estimates do not include the buyer’s premium or VAT (where chargeable). Estimates are prepared some time before the auction and may be altered by a saleroom notice or announcement by the auctioneer before the auction of the Lot. They are not definitive.

 

5.3                        Luxoris reserves the right to use any photographs, background information, and research for publicity purposes both before and after the sale.

 

1. 6.                            The Auction

 

6.1                       Any Auction shall be conducted at the absolute discretion of the Auctioneer.

 

6.2                       The Auctioneer shall conduct the Auction with reasonable skill and care. For example, what constitutes a bid shall be at the absolute discretion of the Auctioneer, acting with reasonable skill and care.

 

6.3                       The Auctioneer shall have the right to refuse any bid which does not exceed the previous bid by at least 10% or by such greater proportion as the Auctioneer shall in his or her absolute discretion direct.

 

6.4                       Where two or more bids at the same level are simultaneously received by the Auctioneer, the Auctioneer at his or her absolute discretion shall determine which bid to prefer. Bids shall be deemed to have been made only if received by the Auctioneer.

 

6.5                        Luxoris shall have the right, at its absolute discretion, to refuse admission or registration or participation in any Auction by any person.

 

6.6                       If an Auction is a Timed Auction it shall be an automatic Auction process administered according to parameters (such as bid increments and end times) established by the Auctioneer and takes place without the Auctioneer calling the bids. Bids are placed over a defined time period ("Bidding Period"). The Bidder may be able to view the highest current bid. The highest bid, (being the greatest bid that meets or is in excess of any Reserve), at the end of the Bidding Period is successful at the auctioneer's discretion. A Timed Auction:

(a)              will either be open to all registered Bidders who have registered and been approved by the Auctioneer or restricted to a defined group of Bidders according to the Auctioneer's chosen criteria; and

(b)             may also be a 'private treaty sale' or 'tender sale' where Bidders cannot see the value of the bids placed by other Bidders;

 

1. 7.           Bidders

7.1                 Bidders are required to register their particulars. Luxoris shares Bidder information with third parties for identity and address verification, fraud prevention and to comply with legal obligations. The Bidder warrants and represents to Luxoris and the Vendor that information provided by the Bidder is accurate. Where Luxoris detects a fraudulent registration or cannot verify the Bidder’s identity to a satisfactory standard this may result in Luxoris refusing to provide the Bidder with services.

 

7.2                 We reserve the right to conduct various checks on you  under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 and related legislation. Unless we confirm we already have this information, on registration you will be required to provide the following:

 

(a)        For individuals, official photo identification (driving licence, passport or equivalent) and proof of address (if this is not included in your ID document);

(b)        For corporate entities, the certificate of incorporation (or equivalent) with your official name, registered number (if any) and registered address, as well as details and ID documentation for directors and beneficial owners of the entity; or

(c)        For trusts and estates, details and ID documentation for executors/trustees and details of beneficiaries; please contact us for further information.

You may be asked for further information if we deem this necessary. If you are bidding for a Principal, you will be required to provide the above information for yourself and your Principal, along with a signed letter from your Principal authorising you to bid.

If we deem that you have not provided sufficient information for us to complete our anti-money laundering and terrorist financing checks to our satisfaction, we may refuse to register you to bid and we may postpone completion of or cancel any contract made by you and the Seller in the event you have made a successful bid.

 

7.3                 Bidders are required to satisfy Luxoris' security arrangements before viewing the website or bidding at any Auction.

 

7.4                 Bidders accept full liability for all bids submitted. A bid becomes binding once made by a Bidder or his/her representative.

 

7.5                 Any successful bids are subject to a premium set out in clause 9.1, VAT and other applicable fees.

 

7.6                 Subject to clause 6.3, the highest Bidder at the Hammer Price shall be the Buyer. Any dispute about a bid shall be settled at the Auctioneer's absolute discretion.

 

7.7                 Bidders are deemed to act as principals unless there is a written prior acknowledgement by Luxoris that a Bidder is acting as an agent for a named principal.

 

7.8                 Bidders shall be responsible for any decision to bid for a particular Lot and shall be deemed to have satisfied themselves as to its condition. Neither Luxoris nor its employees or agents shall be responsible for any Bidder’s neglect or default in doing or failing to do so.

 

7.9                 Bidders may request a Condition Report before any sale and prospective Bidders must satisfy themselves as to all relevant matters prior to bidding. Neither Luxoris nor its employees and agents nor the Vendor accept liability for the correctness of any opinions contained in the website listings and buyers guides.

 

7.10            Electrical goods are sold as antiques and for collection and display only with no guarantee as to the working condition of such items or their safety. If you buy electrical goods for use you must ask a qualified electrician to check them for compliance with safety regulations before you use them.

 

7.11            If you intend to export a Lot you must find out (a) whether an export licence is needed and (b) if there is a prohibition on importing goods of that character, for example because the goods contain prohibited materials such as ivory.

 

7.12            Luxoris authenticates items to the best of its ability prior to listing.

 

7.13            Items are sold "as is," and no warranties or guarantees are provided beyond what is stated in the listing.

 

7.14            Any third party reports such as laboratory tests, external authentication reports, or provenance / history provided in relation to a Lot(s) is reflective of the judgments, perspectives, opinions expressed by the respective third party compiling such report(s) and may not align with the views or opinions of Luxoris. Luxoris does not endorse or hold the same opinions as those expressed in the reports. Buyers should interpret and consider the findings within the context of the report’s creator’s expertise and analysis. All conditions and warranties, express, implied or statutory relating to any Lots are hereby excluded.

 

1. 8.                      The Buyer

8.1                 Buyers are required to register their particulars. Luxoris shares Buyer information with third parties for identity and address verification, fraud prevention and to comply with legal obligations. The Buyer warrants and represents to Luxoris and the Vendor that information provided by the Buyer is accurate. Where Luxoris detects a fraudulent registration or cannot verify Buyer’s identity to a satisfactory standard this may result in Luxoris refusing to provide the Buyer with services.

 

8.2                 Immediately following completion of the relevant Auction, the Buyer shall pay to Luxoris the Total Amount Due. Sold Lots are not eligible for refunds. The foregoing does not affect the Buyer’s statutory rights. 

 

8.3                 Luxoris may, at its absolute discretion, agree credit terms with the Buyer before an Auction under which the Buyer may be entitled to take possession of Lots up to an agreed value in advance of payment by a stipulated future date of the Total Amount Due.

 

8.4                 Cheques shall not be accepted by Luxoris (unless Luxoris in its absolute discretion permits payment by such method) nor are third party references or credit facilities with other Auction houses. If a cheque is tendered Luxoris reserves the right to instruct its bank to check the Buyer's status and account balance before exercising any discretion. Any credit arrangement must be settled at least four days before the relevant sale. Any permitted payment by credit card may carry an extra charge to the Buyer of such percentage of the Total Amount Due.

 

8.5                 Any payments by a Buyer to Luxoris may be applied by Luxoris towards any sums owing from that Buyer to Luxoris on any account whatever without regard to any directions of the Buyer or his agent, whether express or implied.

 

8.6                 The Buyer is responsible for any taxes, charges or restrictions that apply in the relevant country or authorities. The Buyer is responsible for paying any import duties, taxes, and other fees imposed by the relevant country or authorities.

 

8.7                 The Buyer is responsible for ensuring that the Lots purchased comply with the relevant country’s laws and regulations, including any restrictions on particular goods.

 

8.8                 Luxoris disclaims liability for any costs or compliance requirements set out in the above clauses 8.6 and 8.7.

 

1. 9.                      The Purchase Price 

 

9.1                 The Buyer will pay the Hammer Price and a premium of 18 per cent. (plus VAT). The said premium payable by buyers. Value Added Tax is charged at the rate prevailing by law at the date of sale. The Vendor authorises Luxoris to retain beneficially the premium payable by Buyers.

 

9.2                 Where Value Added Tax on the Hammer Price is applicable, a notice shall be provided to that effect.

 

9.3                 Some Buyers may be eligible for VAT refunds. Luxoris are under no obligation to provide VAT refunds, although may at its discretion offer assistance to Buyers to obtain VAT refunds from HMRC who are the ultimate authority regarding VAT. VAT refunds are subject to provision of relevant export/import documentation.

 

1. 10.                 Title and Collection of Purchases

 

10.1             The ownership of any Lot purchased shall not pass to the relevant Buyer until they have made payment in full to Luxoris of the Total Amount Due.

 

10.2             Luxoris shall arrange for any Lots purchased to be delivered to you.

 

10.3            Postage fees will be calculated based on the buyer's location and item specifications.

 

10.4            Postage insurance is applied to all parcels based on the Hammer Price. This is inclusive up to the value of £5000. Please contact us at help@luxoris.com if your parcel exceeds this value and we can arrange insurance for an additional fee.

 

10.5            The Buyer is responsible for all additional costs including, but not limited to any applicable taxes and import licences relating to the sold Lots.

 

10.6            Luxoris disclaim responsibility for the services provided by any  third party delivery services used by or suggested by Luxoris.

 

1. 11.                 Default by Buyer or Vendor

 

11.1            As Luxoris act as agent for the Vendor, Luxoris is not responsible for default by the Vendor or the Buyer.

 

11.2            If any Lot is not paid for in full in accordance with these Conditions, or if there is any other breach of these Conditions, Luxoris as agent for the Vendor shall at its absolute discretion and without prejudice to any other rights it may have, be entitled to exercise all or any of the following rights and remedies:

 

(a)        to proceed against the Buyer for an action for debt or damages for breach of contract;

(b)        to rescind the sale of that Lot and/or any other Lots sold by Luxoris to the defaulting Buyer;

(c)        to re-sell the Lot by Auction or private treaty. If a lower Hammer Price is achieved on the re-sale than that achieved on the original sale the defaulting Buyer shall be liable for the difference (after crediting any part payment and adding any reasonable associated costs). Luxoris will account to the Vendor for any surplus achieved on a re-sale, however, it shall only be required to account to the Vendor for any resulting deficiency in the event that it receives payment of such sum in full from the defaulting Buyer.

(d)        to remove, store and insure the Lot at the expense of the defaulting Buyer and, in the case of storage, either at Luxoris' premises or elsewhere;

(e)        to charge interest at a rate not exceeding 1.5% per month on the total amount due to the extent it remains unpaid for more than two working days after the sale;

(f)          to retain that or any other Lot sold to the defaulting Buyer until that Buyer pays the total amount due;

(g)        to reject or ignore bids from the defaulting Buyer or refuse defaulting Buyer admission or participation at future Auctions or block such defaulting Buyer from accessing any Luxoris services or website or impose conditions before any bids from defaulting Buyer shall be accepted;

(h)        to suspend or terminate the defaulting Buyer’s account; and

(i)           to apply any proceeds of sale of other Lots due or in future becoming due to the defaulting Buyer towards the settlement of the total amount due and to exercise a lien on any of the Buyer's property in Luxoris' possession for any purpose.

 

1. 12.                 Deliberate Forgeries

 

12.1            Subject to clause 12.2, any representation or statement by Luxoris (including in any website listings) as to authorship, genuineness, origin, date, age, provenance, condition or estimated selling price is a statement of opinion only. Neither Luxoris or its employees or agents nor the Vendor accept liability for the correctness of such opinions and all conditions and warranties, express, implied or statutory are hereby excluded.

12.2            Any Lot which is proven to Luxoris, acting in its sole discretion, to be a Deliberate Forgery may be returned to Luxoris by the Buyer within 21 days of the Auction provided it is in the same condition as when bought, and is accompanied by particulars identifying it from the website description and a written statement of defects. If Luxoris is satisfied from the evidence presented that the Lot is a Deliberate Forgery Luxoris shall refund the money paid by the Buyer for the Lot (but not the amount of any consequential loss, damages, expenses or interest) provided that (1) if the website description reflected the accepted view of scholars and experts as at the date of sale or (2) the Buyer personally is not able to transfer a good and marketable title to Luxoris.

 

1. 13.                 Limitations of Liability

 

13.1            Any indemnity under these Conditions shall extend to all actions, costs, expenses, claims and demands whatsoever suffered or incurred by the person entitled to the benefit of it and Luxoris declares itself to be a trustee of the benefit of every such indemnity so far as it is expressed to be for the benefit of its employees and agents.

 

13.2            While Luxoris endeavours to ensure that the information on the Website is correct, Luxoris does not warrant the accuracy and completeness of the material on the Website. Luxoris may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and Luxoris makes no commitment to update such material.

 

13.3            The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Luxoris provides you with the Website on the basis that Luxoris excludes all representations, warranties, conditions and other terms which, but for these Conditions, might have effect in relation to the Website.

 

1. 14.                 General

 

14.1            Any notice to Luxoris Buyer, Vendor, Bidder or viewer may be given by post or email. Any notice shall be deemed to have been received:

 

(a)                     if sent by pre-paid post, at 9.00 am on the third Business Day after posting; or

(b)                    if sent by email, when acknowledged by Luxoris.

 

14.2            Luxoris is not liable for delays or disruptions to auctions caused by circumstances beyond our reasonable control, including but not limited to natural disasters, internet outages, or strikes.

 

14.3            Any indulgence extended to any person by Luxoris notwithstanding the strict terms of these Conditions shall affect the position at the relevant time only and in respect of that particular concession only; in all other respects these Conditions shall be construed as having full force and effect.

 

14.4            These Conditions and any disputes or claims arising out of or in connection with it or their subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with English law.

 

14.5             The parties irrevocably agree that the English courts have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Agreement or its subject matter or formation (including any non-contractual disputes or claims).

 Luxoris Auctions Ltd. Company Reg No:16048376