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Auction Terms and Conditions

Auction Terms and Conditions

Last updated 16 February 2026

INTRODUCTION & APPLICATION OF TERMS

 

1. About Us

1.1   These Auction Terms & Conditions apply to all Auctions and sales conducted by Maak London Ltd (“Maak”, “we”, “us” or “our”), a company incorporated and registered in England and Wales under company number 11826294, whose registered office is at Lindenmuth House, 37 Greenham Business Park, Greenham, Thatcham, Berkshire, RG19 6HW, United Kingdom.

1.2  These Auction Terms & Conditions reflect established auction practice and are intended to operate in accordance with applicable law. Nothing in these Auction Terms & Conditions excludes or limits any rights or remedies which a Buyer or Seller may have under applicable law and which cannot lawfully be excluded or limited.

 

2. Structure and Status of These Auction Terms & Conditions

2.1   The contractual relationship between Maak, Sellers, Bidders and Buyers in relation to Auctions and sales conducted by Maak is governed by the following documents, which together form these Auction Terms & Conditions:

 2.2   These Auction Terms & Conditions apply to all Auctions conducted by Maak and, where expressly stated, to any private treaty or post-auction sales arranged by Maak.

2.3   In the event of any conflict between these Auction Terms & Conditions and any Consignment Contract or other written agreement expressly agreed between Maak and a Seller, the terms of that agreement shall prevail to the extent of the conflict.

 

3. Role of Maak

3.1   In its role as auctioneer, Maak acts as agent for the Seller. The Seller’s identity is not normally disclosed.

3.2   Any representation or statement made by Maak in relation to a Lot is made on behalf of the Seller. Accordingly, any Contract of Sale for a Lot is made between the Buyer and the Seller, and not with Maak.

3.3   Nothing in these Auction Terms & Conditions limits Maak’s rights or obligations where it acts as principal in respect of any Lot, where this is expressly stated.

 

4. Auctions and Bidding

4.1   Maak’s Auctions are public auctions. Bidding is conducted primarily online via the Maak bidding platform, with absentee bids and telephone bidding available by prior arrangement.

4.2   Unless expressly stated otherwise, Lots are available for public inspection prior to the Auction during published viewing periods or by appointment, as notified on Maak’s website and in the Notice to Bidders.

4.3   Maak reserves the right, at its sole discretion and without giving a reason, to refuse admission to any Auction, decline registration, refuse any bid, or exclude any person from participation in an Auction.

 

5. Acceptance of These Auction Terms & Conditions

5.1   By registering to bid, submitting a bid, participating in an Auction, consigning a Lot for sale, or otherwise engaging with Maak in relation to an Auction or sale, each Bidder, Buyer and Seller confirms that they have read, understood and accepted these Auction Terms & Conditions.

 

6. Online-Only Auctions – Consumer Notice IMPORTANT

6.1   Where:

6.2   additional provisions apply which are set out in the Auction Terms & Conditions for Buyers under the heading “Online-Only Auctions – Additional Provisions (Consumers)”

6.3   Buyers who are unsure whether these provisions apply to a particular purchase should contact Maak for further information or seek independent advice.

 

 

AUCTION TERMS & CONDITIONS FOR BIDDERS

 

7. Registration and Eligibility to Bid

7.1   In order to participate in an Auction, all prospective bidders must register an account on the Maak online bidding platform and provide such information that Maak may reasonably require.

7.2   Bidder accounts must be created in the same name and at the same address as the person or entity to whom purchased Lots will be invoiced and from whom payment will be received, unless otherwise agreed in writing by Maak in advance.

7.3   Bidders will need to provide Maak with proof of identity, registered address and such other information or documentation as Maak may reasonably require in order to comply with applicable anti-money laundering, counter-terrorist financing and sanctions regulations.

7.4   Maak reserves the right, in its absolute discretion, to refuse registration, revoke bidding privileges, or impose conditions on bidding at any time, including where such information is not provided or Maak is not satisfied as to a bidder’s identity, authority, financial standing, or compliance with applicable laws or internal compliance procedures.

7.5   Registration to bid does not guarantee that a bidder will be permitted to bid in any particular Auction or on any particular Lot.

 

8. Acceptance of Terms

8.1   By registering to bid, accessing the bidding platform, placing a bid, or participating in an Auction in any manner (including online, in person, by telephone or by absentee bid), each bidder confirms that they have read, understood and accepted these Terms and Conditions.

8.2   Where bidding is conducted via Maak’s online bidding platform, bidders will be required to confirm acceptance of these Terms and Conditions electronically prior to bidding.

 

9. Auction Format and Bidding Procedures

9.1   Auctions are conducted with bids submitted via Maak’s online bidding platform. Lots are offered for sale for a specified bidding period, with bidding closing at the published closing time subject to extension in accordance with clause 9.2.

9.2   Where a bid is placed within the last 5 minutes of a Lot’s scheduled close time, the closing time will be automatically extended by up to 5 minutes to allow other bidders an opportunity to bid.

9.3   Maak reserves the right to:

(a) vary the bidding period;
(b) extend, suspend or close bidding;
(c) group, separate, withdraw or re-offer Lots; and
(d) regulate the conduct of the Auction generally.

9.4   Bids may be placed online via Maak’s bidding platform, in person, by telephone or by absentee bid, subject to availability and Maak’s prior agreement.

9.5   A Bidder may submit a confidential Maximum Bid for a Lot.

9.5.1   By submitting a Maximum Bid, the bidder authorises the bidding platform to place bids automatically on their behalf in increments determined by the platform.

9.5.2   The platform will automatically increase the Bidder’s Bid in the applicable bidding increments in response to the Reserve price or any other competing bids, up to the amount of the Maximum Bid.

9.5.3   The bidding will increase only to the minimum amount required to maintain the Bidder as the highest bidder, up to the level of the Maximum Bid.

9.5.4   In the event of two or more equal Maximum Bids on the same lot, the bid Maximum Bid placed first as recorded by the platform shall take precedence over a later bid at the same amount.

9.6   Bidders are responsible for ensuring that any Maximum Bid entered reflects their intended limit. Once submitted, a Maximum Bid may not be withdrawn except as permitted by these Auction Terms & Conditions.

9.7   All bids, regardless of the method by which they are communicated, are treated as bids made through the Auction and constitute a legal and binding offer subject to these Terms and Conditions.

9.8   Absentee and telephone bids are accepted and executed at the bidder’s risk. Maak does not guarantee that such bids will be executed, nor that they will be executed at any particular level.

9.9   Any bid made by a Bidder on a Lot will remain valid for the duration of the Lot’s bidding period as stated on the website.

9.10  Any bid placed by a Bidder below the Reserve price will no longer be legally binding once the Auction has ended.

 

10. Withdrawal of Bids

10.1  Bidders may not withdraw a bid except at the auctioneer’s discretion or for limited circumstances allowed under applicable law.

 

11. Bid Increments, Reserves and Successful Bids

11.1  Bidding increments are determined by Maak and may be varied at its discretion.

11.2  Where a Bid is submitted that does not comply with the preset increments, the bid will be accepted and rounded down to the nearest correct Bid.

11.3  Lots may be subject to a Reserve price, being the confidential minimum price at which the Lot may be sold. The Reserve price shall not exceed the lower estimate.

11.4  Maak is under no obligation to disclose whether or not a Lot is subject to a Reserve price and shall not be responsible to any Bidder in respect of the presence, absence or level of any Reserve in relation to a Lot.

11.5  Where a Seller authorises the Reserve Price for a Lot to be reduced during an Auction, Maak may adjust the Reserve accordingly.

11.6  Maak shall not reduce a Reserve to a level which would cause a bid previously below the Reserve to become a Successful Bid without first taking reasonable steps to notify the affected Bidder of the adjustment to the Reserve and the potential effect on the status of their bid.

11.7  Maak shall not be liable for any failure or delay in effecting such notification where it has taken reasonable steps to do so.

11.8  Maak may accept bids below the Reserve or sell a Lot without Reserve at its discretion where authorised by the Seller.

11.9  A bid shall be considered a Successful Bid where, at the close of bidding for the Lot, it is the first placed highest bid as registered on the Maak bidding platform at or above any applicable Reserve.

 

12. Binding Nature of Bids

12.1  All bids submitted in an Auction are binding offers to purchase the relevant Lot and are made subject to these Auction Terms and Conditions.

12.2  The formation of a Contract for Sale is governed by clause 19. Upon acceptance of a Successful Bid in accordance with clause 19, the Bidder shall become the Buyer and shall be legally bound to complete the purchase.

 

13. Responsibility for Bids

13.1  Bidders are responsible for all bids placed using their bidder account

13.2  Any bid placed using a Bidder’s account shall be treated as having been made by that Bidder, whether or not authorised by them.

13.3  Bidders must ensure that their account details and login credentials are kept secure and confidential.

13.4  A Bidder bidding as agent for another person or entity does so as principal and shall be jointly and severally liable with that person or entity for all obligations arising from any Successful Bid.

 

14. Lot Descriptions, Estimates, Images and Copyright

14.1  All Descriptions, including attribution, authenticity, date, provenance and condition, as well as estimates, illustrations, images and other information in the online auction catalogue or listings are statements of opinion only and are provided for guidance purposes.

14.2  Maak shall exercise reasonable care and any such opinion shall be honestly and reasonably held. Maak’s knowledge of lots is partly dependent on information provided by the Seller. Whilst Maak seeks to describe Lots accurately it is not always possible to carry out exhaustive due diligence on each lot.

14.3  Estimates reflect Maak’s opinion of the range within which Maak thinks the Hammer Price for a Lot is likely to be. It is not an estimate of value and it does not take account of any Buyer’s Premium or VAT payable. Lots can in fact sell for Hammer Prices below and above the estimates. Any estimates should not be relied on as an indication of the actual selling price or value of a Lot.

14.4  Descriptions and Estimates may be amended at Maak’s discretion from time to time by written notice on the Website before or during an Auction. It is the responsibility of the Bidder to keep themselves informed of any such amendments.

14.5  Images of any Lots are for identification purposes only and may not reveal the true condition, colour or scale of a Lot.

14.6  The copyright of all images, text and any other materials on the Websites or in any marketing or promotional material belongs to Maak. It is not permitted for anyone else to use or reproduce such materials without Maak’s prior written consent.

 

15. Inspection and Public Viewing

15.1  Unless expressly stated otherwise, Auctions will include a published opportunity for in-person public viewing with all Lots available for inspection prior to the close of bidding.

15.2  Bidders are strongly encouraged to inspect Lots in person and to satisfy themselves as to condition, description, authenticity and suitability before bidding.

15.3  Condition Statements and Condition Reports are not a substitute for inspection.

15.4  Where an Auction or Lot is designated as Online-Only Auction, inspection arrangements and buyer protections are modified as set out in the Auction Terms & Conditions for Buyers.

 

16. Condition

16.1  A brief Condition Statement may be published as part of the Description of a Lot. The Condition Statement and any oral condition information provided by Maak are statements of opinion only, as held at the time they are given. Neither Maak nor the Seller accept any liability for the accuracy of such opinions, and all conditions and warranties relating to condition, whether express, implied or statutory, are hereby excluded.

16.2  Bidders may request a written Condition Report on a Lot’s physical condition from Maak. Any written description of the physical condition of a Lot contained in a Condition Report is a statement of opinion, as held at the time it was given. However, where a Condition Report has been provided, Maak accepts reasonable responsibility to notify the relevant Bidder if it becomes aware of any material change to the condition of this Lot at a later date, prior to the close of the Auction.

16.3  All Condition Statements and Condition Reports provided by Maak address only detected damage, deterioration and/or restoration. Maak does not, as a matter of course, comment on characteristics, variations or features arising from the materials used, the artist’s or maker’s processes, methods of production, or the inherent nature of the object, including (without limitation) variations in surface, texture, colour, finish, form, structure or construction. Such characteristics may be intrinsic to the work and, in Maak’s opinion, cannot be regarded or reported as issues of condition.

 

17. Auctioneer’s Discretion and Errors

17.1  As the auctioneer, Maak has absolute discretion to:

(a) resolve any dispute between bidders;
(b) correct any error;
(c) refuse any bid;
(d) withdraw or re-offer any Lot; and
(e) determine all matters arising in connection with the Auction.

17.2  Maak’s decision shall be final and binding.

 

18. Platform Issues

18.1  Maak does not guarantee uninterrupted or error-free operation of the bidding platform and shall not be liable for any failure, delay or interruption to bidding caused by technical issues or circumstances beyond its reasonable control.

18.2  In the event of a technical failure or bidding error, Maak may suspend, restart or cancel the Auction or re-offer any affected Lot.

 

 

AUCTION TERMS & CONDITIONS FOR BUYERS

 

19. Formation of Contract

19.1  A Contract of Sale for a Lot is formed when a Successful Bid is accepted at the close of bidding for that Lot. Such acceptance may be effected automatically by Maak’s online bidding platform on behalf of the auctioneer.

19.2  A bid shall be considered a Successful Bid where, at the close of bidding for the Lot, it is the first placed highest bid as registered on the Maak bidding platform at or above any applicable Reserve.

19.3  Upon formation of the Contract of Sale, the Bidder who placed the Successful Bid becomes the Buyer and is legally bound to purchase the Lot in accordance with these Auction Terms and Conditions, without the need for any further notification or confirmation.

 

20. Purchase Price

20.1  The price payable by the Buyer to Maak is equal to the sum of the Hammer Price together with the Buyer’s Premium, VAT at the prevailing rate and Artist’s Resale Right premium (ARR, if applicable), and any other applicable charges (together the Purchase Price).

20.2  Buyer’s Premium is calculated at 25% of the Hammer Price and is subject to VAT (if applicable).

20.3  All amounts are payable in full and without set-off or deduction.

 

21. VAT and Auctioneer’s Margin Scheme

21.1  Lots are generally sold under the Auctioneer Margin Scheme. Under this scheme, VAT is not charged on the Hammer Price, but VAT is charged on the Buyer’s Premium at the prevailing rate and must be shown as an inclusive amount.

21.2  Certain Lots may be subject to different VAT treatment, including VAT being chargeable on the Hammer Price. The following symbols are used in the Lot Description to denote what VAT is due on the Hammer Price and Buyer’s Premium:

† VAT at 20% on Hammer Price and buyer’s premium

* Imported items at reduced rate with 5% due on Hammer Price in lieu of import VAT and 20% on buyer’s premium

Ω Imported items with 20% due on Hammer Price in lieu of import VAT and 20% on buyer’s premium

● Zero rated for VAT, no VAT will be added to the Hammer Price or the buyer’s premium

21.3  The Buyer is responsible for satisfying themselves as to the applicable VAT treatment and for providing any documentation required to support zero-rating or exemption. Failure to qualify shall not entitle the Buyer to cancel the Sale or withhold payment.

 

22. Artist Resale Right (ARR)

22.1  On Lots marked with ‘AR’ in the Lot Description, an ARR premium shall be payable by the Buyer in addition to the Hammer Price and Buyer’s Premium in accordance with the Artist Resale Right Regulations 2006.

22.2  Maak shall collect the ARR premium due from the Buyer and remit it to the relevant collecting society.

22.3  ARR is calculated as a percentage of the Hammer Price in accordance with the table below, and shall not exceed the equivalent of £12,500.

 

Hammer Price                              Percentage Amount

From £0 to £50,000                                    4%

From £50,000.01 to £200,000                     3%

From £200,000.01 to £350,000                    1%

From £350,000.01 to £500,000                   0.5%

Exceeding £500,000                                   0.25%

 

23. Payment

23.1  The Buyer shall pay the total Purchase Price within seven (7) days of the Auction end.

23.2  Maak reserves the right to refuse payment from any third party or from a source other than the registered Buyer without prior written agreement.

23.3  Payment must be made in cleared funds, by one of the payment methods stated below. Maak’s preferred payment method is by bank transfer.

Bank Transfer: Please quote your invoice number and Surname as the reference.

 

                           Bank:                  HSBC Bank plc

                           Address:              26 Broad Street

                                                      Reading

                                                      Berkshire

                                                      RG1 2BU                                      

                           Account Name:     Maak London Ltd

                           Sort Code:           40-38-04

                           Account Number:  15079829

                           IBAN Number:      GB11HBUK40380415079829

                           BIC:                     HBUKGB4B

If paying by bank transfer the amount received after the deduction of any bank fees and/or conversion of the currency of payment into Sterling must not be less than the Sterling amount payable, as set out on the invoice.

Cash: You may pay for Lots purchased by you in the Auction in Sterling Cash, provided that the total amount payable in respect of all Lots purchased by you in the Auction does not exceed £5,000. If the amount payable exceeds that sum, the balance must be paid by other means.

UK and EU Consumer Debit Cards and Credit Cards: There is no additional charge for purchases made with these cards.

All Commercial Cards and Non-EU Debit Cards and Credit Cards: There is a 2.5% surcharge on the total invoice value.

 

24. Risk, Transfer of Title, Collection and Storage

24.1  Risk in the Lot passes to the Buyer at the time the Sale is formed.

24.2  Title to the Lot shall pass to the Buyer only on receipt by Maak of the full Purchase Price in cleared funds. The Lot will not be released to the Buyer until such time.

24.3  The Buyer is responsible for arranging collection of the Lot within 14 days of the Auction end. Lots are removed at the Buyer’s risk and expense.

24.4  Where a Lot is not collected within 14 days of the Auction end without prior arrangement, Maak may charge reasonable storage fees and may, after giving notice, take such steps as it considers appropriate to store, move or insure the Lot at the Buyer’s risk and expense.

24.5  Any arrangement for collection and subsequent delivery will be between the Buyer and the relevant third party providing the delivery service. Maak will have no liability in respect of such arrangement. If the Buyer is not available to accept delivery from the relevant third party then the Buyer will be required to arrange re-delivery with the relevant third party. If the Lot is returned to Maak as a result of the Buyer’s failure to accept delivery then the rights available to Maak under the Buyer Default provisions will apply.

24.6  It is the sole responsibility of the Buyer to comply with all export and import regulations relating to your purchases and also to obtain any relevant export and/or import licence(s).

 

25. Online-Only Auctions - Additional Provisions (Consumers)

IMPORTANT: These provisions only apply where the Buyer is a Consumer, the Seller is a Trader acting in the course of business, and the Lot is purchased through an Online-Only Auction. If the Buyer is unsure about whether this clause 25 applies or any of the terms contained in this clause  apply please contact us or for more detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

25.1  The Seller is not responsible for delays outside their control. If the making available of a purchase is delayed by an event outside the Seller’s control then Maak or the Seller will contact the Buyer as soon as possible to let the Buyer know and the Seller will take steps to minimise the effect of the delay or Maak will ask the Seller to do so where applicable. Provided the Seller does this the Seller will not be liable for delays caused by the event, but if there is a risk of substantial delay the Buyer may contact Maak as agent for the Seller to end the Contract of Sale and receive a refund for any Lot the Buyer has paid for but not received.

25.2  The Buyer’s rights to end the Contract of Sale.

25.2.1   When the Buyer can end the Contract of Sale. The Buyer’s rights to end the Contract of Sale will depend on what they have bought, whether there is anything wrong with it, and how the Seller is performing the Contract of Sale and when the Buyer decides to end the Contract of Sale:

25.2.1.1   If what the Buyer has bought is faulty or misdescribed the Buyer may have a legal right to end the Contract of Sale of the relevant Lot;

25.2.1.2   If the Buyer wants to end the contract because of something the Seller has done or which the Seller has told the Buyer they going to do; or

25.2.1.3   If the Buyer has just changed their mind about the purchase made under the relevant Contract of Sale, please see clause 25.3. In such circumstances the Buyer may be able to get a refund if they are within the cooling-off period, but this may be subject to deductions and the Buyer will have to pay the costs of return of the relevant Lot.

25.3  Exercising the Buyer’s right to change their mind (Consumer Contracts Regulations 2013). For most products bought by a Consumer from a Trader online, the Consumer will have a legal right to change their mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in clauses 25.2.1.3, 25.5 and 25.6 in these Auction Terms and Condition. These rights only apply in certain circumstances. Please contact us or contact Citizens Advice Bureau (contact details above) for further information.

25.4 Our Maak Authenticity Guarantee. Please see the ‘Authenticity, Forgery & Claims’ section details of the Maak authenticity guarantee. The Maak Authenticity Guarantee does not affect the Buyer’s legal rights in relation to a faulty or misdescribed Lot.

25.5  How long does the Buyer have to change their mind? The Buyer has 14 days after the day the Buyer (or someone the Buyer nominates) receives the Lot to exercise their right to change their mind.

25.6  How to end the Contract of Sale (including if you have changed your mind):

25.6.1   Tell Maak you want to end the Contract of Sale by doing one of the following:

Phone or email. Call customer services on +44 (0)1628 290 050 or email Maak at info@maaklondon.com. Please provide your name, home address, details of the Lot and, where available, your phone number and email address.

By post. Print the model cancellation form set out in appendix III and post it to Maak at 5 Spring Meadows Business Centre, Highfield Lane, Crazies Hill, Berkshire RG10 8PU or email it to us info@maaklondon.com. Or simply write to Maak at that address, including details of what you bought, when you ordered or received it and your name and address.

25.7  Returning a Lot after ending the Contract of Sale. If the Buyer ends the Contract of Sale for any reason after delivery has been arranged in respect of the relevant Lot or the Buyer has received the relevant Lot, the Buyer must return the Lot to Maak as directed by Maak. The Buyer must either return the relevant Lot in person or arrange delivery to Maak at 5 Spring Meadows Business Centre, Highfield Lane, Crazies Hill, Berkshire RG10 8PU or allow Maak to collect it from the Buyer. Please call customer services on +44 (0)1628 290 050 or email Maak at info@maaklondon.com. If the Buyer is exercising their right to change their mind they must send off the relevant Lot within 14 days of telling Maak they wish to end the Contract of Sale. Where the Buyer is returning the relevant Lot to Maak we recommend the Buyer obtains appropriate insurance and retains proof of postage as the relevant Lot remains at the Buyer’s risk until the Lot is received by Maak or Maak’s nominated courier – where the Seller is paying the costs of return under clause 25.8 below, please contact Maak for details of the required insurance arrangements.

25.8  When the Seller will pay the costs of return. The Seller via Maak will pay the costs of return:

25.8.1   if the relevant Lot is faulty or misdescribed; or

25.8.2   if there is a delay in making the Lot available for delivery due to events outside the Seller’s control or because the Buyer has a legal right to do so as a result of something the Seller has done wrong in relation to the Contract of Sale.

25.9  In all other circumstances (including where you are exercising your right to change your mind) the Buyer must pay the costs of return.

25.10 Charges for Collection. If the Buyer is responsible for the costs of return and Maak is collecting the relevant Lot from the Buyer, the Buyer will be charged the direct and reasonable cost of collection.

25.11 How the Buyer will be refunded. Where a refund is due under this clause 25 the Buyer will be refunded the price the Buyer paid for the Lot, by the method used for payment. However, deductions may be made from the price, as described below.

25.12 Deductions from refunds if the Buyer is exercising their right to change their mind. If the Buyer is exercising their right to change their mind:

25.12.1   the Buyer’s refund of the price may be reduced to reflect any reduction in the value of the Lot, if this has been caused by the Buyer’s handling them in a way which would not be permitted in a shop; and

25.12.2   the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method Maak offers. For example, if Maak offers delivery of a Lot within 3-5 days at one cost but the Buyer chooses to have the Lot delivered within 24 hours at a higher cost, then Maak will only refund what the Buyer would have paid for the cheaper delivery option.

25.13 When the Buyer’s refund will be made. Any refunds due to the Buyer will be made by Maak as soon as possible. If the Buyer is exercising their right to change their mind then:

25.13.1   If Maak has not offered to collect the Lot, the Buyer’s refund will be made within 14 days after the day on which Maak receives the Lot back from the Buyer or (if earlier) the day on which the Buyer supplies evidence of having sent the Lot back; or

25.13.2   In all other cases, the Buyer’s refund will be made within 14 days after the day the Buyer tells Maak the Buyer has changed their mind.

25.14 The Buyer must compensate the Seller if they break the Contract of Sale. If the Seller ends the Contract of Sale in the situations permitted in these Auction Terms and Conditions, the Seller will refund any money the Buyer has paid for any Lot which has not been received by the Buyer pursuant to that Contract of Sale, but the Seller may deduct or charge the Buyer reasonable compensation for the net costs the Seller will incur as a result of the Buyer breaking the Contract of Sale.

25.15 If there is a problem with the Lot. If the Buyer has any questions or complaints about the Lot, in the first instance please contact Maak. The Buyer can telephone Maak’s customer service team at +44 (0)1628 290 050 or write to Maak at info@maaklondon.com or 5 Spring Meadows Business Centre, Highfield Lane, Crazies Hill, Berkshire RG10 8PU.

25.16 Any Lot supplied must conform to the Contract of Sale. The Seller is under a legal duty to supply Lots that are in conformity with the Contract of Sale.

 

26. Buyer Default

26.1  If the Buyer without prior agreement fails to pay the Purchase Price for a lot in full within seven (7) days of the Auction end, and/or fails to comply with their obligations under these Auction Terms & Conditions, Maak may, at its discretion and without prejudice to any rights of the Seller, exercise one or more of the following remedies:

 

27. Export and Compliance

27.1  The Buyer is responsible for obtaining any export licences, permits or other consents required for the removal of a Lot from the United Kingdom.

27.2  Maak shall not be responsible for any delay or refusal arising from export controls, sanctions or other regulatory requirements.

 

 

TERMS AND CONDITIONS FOR SELLERS

 

28. General

28.1  In our role as auctioneer Maak acts as agent on behalf of the Seller. Any representation we make in respect of a Lot is made on the Seller’s behalf and any Contract of Sale is between the Buyer and the Seller, not with us.

28.2  The Seller undertakes to Maak and to the Buyer that they are the true owner or are duly authorised to sell the Lot by the true owner and is able to transfer good and marketable title to the property free from any third party claims.

28.3  Maak disclaims all responsibility for statements about any Lot made by the Seller. This does not affect any rights a Bidder or buyer may have against the Seller.

 

29. Consignment and Authority to Sell

29.1  On consigning a Lot for sale, Maak will issue a Consignment Contract to the Seller listing all Lot(s) agreed to be consigned with Maak. Any Description of the Lot(s) on the Consignment Agreement is for the purpose of identification only.

29.2  On signing the Consignment Contract the Seller authorises Maak to offer the Lot(s) for sale by auction on the Seller’s behalf in accordance with these Terms and Conditions and the applicable Consignment Contract.

29.3  Any representation Maak makes in respect of a Lot is made on the Seller’s behalf and any Contract of Sale is between the Buyer and the Seller, not with Maak.

29.4  The Seller warrants that they are the legal owner of the Lot and is able to transfer good and marketable title to the property free from any third party claims or are otherwise fully authorised to sell the Lot and to enter into the Contract of Sale with the Buyer.

29.5  The Seller authorises Maak to offer the Lot for sale at auction, to accept bids in accordance with these Terms and Conditions, and to conclude a binding Contract of Sale with the Buyer where a bid is accepted in accordance with the auction process.

 

30. Estimates and Reserves

30.1  Any estimates provided by Maak are statements of opinion only and are intended as a guide as to the likely Hammer Price. Estimates do not constitute a guarantee of sale price.

30.2  Where a Reserve price set on a lot in agreement with Maak, the Reserve represents the confidential minimum Hammer Price at which the Lot may be sold and shall not exceed the lower estimate.

30.3  Any changes to the Estimate or Reserve price as stated on the Consignment Contract can only take place in agreement between the Seller and Maak and must be confirmed in writing.

30.4  If the Consignment Contract states that the Reserve is ‘0’ it is agreed that the Lot will be sold with No Reserve and may be stated as such in the Lot Description.

30.5  Maak may decline to offer a Lot for sale if the Reserve requested by the Seller is unreasonably high in which case the terms of clause 32.1 may apply.

30.6  Maak may, at its discretion, accept a bid below the Reserve, provided that Maak accounts to the Seller for Sale Proceeds calculated as if the Hammer Price had been equal to the Reserve.

 

31. Seller’s Commission and Charges

31.1  In consideration for its services, Maak shall be entitled to charge the Seller commission calculated as a percentage of the Hammer Price at the rate agreed in the Consignment Contract or agreed in writing at a later date.

31.2  In addition to commission, Maak may deduct from the Sale Proceeds any agreed handling charges, marketing costs, insurance charges, storage fees or other costs expressly agreed with the Seller in writing.

31.3  Commission and charges are exclusive of VAT, which shall be charged at the prevailing rate where applicable.

31.4  If the Seller is a Trader consigning to an Online-Only Auction Lots may not be listed or sold anonymously. The Lot Description will include the Seller name and address.

 

32. Withdrawal of Lots and Maak’s right to refuse to sell

32.1  The Seller may revoke their instruction for Maak to sell the Lot(s) at any time by giving written notice.

32.1.1   If a Lot is withdrawn after the Lot has been received by Maak but prior to the date the lot is due to be published on the online bidding platform the Seller will become liable to a Withdrawal Fee of £250 in recovery of reasonable costs incurred by Maak in cataloguing, photographing, marketing, storing and transporting the Lot.

32.1.2   If a Lot is withdrawn after the date the lot is published on the online bidding platform the Seller will become liable to a Withdrawal Fee of £250 plus 5% of the mid estimate.

32.2  Before removing the Lot the Seller must pay all sums due to Maak.

32.3  Maak may, by notice to you, refuse to sell or choose to withdraw a Lot from an Auction anytime prior to or during an Auction for any reason, including where issues arise in relation to title, authenticity, condition, compliance or Seller default.

 

33. Delivery, Responsibility and Insurance

331.  Unless otherwise agreed, delivery of the Lot to Maak is at the expense of the Seller at the prearranged place and time.

33.2  From the time when the Lot is delivered into Maak’s custody we will have possession of it as bailee for reward and we will owe you a duty of care as such until title of the Lot passes to the Buyer.

33.3  While a Lot is in Maak’s custody prior to the formation of a Sale, it shall be insured under Maak’s insurance policy, subject always to the terms, conditions, exclusions and limits of that policy.

33.4  Maak’s liability in respect of loss of or damage to a Lot while in its custody shall be governed exclusively by the provisions set out in the Insurance, Custody & Loss of Lots section of these Auction Terms & Conditions.

33.5  If a Lot is withdrawn by the Seller or if Maak gives notice of our refusal to sell, the Seller must remove the Lot at their own expense within 14 days unless agreed otherwise.

33.6  If the Lot is unsold in the Auction Maak may give the Seller no less than 14 days notice to remove the Lot at their own expense within that period, unless agreed otherwise.

33.7  Before removing the Lot the Seller must pay all sums due to Maak.

33.8  If the Seller does not remove the Lot within the timeframe specified Maak reserves the right to charge storage at a rate of £1.50 plus VAT, per lot, per day.

 

34. Lot Descriptions

34.1  Each Lot will be published online with a written Description, Estimate, Condition Statement and image via the online bidding platform.

34.2  Maak has complete discretion as to how Lots are described and illustrated, however our knowledge of Lots is partly dependent on information provided by the Seller.

34.3  Maak assumes that the Seller approves the Lot Description unless informed to the contrary. The Seller must notify Maak immediately in writing if there is any information in relation to the Lot which the Seller is aware is, or may be, inaccurate or incomplete in any material respect.

34.4  Where Maak is obliged to return the Purchase Price to the Buyer when the Lot is a Deliberate Forgery under the Authenticity, Forgery & Claims section of these Auction Terms and Conditions and we have accounted to the Seller for the Sale Proceeds, the Seller agrees to reimburse Maak the total Sale Proceeds. The liability to reimburse the Sale Proceeds shall not arise where the Seller is acting reasonably and honestly and is unaware of the Forgery but Maak are or ought to have been aware of it.

 

35. The Auction

35.1  Neither the Seller nor anyone acting on the Sellers behalf may bid on the Lot whether a Reserve has been placed or not. If any such bid is nonetheless made, in the event of such bid being successful it will be legally binding and the Seller will pay to Maak the Buyer’s Premium in addition to the Commission and other charges.

 

36. Post-Auction Authority for Unsold Lots

36.1  Where a Lot remains unsold at the close of an Auction, the Seller authorises Maak, for a period of 30 days following the date of the Auction (or such other period as may be agreed in writing) (the “Post-Auction Period”), to offer the Lot for sale and to accept a bid at or above the Reserve.

36.2  Where a bid at or above the Reserve is received during the Post-Auction Period, Maak is authorised to conclude a binding Sale on behalf of the Seller without further reference to the Seller.

36.3  During the Post-Auction Period:

(a) Maak may exercise its discretion under clause 30.6 to accept a bid below the Reserve on the basis set out in that clause; or

(b) Maak may, with the Seller’s prior written agreement, accept a bid below the Reserve, in which case the Seller shall be accounted for Sale Proceeds calculated by reference to the actual Hammer Price achieved.

36.4  Any Sale concluded pursuant to this clause shall be treated as having been made under these Auction Terms & Conditions and shall be subject to the same Commission, charges and other terms as would have applied had the Lot been sold during the Auction.

36.5  The Seller may withdraw the authority granted under this clause at any time prior to acceptance of a bid by giving written notice to Maak.

 

37. Payment of Sale Proceeds to Seller

37.1  Maak shall pay the Seller the net Sale Proceeds 28 days after the Sale, provided that the full Purchase Price has been received by Maak from the Buyer in cleared funds and completion of all applicable compliance checks.

37.2  The net Sale Proceeds shall be calculated as the Hammer Price less Commission, Handling Charge, VAT, and any other agreed charges.

37.3  Maak may withhold payment of Sale Proceeds where required to do so by law or where a dispute arises in relation to title, authenticity, compliance or Buyer default.

37.4  Maak’s preferred method of payment is by bank transfer, to account details in the name as stated on the Consignment Contract and as provided by the Seller. The Seller agrees to Maak deducting any fees charged for such transfers from the amount transferred.

37.5  Maak may deduct from the Sale Proceeds any money due to Maak from the Seller whether relating to this or any other Lot.

37.6  If the Buyer fails or refuses to pay the Purchase Price for the Lot, in accordance with their obligations to do so, Maak will notify the Seller as soon as practicable and a course of action agreed. Maak will not be liable to pay the Seller any amount due but not paid from the Buyer.

 

38. Where the Seller is a Trader:

38.1  the Seller will comply with all applicable laws in relation to the Contract of Sale

38.2  the Seller will do all things requested by Maak in order to comply with the provisions set out in clause 25 in the Terms & Conditions for Buyers;

38.2.1   If the Seller is a Trader and the Buyer is a Consumer in an Online-Only Auction, the Buyer may have the right to cancel their purchase of the Lot from the date of the Online-Only Auction until the date that is fourteen days after the day the Buyer (or their agent) took possession of the Lot (the “Cancellation Period”) (e.g. if an auction took place on 1st January and the Lot was collected by the Buyer on 10th January, the Buyer may notify Maak that they wish to cancel the purchase up to the end of 24th January. If the Buyer notifies Maak during the Cancellation Period that they wish to cancel the purchase of the Lot, Maak will promptly notify the Seller in writing (a “Cancellation Notice”).

38.2.2   If the Buyer is a Consumer and has paid for and collected the Lot, Maak will pay the net sum due to the Seller on the later of: (a) 28 days after the last day of the Online-Only Auction; and (b) the end of the Cancellation Period, in each case if no Cancellation Notice is received. If the Buyer is a consumer, has paid for the Lot but has not collected it within 28 days of the last day of the Online-Only Auction, Maak will pay the Sale Proceeds to the Seller as set out in Clause 37 and if we do receive a Cancellation Notice from the Buyer, the Seller will promptly, and in any event within 7 days, transfer to Maak a sum equal to the Sale Proceeds so that we may refund the Buyer. Maak will not refund the Buyer until the Lot has been returned to us or the Buyer has provided us with proof of shipping the Lot to us. Please note that failure to transfer this sum to Maak will be a breach of these Terms and Conditions for Sellers, for which we may take legal action against you. Further information regarding a Consumer Buyer’s right to cancel is set out in the ‘Online-Only Auctions – Additional Provisions (Consumers)’ in the Terms and Conditions for Buyers section.

 

39. Seller Warranties

39.1  The Seller warrants that:

(a) they have good and marketable title to the Lot;

(b) the Lot is free from any third-party claims, liens or encumbrances;

(c) all information provided to Maak is accurate and complete.

 

40. Seller Indemnities

40.1  The Seller shall indemnify and hold harmless Maak against any and all losses, liabilities, costs, claims, demands, damages and expenses which Maak suffers or incurs as a result of or in connection with:

    1. any breach of the Seller’s warranties
    2. any claim relating to title or authenticity
    3. any breach of these Terms and Conditions by the Seller
    4. any action Maak takes on the Seller’s behalf pursuant to the Online-Only Auctions – Additional Provisions (Consumers)
    5. This indemnity shall survive the sale of the Lot and termination of the Seller’s relationship with Maak.

 

 

AUTHENTICITY, FORGERY & CLAIMS

 

41. Maak Authenticity Guarantee

41.1  Notwithstanding any other provision of these Auction Terms and Conditions, where Maak sells a Lot which is later accepted as being a Deliberate Forgery, Maak shall, subject to the provisions of this clause, rescind the Sale and refund to the Buyer the total amount paid by the Buyer to Maak for that Lot, up to a maximum of the Purchase Price.

41.2  The Maak Authenticity Guarantee:

41.3  A Deliberate Forgery is a Lot, which in Maak’s reasonable opinion, is an imitation intended by the maker or any other person to deceive as to authorship, attribution, origin, authenticity, style, date, age, period, provenance, culture, source or composition, which at the date of the Auction had a value materially less than it would have had if the lot had not been such an imitation, and which is not described to be such an imitation in any description of the Lot.

41.4  A Lot will not be regarded as a Deliberate Forgery by reason only of any damage to, and/or restoration and/or modification having been carried out on the Lot.

41.5  The Maak Authenticity Guarantee shall not apply where:

(i) The Lot Description was in accordance with the generally accepted opinions of scholars and experts at the date of the sale, or the Lot Description indicated that there was a conflict of such opinions; or

(ii) The only method of establishing at the date of the sale that the item was a Deliberate Forgery would have been by means of processes not then generally available or accepted, unreasonably expensive or impractical, or likely to have caused damage to or loss in value to the Lot in Maak’s reasonable opinion; or

(iii) There has been no material loss in value of the Lot from the value it would have had if it had it accorded with its Lot Description.

 

42. Buyer Claims under the Maak Authenticity Guarantee

42.1  To claim under the Maak Authenticity Guarantee, the Buyer must:

(i) Notify Maak in writing within one (1) month of receiving any information that causes the Buyer to question the authenticity or attribution of the Lot, specifying the lot number, date of the Auction at which it was purchased and the reasons for the claim; and

(ii) Return the Lot to Maak in the same condition as at the date of sale and be able to transfer good title to the Lot to Maak, free from any third party claims arising after the date of the sale.

42.2  Maak may, in its absolute discretion, waive any of the above requirements.

42.3  Maak may require the Buyer to obtain, at the Buyer's cost, reports from up to two independent and recognised experts in the relevant field. Maak shall not be bound by any reports produced by the Buyer and reserves the right to obtain further expert advice at its own expense.

42.4  Where Maak determines that a Sale should be rescinded under the Maak Authenticity Guarantee, Maak may, at its discretion, reimburse the Buyer for the reasonable costs of up to two mutually approved independent expert reports, provided that such costs were approved in advance and in writing by Maak.

 

43. Seller Reimbursement following a Deliberate Forgery

43.1  Where Maak is obliged under the Maak Authenticity Guarantee to rescind a Sale and refund the Purchase Price to the Buyer in respect of a Lot accepted as being a Deliberate Forgery, and Maak has already paid the Seller the net Sale Proceeds in respect of that Lot, the Seller shall reimburse Maak an amount equal to those net Sale Proceeds.

43.2  The Seller’s obligation to reimburse Maak under this clause shall not arise where the Seller demonstrates that:

(a) the Seller acted honestly and reasonably and had no knowledge of the forgery at the time of consignment; and
(b) Maak knew, or on the basis of information actually available to it at the time of sale reasonably ought to have known, that the Lot was a Deliberate Forgery.

43.3  The Seller’s reimbursement obligations under this clause are without prejudice to any other rights or remedies available to Maak under these Auction Terms and Conditions.

 

44. Priority

44.1  The Maak Authenticity Guarantee and the related provisions of this section apply notwithstanding any general limitation or exclusion of liability contained elsewhere in these Auction Terms and Conditions.

 

 

LIABILITY, RISK & EXCEPTIONAL EVENTS

 

45. General Limitation of Liability

45.1  Nothing in these Auction Terms & Conditions excludes or limits liability for:

(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any other liability which cannot be excluded or limited by law.

45.2  Subject to clause 45.1, to the Authenticity, Forgery & Claims provisions, and to the Insurance, Custody & Loss of Lots provisions

(a) Maak’s total liability to a Buyer in respect of any claim arising out of or in connection with a Sale shall not exceed the Purchase Price of the relevant Lot;

(b) Maak’s total liability to a Seller in respect of any claim arising out of or in connection with the consignment or sale of a Lot shall not exceed the Sale Proceeds payable to the Seller in respect of that Lot;

(c) Maak shall have no liability to a Bidder who does not become the Buyer, save as required by law.

45.3  Subject to clause 45.1, Maak shall not be liable for any:

(a) loss of profit;
(b) loss of business;
(c) loss of opportunity;
(d) loss of goodwill; or
(e) any indirect or consequential loss,

whether arising in contract, tort (including negligence), breach of statutory duty or otherwise.

 

46. Information and Auction Conduct

46.1  All oral and written information provided by Maak in relation to a Lot, including catalogue descriptions, condition information, estimates and other statements, is provided in good faith and is believed to be accurate at the time given, but is subject to the limitations and exclusions set out in these Auction Terms & Conditions.

46.2  Subject to the Authenticity, Forgery & Claims provisions and to clause 45.1 (Non-Excludable Liability), neither Maak nor the Seller shall be liable for any error or omission in such information, nor for any act or omission in connection with the conduct of an Auction, except where such liability cannot be excluded by law.

46.3  Any claim against Maak and/or the Seller by a Bidder or Buyer arising out of or in connection with an Auction or sale shall, subject to clause 45.1 and the Authenticity, Forgery & Claims provisions, be limited in accordance with the General Limitation of Liability set out above.

 

47. Liability at Auction Venues

47.1  All persons attending Maak’s premises or any premises at which Maak conducts viewings or Auctions do so at their own risk.

47.2  Maak shall not be liable for any loss of or damage to the property of any person attending an Auction or viewing, except where such loss or damage is caused by Maak’s negligence.

47.3  Nothing in these Auction Terms & Conditions excludes or limits Maak’s liability for death or personal injury caused by its negligence or for any other liability which cannot be excluded or limited by law.

 

48. Insurance, Custody & Loss of Lots

48.1  Insurance While in Custody

48.1.1   While a Lot is in Maak’s custody prior to the formation of a Sale, Maak shall hold the Lot as bailee and shall take reasonable care of it.

48.1.2   While a Lot is in Maak’s custody prior to collection by the Buyer, the Lot shall be insured under Maak’s insurance policy, subject always to the terms, conditions, exclusions and limits of that policy.

48.1.3  Such insurance cover applies only while the Lot is in Maak’s physical custody and control and does not extend to:

48.1.4  Nothing in these Auction Terms & Conditions constitutes a representation that a Lot is insured for its full market value.

48.2  Loss of or Damage to a Lot Prior to Sale

48.2.1   If a Lot is lost or damaged while in Maak’s custody prior to the formation of a Sale, the Seller shall be entitled, subject to the terms of Maak’s insurance policy, to compensation calculated by reference to the mid-point of the pre-sale estimate for the Lot, less the commission, VAT and handling charges that would have been payable had the Lot been sold at that amount.

48.2.2   Payment to the Seller under this clause shall constitute full and final settlement of all claims by the Seller in respect of that Lot.

48.3  Loss of or Damage to a Lot After Sale but Before Payment

48.3.1   If a Lot has been sold but the Buyer has not yet paid the Purchase Price in full, and the Lot is lost or damaged while still in Maak’s custody, Maak may cancel the Sale.

48.3.2   In such circumstances, and subject to the terms of Maak’s insurance policy, the Seller shall be entitled to compensation calculated by reference to the Hammer Price, less the commission, VAT and handling charges that would have been payable had the Sale completed.

48.3.3   Upon payment under clause 48.3.2, the Sale shall be treated as rescinded and neither the Seller nor the Buyer shall have any further claim in respect of that Lot.

48.4  Loss of or Damage to a Lot After Risk Has Passed

48.4.1   Risk in a Lot passes to the Buyer at the time the Sale is formed.

48.4.2   If a Lot is lost or damaged after risk has passed to the Buyer but while still in Maak’s custody pending collection, Maak shall not be contractually liable for such loss or damage.

48.4.3   Notwithstanding clause 48.4.2, where insurance responds to such loss or damage, Maak may, at its discretion and without admission of liability, compensate the Buyer up to a maximum of the Purchase Price.

48.4.4   Any payment made under clause 48.4.3 shall not affect the passing of risk under clause 48.4.1.

48.5  Maak shall not be liable for:

(a) normal wear and tear;
(b) gradual deterioration;
(c) inherent vice or defect;
(d) acts or omissions of third-party carriers or contractors engaged by or on behalf of the Seller or Buyer; or
(e) any loss or damage arising from events beyond Maak’s reasonable control.

 

49. Force Majeure and Exceptional Events

49.1  Maak shall not be liable for any delay, suspension, cancellation or failure to perform its obligations where such delay or failure results from events beyond its reasonable control, including (without limitation):

49.2 Where such an event occurs, Maak may:

(a) suspend, postpone or cancel an Auction;
(b) withdraw or re-offer any Lot;
(c) delay release or delivery of any Lot;
(d) take such other steps as it considers reasonably necessary in the circumstances.

 

50. No Personal Liability of Employees or Agents

50.1  No employee, director, consultant or agent of Maak shall be personally liable to any Bidder, Buyer or Seller in respect of any representation, act or omission in connection with an Auction or sale.

 

51. Third Party Liability

51.1 Third-Party Claims Relating to a Lot

Maak shall not be liable for any claim brought by a third party in relation to a Lot, including (without limitation) claims relating to:

Responsibility for such claims shall rest with the Seller or Buyer, as applicable.

51.2 Liability Arising from Acts or Omissions of Sellers or Buyers

Maak shall not be liable for any loss, damage, liability or expense arising from:

51.3 Third-Party Service Providers and Platforms

Maak may use third-party service providers, including bidding platforms, payment processors, carriers, storage providers and contractors.

Maak shall not be liable for:

 

 

COMPLIANCE, DATA & GENERAL PROVISIONS

 

52. Anti-Money Laundering & Sanctions

52.1  As a registered Art Market Professional, Maak is subject to applicable anti-money laundering, counter-terrorist financing and sanctions legislation.

52.2  Maak may require any Bidder, Buyer or Seller to provide proof of identity, address, source of funds or such other information as Maak reasonably requires in order to comply with applicable law.

52.3  Maak may refuse to register a Bidder, withhold release of a Lot, delay payment of Sale Proceeds, cancel a Sale or terminate a consignment where required to comply with applicable law.

 

53. Export & Cultural Property

53.1  The Buyer is solely responsible for obtaining any export licence, cultural property permit, CITES permit, or other governmental authorisation required for the export, import or movement of a Lot.

53.2  The refusal, delay or requirement of any export or import licence or permit shall not justify cancellation of the Sale, nor shall it delay or excuse the Buyer’s obligation to make payment in full.

53.3  Maak makes no representation or warranty that a Lot is capable of export from any jurisdiction or import into any jurisdiction.

53.4  Where a Lot is subject to export restrictions or cultural property controls, the Buyer shall comply with all applicable laws and regulations and shall indemnify Maak against any loss arising from a failure to do so.

 

54. Data Protection

54.1  Maak processes personal data in accordance with applicable data protection legislation.

54.2  Further information regarding the processing of personal data is set out in Appendix II (Data Protection) and Maak’s Privacy Policy available on its website.

 

55. Notices

55.1  Any notice under these Auction Terms & Conditions shall be in writing and may be delivered by hand, post or email to the contact details last notified to the other party.

55.2  Email shall be deemed received on transmission unless a delivery failure notification is received.

 

56. Entire Agreement

56.1  These Auction Terms & Conditions, together with the applicable Consignment Contract and any written agreement expressly incorporated, constitute the entire agreement between the parties.

56.2  No party has relied on any statement not expressly set out in these Auction Terms & Conditions.

 

57. Severability

57.1  If any provision of these Auction Terms & Conditions is found by a court to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

 

58. Waiver

58.1  No failure or delay by Maak in exercising any right shall constitute a waiver of that right.

 

59. Third Party Rights

59.1 No person other than the parties to a Contract of Sale shall have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of these Auction Terms & Conditions.

 

60. Governing Law & Jurisdiction

60.1  These Auction Terms & Conditions and any Contract of Sale shall be governed by and construed in accordance with the laws of England and Wales.

60.2  The courts of England and Wales shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these Auction Terms & Conditions or any Auction or sale conducted by Maak.

 

 

 

 

 

 

 

 

 

4. Increments

4.1 Bidding increments are set at the discretion of Maak and are generally set at 10% of the Current Bid

4.2 Where appropriate any Bids submitted that do not comply with the preset increments will be accepted and rounded down to the nearest correct Bid, not exceeding the Maximum Bid amount submitted

5. Withdrawal of Lots

5.1 Maak reserves the right to withdraw any Lot, refuse a Bidder’s registration and refuse Bids, and to otherwise regulate the bidding at anytime.

6. Purchase Price

6.1 The price payable by the Buyer to Maak is equal to the sum of the Hammer Price and Buyer’s Premium of 25% plus VAT at the appropriate rate and any applicable Artist Resale Right premium.

6.2 Buyer’s Premium is calculated at 25% of the Hammer Price and is subject to VAT.

6.3 Artist Resale Right

On certain Lots marked ‘AR’ in the Catalogue that are sold for a Hammer Price of £1,000 or greater an additional premium will be payable to Maak by the Buyer to cover our expenses relating to the payment of royalties under the Artist Resale Right Regulations 2006. The additional premium will be a percentage of the amount of the hammer price calculated in accordance with the table below, and shall not exceed the equivalent of £12,500.

Hammer Price                                          Percentage Amount

From £0 to £50,000                                 4%

From £50,000.01 to £200,000                 3%

From £200,000.01 to £350,000               1%

From £350,000.01 to £500,000               0.5%

Exceeding £500,000                                 0.25%

7. VAT

As standard all lots are sold under the Auctioneer Margin Scheme and as such no VAT is charged on the hammer price, but VAT at the prevailing rate, currently 20%, will be added to the buyer’s premium and shown as an inclusive amount.

The following symbols are used to denote what VAT is due on the hammer price and buyer’s premium:

† VAT at 20% on hammer price and 20% on the buyer’s premium

* imported items at reduced rate with 5% due on hammer price in lieu of import VAT and 20% on buyer’s premium

Ω imported items with 20% due on hammer price in lieu of import VAT and 20% on buyer’s premium

● Zero rated for VAT, no VAT will be added to the hammer price or the buyer’s premium

8. Payment

8.1 Payment of the total Purchase Price will be due from a successful Bidder in cleared funds within seven (7) days of the Auction end. Payment must be by one of the methods stated below. Payment made by anyone other than the registered buyer will not be accepted.

Maak’s preferred payment method is by bank transfer.

Bank Transfer: You may electronically transfer funds to the Maak Client Account. Please quote your invoice number and Surname as the reference. The Maak Client Account details are:

Bank: HSBC Bank plc
Address: 26 Broad Street, Reading, Berkshire RG1 2BU
Account Name: Maak London Ltd
Sort Code: 40-38-04
Account Number: 15079829
IBAN Number: GB11HBUK40380415079829
BIC: HBUKGB4B

If paying by bank transfer the amount received after the deduction of any bank fees and/or conversion of the currency of payment into Sterling must not be less than the Sterling amount payable, as set out on the invoice.

Cheques: Sterling personal cheque drawn on a UK branch of a bank or building society: all cheques must be cleared prior to collection of Purchased Lots. Cheques must be made payable to Maak.

Cash: You may pay for Lots purchased by you in the Auction in Sterling Cash, provided that the total amount payable in respect of all Lots purchased by you in the Auction does not exceed £5,000. If the amount payable exceeds that sum, the balance must be paid by other means.

UK and EU Consumer Debit Cards and Credit Cards There is no additional charge for purchases made with personal consumer debit and credit cards issued by a bank within the EEA.

All Commercial Cards and Non-EU Debit Cards and Credit Cards  For all Commercial Debit and Credit Card payments and payments made with debit and credit cards issued by a bank outside the EEA there is a 2.5% surcharge on the total invoice value.

9. Transfer of Title

9.1 Title to the Lot will only pass to the Buyer on receipt by Maak in cleared funds of the full Purchase Price and the Lot will not be released to the Buyer until such time.

10. Collection and Delivery

10.1 Collection by the Buyer:

10.1.1 Collection of a Lot is at the risk and expense of the Buyer

10.1.2 If the Buyer has asked to collect the purchased Lot from Maak’s premises, the Buyer can collect it from Maak by appointment during our working hours of 9:00 am to 5:30 pm on weekdays (excluding public holidays);

10.1.3 Details relating to the Collection and Storage of a Lot after an Auction are set out in Bidder Info on the Website; and

10.1.4 For all sold Lots not collected within 14 days of the Auction end without prior arrangement, Maak reserves the right to charge storage a daily rate of £1.50 per lot and storage will be at the Buyer’s risk

10.2 Delivery. Maak does not offer delivery on any of the purchased Lots but please see our Website for information on how to arrange delivery through local delivery services. Any arrangement for delivery will be between the Buyer and the relevant third party providing the delivery service. Maak will have no liability in respect of such arrangement. If the Buyer is not available to accept delivery from the relevant third party then the Buyer will be required to arrange re-delivery with the relevant third party. If the Lot is returned to Maak as a result of the Buyer’s failure to accept delivery then the rights available to Maak under clause 12 will apply.

10.3 It is the sole responsibility of the Buyer to comply with all export and import regulations relating to your purchases and also to obtain any relevant export and/or import licence(s). Please refer to the Notice for Bidders for all shipping enquiries and enquires relating to import and export licences.

11.  Additional provisions applicable to Online Only Auctions 

IMPORTANT: this clause 11 will apply where the Buyer is a Consumer and the Seller is a Trader and the purchase of a Lot is completed through an Online Only Auction. If the Buyer is unsure about whether this clause 11 applies or any of these terms contained in this clause 11 apply please contact us or for more detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

 

11.1 The Seller is not responsible for delays outside their control. If the making available of a purchase is delayed by an event outside the Seller’s control then Maak or the Seller will contact the Buyer as soon as possible to let the Buyer know and the Seller will take steps to minimise the effect of the delay or Maak will ask the Seller to do so where applicable. Provided the Seller does this the Seller will not be liable for delays caused by the event, but if there is a risk of substantial delay the Buyer may contact Maak as agent for the Seller to end the Contract for Sale and receive a refund for any Lot the Buyer has paid for but not received.

11.2 The Buyers rights to end the Contract for Sale.

11.2.1 When the Buyer can end the Contract for Sale.  The Buyer’s rights to end the Contract for Sale will depend on what they have bought, whether there is anything wrong with it, and how the Seller is performing the Contract for Sale and when the Buyer decides to end the Contract for Sale:

 11.2.1.1 If what the Buyer has bought is faulty or misdescribed the Buyer may have a legal right to end the Contract for Sale of the relevant Lot;

11.2.1.2 If the Buyer wants to end the contract because of something the Seller has done or which the Seller has told the Buyer they going to do; or

11.2.1.3 If the Buyer has just changed their mind about the purchase made under the relevant Contract for Sale, please see clause 11.3. In such circumstances the Buyer may be able to get a refund if they are within the cooling-off period, but this may be subject to deductions and the Buyer will have to pay the costs of return of the relevant Lot.

11.2.2 Ending the Contract for Sale because of something the Seller has done or is going to do. If the Buyer is ending the Contract for Sale because the Buyer has a legal right to end the Contract for Sale because of something the Seller has done wrong, the Contract for Sale will end immediately and the Seller will refund the Buyer in full the price paid for any purchases which have not been provided under that Contract for Sale and the Buyer may also be entitled to compensation.

11.3 Exercising the Buyer’s right to change their mind (Consumer Contracts Regulations 2013). For most products bought by a Consumer from a Trader online, the Consumer will have a legal right to change their mind within 14 days and receive a refund.  These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in clauses 11.2.1.3, 11.5 and 11.6 in these Conditions of Sale. These rights only apply in certain circumstances. Please contact us or contact Citizens Advice Bureau (contact details above) for further information.

11.4 Our authenticity guarantee. Please see clause 13 for Maak’s authenticity guarantee. The authenticity guarantee does not affect the Buyer’s legal rights in relation to a faulty or misdescribed Lot.

11.5 How long does the Buyer have to change their mind? The Buyer has 14 days after the day the Buyer (or someone the Buyer nominates) receives the Lot to exercise their right to change their mind.

11.6 How to end the Contract for Sale (including if you have changed your mind):

11.6.1 Tell Maak (on behalf of the Seller) you want to end the Contract for Sale by doing one of the following:

11.6.1.1 Phone or email. Call Maak on +44 (0)1628 290 050 or email at info@maaklondon.com. Please provide your name, home address, details of the Lot and, where available, your phone number and email address.

11.6.1.2 By post. Print the model cancellation form set out in appendix III and post it to Maak at 5 Spring Meadows Business Centre, Highfield Lane, Crazies Hill, Berkshire RG10 8PU or email it to us info@maaklondon.com. Or simply write to Maak at that address, including details of what you bought, when you ordered or received it and your name and address.

11.7 Returning a Lot after ending the Contract for Sale. If the Buyer ends the Contract for Sale for any reason after delivery has been arranged in respect of the relevant Lot or the Buyer has received the relevant Lot, the Buyer must return the Lot to Maak or the Seller as directed by Maak. The Buyer must either return the relevant Lot in person, post it to Maak at 5 Spring Meadows Business Centre, Highfield Lane, Crazies Hill, Berkshire RG10 8PU or the Seller at such address as notified to the Buyer by Maak (if the Lot is not suitable for posting), allow Maak or the Seller to collect it from the Buyer. Please call Maak on +44 (0)1628 290 050 or email at info@maaklondon.com.  If the Buyer is exercising their right to change their mind they must send off the relevant Lot within 14 days of telling Maak they wish to end the Contract for Sale. Where the Buyer is returning the relevant Lot to Maak or the Seller we recommend the Buyer obtains appropriate insurance and retains proof of postage as the relevant Lot remains at the Buyer’s risk until the Lot is received by Maak or the Seller (or any person acting on their respective behalf) or Maak or the Seller’s nominated courier – where the Seller is paying the costs of return under clause 11.8 below, please contact Maak for details of the required insurance arrangements.

11.8 When the Seller will pay the costs of return. The Seller will pay the costs of return:

11.8.1 if the relevant Lot  is faulty or misdescribed; or

11.8.2 if there is a delay in making the Lot available for delivery due to events outside the Seller’s control or because the Buyer has a legal right to do so as a result of something the Seller has done wrong in relation to the Contract for Sale.

In all other circumstances (including where you are exercising your right to change your mind) the Buyer must pay the costs of return.

11.9 Charges for Collection. If the Buyer is responsible for the costs of return and the Seller (or Maak on behalf of the Seller) is collecting the relevant Lot from the Buyer, the Buyer will be charged the direct and reasonable cost of collection.

11.10 How the Buyer will be refunded.  Where a refund is due under this clause 11 the Buyer will be refunded the price the Buyer paid for the Lot, by the method used for payment. However, deductions may be made from the price, as described below.

11.11 Deductions from refunds if the Buyer is exercising their right to change their mind. If the Buyer is exercising their right to change their mind:

11.11.1 the Buyer’s refund of the price may be reduced to reflect any reduction in the value of the Lot, if this has been caused by the Buyer’s handling them in a way which would not be permitted in a shop; and

11.11.2 the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method the Seller offers. For example, if the Seller offers delivery of a Lot within 3-5 days at one cost but the Buyer chooses to have the Lot delivered within 24 hours at a higher cost, then we the Seller will only refund what the Buyer would have paid for the cheaper delivery option.

11.12 When the Buyer’s refund will be made. Any refunds due to the Buyer will be made by the Seller as soon as possible.  If the Buyer is exercising their right to change their mind then:

11.12.1 If Maak or the Seller has not offered to collect the Lot, the Buyer’s refund will be made within 14 days after the day on which Maak or the Seller receives the Lot back from the Buyer or (if earlier) the day on which the Buyer supplies evidence of having sent the Lot back to or the Seller; or

11.12.2 In all other cases, the Buyer’s refund will be made within 14 days after the day the Buyer tells Maak or the Seller the Buyer has changed their mind.

11.13 The Buyer must compensate the Seller if they break the Contract for Sale. If the Seller ends the Contract for Sale in the situations permitted in these Conditions of Sale, the Seller will refund any money the Buyer has paid for any Lot which has not been received by the Buyer pursuant to that Contract for Sale, but the Seller may deduct or charge the Buyer reasonable compensation for the net costs the Seller will incur as a result of the Buyer breaking the Contract for Sale.

11.14 If there is a problem with the Lot

If the Buyer has any questions or complaints about the Lot, in the first instance please contact Maak. The Buyer can telephone Maak at +44 (0)1628 290 050 or write to Maak at info@maaklondon.com or 5 Spring Meadows Business Centre, Highfield Lane, Crazies Hill, Berkshire RG10 8PU.

11.15 Any Lot supplied must conform to the Contract of Sale. The Seller is under a legal duty to supply Lots that are in conformity with the Contract for Sale.

 

12. Failure to make Payment or Remove the Lot

12.1 If the Buyer without prior agreement fails to make payment for the lot within seven (7) days of the Auction end and/or the lot is not removed in accordance with this agreement, Maak may in our sole discretion exercise one or more of the following remedies (without prejudice to any rights that the Seller may have):

(i) Store the lot at Maak’s storage facility or elsewhere at the Buyer’s sole risk and expense;

(ii) Cancel the sale of the lot;

(iii) Set off any amounts owed to the Buyer by Maak against any amounts owed to Maak by the Buyer for the lot;

(iv) Reject future bids from the Buyer;

(v) Charge interest at 5% per annum above The Bank of England’s Base Rate from the Payment Date to the date that the Purchase Price is received in cleared funds;

(vi) Re-sell the Lot by Auction or Private Treaty, following 3 months written notice to the Buyer, with Estimates and Reserves at Maak’s discretion. The Buyer will remain liable for any shortfall between the original Purchase Price and the amount achieved on re-sale, including all costs incurred in such re-sale. The sale proceeds, less all Maak’s costs, will be forfeited unless collected by the Buyer within 2 years of the original auction.

(vii) Exercise a lien over any of the Buyer’s other property in Maak’s possession, applying the sale proceeds to any amounts owed by the Buyer to Maak. Maak shall give the Buyer 60 days written notice before exercising such lien;

(viii) Commence legal proceedings to recover the Purchase Price for the lot, plus interest and legal costs;

(ix) Disclose the Buyer’s details to the Seller to enable the Seller to commence legal proceedings

13. Maak Authenticity Guarantee

13.1 Notwithstanding the terms set out in condition 3, if Maak sells a Lot which is later shown to be a Deliberate Forgery, subject to the terms below Maak will rescind the sale and refund the Buyer the total amount paid by the Buyer to Maak for that Lot, up to a maximum of the Purchase Price.

13.2 The Guarantee lasts for one (1) year after the date of the relevant auction, is for the benefit of the Buyer only and is non-transferable.

13.3 A Deliberate Forgery is a Lot that in Maak’s reasonable opinion is an imitation intended by the maker or any other person to deceive as to authorship, attribution, origin, authenticity, style, date, age, period, provenance, culture, source or composition, which at the date of the Auction had a value materially less than it would have had if the lot had not been such an imitation, and which is not stated to be such an imitation in any description of the Lot.

13.4 A Lot will not be a Deliberate Forgery by reason of any damage to, and/or restoration and/or modification work having been carried out on the Lot.

13.5 Please note that this Guarantee does not apply if either:-

(i) The catalogue description was in accordance with the generally accepted opinions of scholars and experts at the date of the sale, or the catalogue description indicated that there was a conflict of such opinions; or

(ii) The only method of establishing at the date of the sale that the item was a Deliberate Forgery would have been by means of processes not then generally available or accepted, unreasonably expensive or impractical, or likely to have caused damage to or loss in value to the Property in Maak’s reasonable opinion; or

(iii) There has been no material loss in value of the Property from its value had it accorded with its catalogue description.

13.6 To claim under this Guarantee, the Buyer must:

(i) Notify Maak in writing within one (1) month of receiving any information that causes the Buyer to question the authenticity or attribution of the Property, specifying the lot number, date of the auction at which it was purchased and the reasons why it is believed to be Counterfeit; and

(ii) Return the Property to Maak in the same condition as at the date of sale and be able to transfer good title in the Property, free from any third party claims arising after the date of the sale.

13.7 Maak has discretion to waive any of the above requirements.

13.8 Maak may require the Buyer to obtain at the Buyer's cost the reports of two independent and recognised experts in the relevant field. Maak shall not be bound by any reports produced by the Buyer, and reserves the right to seek additional expert advice at our own expense. In the event Maak decides to rescind the sale under this Guarantee, it may refund to the Buyer the reasonable costs of up to two mutually approved independent expert reports, provided always that the costs of such reports have been approved in advance and in writing by Maak.

14. Exclusions and limitations of liability to Buyers

14.1 Maak shall refund the Purchase Price to the Buyer in circumstances where it deems that the lot is a Deliberate Forgery, subject to the terms of Maak’s Authenticity Guarantee as outlined in Condition 13.

14.2 Subject to Condition 14.1, neither Maak nor the Seller:

(i) Is liable for any errors or omissions in any oral or written information provided to Bidders by Maak, whether negligent or otherwise;

(ii) Gives any guarantee or warranty to Bidders and any implied warranties and conditions are excluded (save in so far as such obligations cannot be excluded by English law), other than the express warranties given by the Seller to the Buyer (for which the Seller is solely responsible) under the Conditions of Business for Sellers;

(iii) Accepts responsibility to Bidders for acts or omissions (whether negligent or otherwise) by Maak in connection with the conduct of auctions or for any matter relating to the sale of any lot.

14.3 Without prejudice to Condition 14.2, any claim against Maak and/or the Seller by a Bidder is limited to the Purchase Price for the relevant Lot. Neither Maak nor the Seller shall be liable for any indirect or consequential losses.

14.4 Nothing in Condition 14 shall exclude or limit the liability of Maak or the Seller for death or personal injury caused by the negligent acts or omissions of Maak or the Seller.

15. Third Party Liability

All members of the public on the premises of the Auction Venues are there at their own risk and must note the lay-out of the accommodation and security arrangements. Accordingly Maak shall not incur liability for death or personal injury, except as required by law by reason of our negligence, or similarly for the safety of the property of persons visiting the Venue.

 

 

Appendix I: DEFINITIONS

 

In these Auction Terms & Conditions, the following expressions have the following meanings unless the context otherwise requires:

 

"Auction" means a timed auction conducted by Maak via its online bidding platform in accordance with these Auction Terms & Conditions.

“Artist Resale Right” or “ARR” is the royalty payable under the Artist’s Resale Right Regulations 2006.

“Bid” means an offer to purchase a Lot made by a Bidder during an Auction.

"Bidder" is any person making, attempting or considering making a bid on a Lot, including buyers either through the Maak iRostrum bidding platform or any other means, also referred to as ‘you’.

“Buyer” is the person who makes the highest Successful Bid or offer on a Lot accepted by the Maak iRostrum bidding platform or Maak, also referred to as ‘you’.

"Buyer's Premium" is the commission payable by the buyer on the Hammer Price at the rates set out in the Notice to Bidders.

"Commission" is the commission payable by the Seller to Maak calculated as a percentage of Hammer Price at the rate stated in the Consignment Contract.

"Condition Report" is a formal written report on the physical condition of a Lot provided to a Bidder by Maak on request

“Condition Statement” is any brief description of the condition as mentioned in the Catalogue or provided orally by Maak on behalf of the Seller

“Consignment Contract” is the form listing the items consigned by the Seller to Maak. On signing the Consignment Contract the Seller authorises Maak as their agent to sell the Lot(s) at the agreed Estimates and Reserves as listed on the Consignment Contract or confirmed in writing at a later date, either by Auction or Private Treaty

“Consumer” means an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession.

“Contract of Sale” is the contract formed between the Buyer and Seller at the close of bidding when a Successful Bid is accepted.

"Deliberate Forgery" is a Lot that in Maak’s reasonable opinion is an imitation intended by the maker or any other person to deceive as to authorship, attribution, origin, authenticity, style, date, age, period, provenance, culture, source or composition, which at the date of the Auction had a value materially less than it would have had if the lot had not been such an imitation, and which is not stated to be such an imitation in any description of the Lot.

"Description" is any statement or representation in any way descriptive of the Lot, including any statement or representation relating to its authorship, attribution, condition, provenance, authenticity, style, period, age, suitability, quality, origin, value, estimated selling price (including the Hammer Price).

"Estimate" is a statement of Maak’s opinion of the range within which the Hammer Price is likely to fall.

"Hammer Price" is the highest bid accepted by Maak for a Lot that equals or exceeds the Reserve price

“Handling Charge” is the charge payable by the Seller to Maak per lot per Auction as stated on the Contract.

“Lot” is any item consigned to Maak with a view to sell at Auction.

“Maak” is Maak London Ltd, incorporated and registered in England and Wales with the company number 11826294 whose registered office is at Lindenmuth House, 37 Greenham Business Park, Greenham, Thatcham, Berkshire, RG19 6HW, United Kingdom, also referred to as ‘us’, ‘our’ or ‘we’.

"Maak Authenticity Guarantee" the obligation undertaken personally by Maak to the Buyer in respect of any Deliberate Forgery

"Maak Bidding Platform" is the instance of the online bidding platform licensed by Maak and accessed via  http://www.maaklondon.com

“Maximum Bid” is the highest amount a Bidder authorises the online bidding platform to bid automatically on their behalf for a Lot.

"No Reserve" is where there is no minimum price at which a Lot may be sold.

"Notice to Bidders" the notice published on the Maak website and Maak Bidding Platform.

“Online-Only Auction” is an Auction conducted exclusively via Maak’s online bidding platform and expressly designated as an “Online-Only Auction” in the catalogue or on the Website, where no public viewing is made available.

“Post-Auction Period” is the period of 30 days following the date of the relevant Auction, or such other period as may be agreed in writing between Maak and the Seller.

"Purchase Price" is the sum payable by the Buyer of the Hammer Price, Buyer’s Premium plus VAT at the appropriate rate and any applicable Artist Resale Right premium.

"Reserve" is the confidential minimum price at which the Seller is prepared to sell a Lot, subject to Maak’s discretion under clause 30.6.

"Sale Proceeds" is the net amount due to the Seller, being the Hammer Price less Commission, Handling Charge, VAT and any other agreed charges due to Maak.

“Seller” is the person(s) offering a lot for sale as named on the Contract, including their agents or executors, also referred to as ‘you’.

“Successful Bid” is the first highest bid in any Auction as registered by the Maak iRostrum bidding platform that equals or exceeds the Reserve price at the point of the Lot’s Auction Close Time

“Trader” means a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.

"VAT" is the Value Added Tax (sales tax) and/or Import Value Added Tax as applicable and calculated at the rate at the time of sale.

"Website(s)" is the Maak website at www.maaklondon.com and/or the Maak bidding platform website at maaklondon.irostrum.com as indicated.

 

 

Appendix II: DATA PROTECTION – Use of your information

Please refer to the Maak Privacy Policy

 

 

Appendix III: Model cancellation form

 

(Complete and return this form only if you wish to withdraw from the Contract of Sale and you are a Consumer purchasing a Lot from a Seller who is a Trader completed through an Online Only Auction.)

To [TRADER'S NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, FAX NUMBER AND E-MAIL ADDRESS TO BE INSERTED BY THE TRADER]

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following Lot(s)

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate

© Crown copyright 2013.

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