These terms apply to Azca Auctions LTD.
In these Terms and Conditions, the words ‘Azca Auctions’ refer to the ‘Auction House’ and if the consignment of goods to ‘us’ is made by an agent ‘we’ assume that the ‘Seller’ has authorised the consignment and that the ‘Seller’ has ‘Azca Auctions’ ‘ authority to contract. Similarly, the words ‘we’, ‘us’, etc. refer to ‘Azca Auctions’.
The word ‘you’ refers to the ‘Seller’.
Vendors Commission to be charged on each lot at 13% plus VAT.
(a) Azca Auctions is not authorized by the Financial Services Authority (FSA) to provide insurance to its clients. However, for its own protection, Azca Auctions assumes liability for consigned property at the mid pre-sale estimate until the title passes to the buyer. To justify this, Azca Auctions charges 1.75% of the hammer price plus VAT.
The liability assumed by Azca Auctions is limited to the lower pre-sale estimate or to the reserve if the lot remains unsold. Any settlement of claims will be subject to commission as if the lot had been sold in the usual manner.
(b) If the owner of consigned goods provides written instructions to Azca Auctions not to take any action, the goods will remain entirely at the owner’s risk until the property in them passes to the Buyer or they are collected by or on behalf of the owner.
(c) Azca Auctions will not be liable for any loss or damage to frames or glass covering prints, paintings, or other works. Since old frames are frequently fragile and susceptible to deterioration, while Azca Auctions will make every effort to ensure their safekeeping, they will not provide compensation for any loss or damage resulting from changes in humidity or temperature, normal wear and tear, gradual deterioration, inherent defects, or errors in processing.
Items for sale must be consigned to the saleroom by any stated deadline and at the Seller’s expense. Azca Auctions may be able to assist the Seller with this process but any liability incurred to a carrier for haulage charges is solely the Seller’s responsibility.
Typically, goods will be presented with an agreed reserve, as outlined in clause 6, before the sale. Azca Auctions reserves the right to sell lots below the reserve, ensuring that the Seller receives the equivalent of the reserve price as proceeds. If the Seller grants Azca Auctions ‘discretion,’ the auction house can accept bids up to approximately 15% below the low estimate, and ‘wide discretion’ permits Azca Auction to accept bids up to approximately 30% below the low estimate.
Items will typically be presented with an agreed reserve, as per clause 6, before the sale. Azca Auctions reserve the right to sell items below the reserve, ensuring that the Seller receives proceeds equivalent to what they would have received had the reserve been the hammer price. If the Seller grants Azca Auction ‘discretion,’ the auction house can accept a bid of approximately 15% below the low estimate, and ‘wide discretion’ permits Azca Auctions to accept a bid of approximately 30% below the low estimate.
(a) Before the auction, the seller can set a reserve on any consigned lot, which represents the minimum hammer price at which the lot can be sold. Reserves must be reasonable, and Azca Auctions reserves the right to refuse goods that, in their opinion, have unreasonably high reserves. If Azca Auctions cannot offer the goods, they may incur storage charges if left uncollected on the auction house’s premises.
(b) Once set, the reserve cannot be altered without Azca Auction’s consent, and it must be confirmed by the Seller in writing.
(c) If a reserve has been established, Azca Auctions may bid on the Seller’s behalf, but only up to the reserve amount (if any), and under no circumstances may the Seller bid in person.
These items are subject to rigorous statutory safety regulations.
If such items are approved for sale, the Seller is responsible for the testing costs conducted by external contractors. Goods not certified as safe by an electrician (unless they are antiques) will not be accepted for sale. Upon notification, the Seller must arrange and cover the expense of their removal. Azca Auctions retain the right to dispose of unsafe goods as refuse, at the Seller’s expense.
The sale of soft furnishings is tightly regulated by statutory law for fire safety purposes. Items that violate safety regulations will not be presented for sale and must be removed at the Seller’s personal expense. Azca Auctions retain the right to dispose of unsafe goods as refuse, with the associated costs falling to the Seller.
The Seller has to provide Azca Auctions with accurate information regarding the provenance of goods when applicable. Modern consumer legislation imposes strict liability for the accuracy of descriptions, and in certain cases, the Seller is responsible if inaccuracies occur.
Azca Auctions will assume that the Seller has approved the catalogue description of their lots unless informed otherwise. In the event that Azca Auctions is required to refund the Buyer due to a deliberate forgery, and Azca Auctions has already paid the proceeds to the seller, the seller agrees to reimburse Azca Auctions for the sale proceeds. The obligation to reimburse the sale proceeds does not apply if the Seller is acting reasonably and honestly and is unaware of the forgery, or if Azca Auctions was or should have been aware of it.
Unsold items will be automatically included in the next suitable live or online auction, with the low estimate reduced by 30%.
If the revised estimate is £200 or less, the item will be offered without reserve. Alternatively, Azca Auctions may contact the seller to arrange for item collection. If the seller prefers not to re-enter the items, they should inform Azca Auctions in writing with collection instructions.
Storage charges will be incurred if items are not collected within four weeks. These charges will amount to £5 plus VAT per lot for small items, £10 plus VAT for medium items, and £25 plus VAT for large items per day. In addition, there will be an extra transfer charge of £10 plus VAT per lot for large furniture sent to an outside warehouse. If an item remains uncollected two months after the auction date, Azca Auctions reserves the right to sell the item at auction without reserve. From the ‘hammer price,’ Azca Auctions may deduct any amounts owed to them, as well as expenses from all auctions where the item was included, along with storage, loss, and damage warranty charges.
(a) A withdrawal of an item prior to the catalogue publication will incur a minimum charge of £50 plus VAT per lot. This fee encompasses storage, loss, and damage of the item while under the care of Azca Auctions.
(b) In the event of a withdrawal after the online or offline publication of the lots, charges will apply. These charges will include the vendor's commission, the loss and damage warranty, the buyer's premium, and other expenses related to the item. VAT will be applicable on all charges. The commission and premium charges will be calculated based on Azca Auctions published mid-estimate.
(c) In cases 11 (a) and 11 (b), Azca Auctions will store the withdrawn item at no charge for a period of five days. After this period, a storage charge will apply at a daily rate of £5 plus VAT for small lots, £10 plus VAT for medium lots, and £25 plus VAT per item per day, along with an additional transfer charge of £5 plus VAT per lot for items that remain uncollected.
The Seller agrees that all goods will be sold in accordance with Azca Auction's Conditions of Sale. Specifically, the Seller confirms that they have the authority to sell the goods either as the owner or as an agent for the owner. The Seller also commits to indemnify Azca Auction, the Buyer, or any third party for any losses, liabilities, and expenses resulting from any breach of this commitment.
(a) The Seller grants Azca Auctions the authority to deduct commission from the hammer price at the specified rate, along with any applicable expenses incurred on the Seller's behalf. The Seller also agrees to Azca Auction's right to retain the premium paid by the Buyer as per Azca Auctions' Conditions of Sale, and any interest accrued on the sale proceeds until the date of settlement.
(b) The Seller authorises Azca Auctions at their discretion to negotiate a sale by private treaty not later than five working days from the date of the auction in the case of lots unsold at auction, in which case the same charges will be payable as if such lots had been sold at auction and so far, as appropriate these Terms apply.
Azca Auctions waives all responsibility for goods delivered to their salesroom without adequate written sale instructions or client contact details, or without prior written agreement from Azca Auctions to accept delivery. Azca Auctions reserves the right to refuse to receive such goods or to impose a minimum warehousing charge.
The charge will be £5 plus VAT per lot for small lots, £10 plus VAT for medium lots, and £25 plus VAT per item per day, along with an additional transfer charge of £10 plus VAT per lot. Unsold lots will incur the same charges if they are not removed within a reasonable timeframe after notification. Failure to remove items within twenty-one days grants Azca Auctions the right to sell the items and cover the charges from any net proceeds of the sale, or at the client's expense, consign them to the local authority for disposal.
Lots marked with the symbol ‘~’ have been identified during cataloguing as containing organic material, which may be subject to import or export restrictions. Azca Auctions commits to fully complying with CITES and DEFRA regulations. Buyers are advised to familiarize themselves with all relevant regulations and should anticipate that arranging the export of items may take some time. Azca Auctions recommends that buyers consult their respective government authorities regarding wildlife import requirements before placing a bid.
The net sum due to the Seller is typically settled 28 days after the date of the sale via bank transfer, unless the Buyer has not paid for the goods. If the Buyer has not paid, no settlement will be made, and Azca Auctions will act based on the Seller's instructions in accordance with their Conditions of Sale. The Seller grants permission for any amounts owed to Azca Auctions from other transactions to be deducted from the sale proceeds. The Seller must acknowledge the responsibility to reimburse the proceeds of sale to Azca Auctions as outlined in Condition 9 above. Therefore, it is important for the Seller to consider this potential liability before releasing the proceeds of sale until 28 days after the sale date have passed.
The Seller acknowledges that any personal information conveyed to Azca Auctions may be disclosed solely for business purposes to a third party (ie: shippers,) or as mandated by law.
Azca Auctions will not utilize personal information for any other purpose without the Seller's prior consent. Azca Auctions affirms that personal data provided by any party will never be sold, lent, or traded.
Should Azca Auctions disclose information with a third party, its responsibility is to respect the privacy and confidentiality of its clients.
These terms apply to Azca Auctions LTD.
In these Terms and Conditions, the words ‘Azca Auctions’ refer to the ‘Auction House’. Similarly, the words ‘we’, ‘us’, etc. refer to ‘Azca Auctions’. The word ‘you’ refers to the ‘Buyer’.
As Auctioneers, we typically represent the Seller, whose identity is usually kept confidential. When you make a purchase at an auction, your contract for the purchase of the goods is with the Seller, not with Azca Auctions.
The Buyer’s Premium will be charged on each lot at 23% on the hammer price plus VAT on all lots.
a. VAT
Lots marked with a symbol are liable for VAT. The standard VAT rate will apply to both the hammer price and the premium. Marked lots indicate that the Buyer must pay VAT at the standard rate (currently 20%) on the hammer price and the buyer’s premium. Lots without a symbol are VAT exempt.
b. VAT Refunds
Buyers from outside the UK can receive a refund of the VAT charged on the Hammer Price and Buyer's Premium, or included within the Buyer's Premium instead of VAT, provided that the Buyer has:
1. Registered to bid using an address outside the UK; and
2. Discussed with us the necessary proof of export and the required timeframes to finalise the export process.
Buyers planning to export goods should confirm if an export license is necessary and check for any specific restrictions on importing such goods, such as those containing prohibited materials like ivory.
Estimates are formulated considering market conditions at the time of sale, along with factors like the item's condition, rarity, and quality. They do not provide a guarantee of the value of the item and the final selling price may fall either below or above the estimated range.
Numerous Lots are presented with a reserve price, which is the confidential minimum selling price. The reserve price will never surpass the low estimate listed in the catalogue. Azca Auctions reserve the right to commence the bidding on any Lot below the reserve by making a bid on behalf of the seller and may choose to keep bidding up to the reserve price at their discretion. This can be done by responding to other bidders or by placing successive bids.
Azca Auctions recommends Buyers to examine the Lots they are interested in prior to the sale.
a. In person bidding: bidders must register their bid with Azca Auctions in order to receive a paddle prior to the sale.
b. Telephone bidding: bidders must contact Azca Auctions to place a telephone bid should they not be able to attend in person. Azca Auctions will not be held responsible over issues relating to connectivity, resulting in the failure of the bidder to obtain their lot.
c. Commission bidding: bidders must contact Azca Auction prior to the sale and submit their maximum bid in writing.
d. Proxy bidding: buyers may be able to bid by proxy. A letter of authorization and an ID will be requested by Azca Auctions prior to the sale.
e. Online bidding: bidders are able to bid online, however, Azca Auctions will not be held responsible over issues relating to connectivity, resulting in the failure of the bidder to obtain their lot.
Azca Auctions offers free online bidding on www.azcaauctions.com. The Buyer may also bid on independent bidding platforms, where an additional fee can be imposed (see their terms and conditions for more details).
As Auctioneers, we are required to carry out various checks on our customers in accordance with Money Laundering Legislation, sanctions legislation, and other relevant regulations.
Azca Auctions will request proof of identity prior to Buyers registering in the sales.
Accepted IDs include:
a. Valid passport or driving licence.
b. Proof of address.
c. A telephone number.
d. A Bank statement or proof of funds may be requested.
e. Company documents for corporate Buyers.
Lots marked with the symbol ‘~’ have been identified during cataloging as containing organic material, which may be subject to import or export restrictions. Azca Auctions commits to fully complying with CITES and DEFRA regulations. Buyers are advised to familiarize themselves with all relevant regulations and should anticipate that arranging the export of items may take some time. Azca Auctions recommends that buyers consult their respective government authorities regarding wildlife import requirements before placing a bid.
These items are sold strictly as 'antiques' or 'decorative' pieces. If purchased for functional use, the Buyer should inspect it for compliance with safety standards by a certified electrician beforehand.
All Lots are sold as they are described, and the absence of any mention regarding the condition of a clock or watch does not imply that the Lot is in good condition, free of defects, repairs, or restorations. Many clocks and watches have undergone repairs over their lifespan and may now contain non-original parts. Additionally, we do not guarantee that any clock or watch is in working order.
Due to the intricate mechanisms in clocks and watches, Buyers should note that a general service, battery replacement, or additional repairs, for which the Buyer is solely responsible, may be required. Importantly, the Buyer should be informed that the importation of certain watches like Rolex, Frank Muller, and Corum into the United States faces significant restrictions. These watches cannot be shipped to the USA and must be personally imported.
In accordance with industry standards, estimates are assumed to have considered the fill level.
For the purposes of these Terms and Conditions, the term 'Fill Level' refers to the space between the cork base and the liquid in the bottle, which can vary with age or the condition of the wine or spirit.
Azca Auctions does not guarantee the drinkability of the wine or spirit. Buyers should be aware of the potential for taste alteration due to factors like age, storage conditions, oxidation, and more.
Numerous gemstones are treated to improve their appearance, a widely embraced practice in the global jewellery industry. While heat-induced colour enhancements are commonly enduring, they might compromise the durability of certain gemstones. Gems treated with oil may necessitate reapplication of oil periodically. In cases where no gemological report is included in the catalog, prospective Buyers should recognize that the gemstones or pearls might have been enhanced in some manner.
The net sum due to the Buyer is typically settled 28 days after the date of the sale via bank transfer or credit card payment. Cash payments over 10,000 GBP and third-party payments will not be accepted.
Azca Auctions reserves the right to refuse payment should they think that payment doesn’t comply with their anti-money laundering regulations.
In the event that full payment for a Lot is not met in accordance with these Terms and Conditions, Azca Auctions, acting as the Seller's agent and on our own behalf, retains the right to exercise one or more of the following actions at our absolute discretion, without affecting any other rights we may have:
a. Cancel the sale of that Lot or any other sold Lots to the Buyer;
b. Offer the Lot for re-sale through auction or privately;
c. Arrange for the removal, storage, and insurance of the Lot at the Buyer’s cost;
d. Retain the sold Lot until full payment is received;
e. Refuse bids from the Buyer in future auctions.
Ownership of the goods will transfer to the Buyer only after Azca Auctions has received full payment for the lots (including applicable taxes, and shipping costs).
Storage charges will be incurred if items are not collected within four weeks. These charges will amount to £5 plus VAT per lot for small items, £10 plus VAT for medium items, and £25 plus VAT for large items per day. In addition, there will be an extra transfer charge of £10 plus VAT per lot for large furniture sent to an outside warehouse. If an item remains uncollected two months after the auction date, Azca Auctions reserves the right to sell the item at auction without reserve. From the ‘hammer price,’ Azca Auctions may deduct any amounts owed to them, as well as expenses from all auctions where the item was included, along with storage, loss, and damage warranty charges.
Purchased and unsold lots can be collected during Azca Auctions' opening hours. Any delay must be communicated to Azca Auctions in advance.
Azca Auctions will not be responsible for packing, posting or delivering items purchased through an auction, however, a list of suggested shippers will be available for Buyers.
Azca Auctions will not be liable for any loss or damage to frames or glass covering prints, paintings, or other works. Since old frames are frequently fragile and susceptible to deterioration, while Azca Auctions will make every effort to ensure their safekeeping, they will not provide compensation for any loss or damage resulting from changes in humidity or temperature, normal wear and tear, gradual deterioration, inherent defects, or errors in processing.
The Seller acknowledges that any personal information conveyed to Azca Auctions may be disclosed solely for business purposes to a third party (ie: shippers,) or as mandated by law.
Azca Auctions will not utilize personal information for any other purpose without the Seller's prior consent. Azca Auctions affirms that personal data provided by any party will never be sold, lent, or traded.
Should Azca Auctions disclose information with a third party, its responsibility is to respect the privacy and confidentiality of its clients.
The current Terms and Conditions may be amended prior to the sale.