TERMS & CONDITIONS
ONLINE ONLY TIMED AUCTION

*Important Update - Exhibition has been Extended*
Timed Online Bidding Commences at: 12:00 on Tuesday 17th September 2024

HENRY ORLIK

By registering to bid and/or by bidding in this timed online auction you agree to the following terms. Please read them carefully before registering.

This auction will be a timed online auction. To bid online you need to register at https://bid.winsorbirch.com/registration/

1. Definitions:

‘We, us, our’ refers to Winsor Birch Limited

‘You, your’ refers to the Bidder

‘Buyer’ refers to the successful bidder of a lot

2. Registering to Bid

In order for us to process and approve your registration you must register at least 48 hours before the auction closes. You will be asked for the following in order to comply with the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, Sanctions Legislation and other related legislation:

  1. Individuals – Photo identification (passport, driving licence or national identity card) plus proof of your current address (a current utility bill or bank statement)
  2. Corporate clients – Certificate of Incorporation showing your name and registered address, together with proof of identity of directors and beneficial owners
  3. For other business structures please contact us at enquiries@winsorbirch.com to discuss our requirements.
  4. For approval to bid we may require other identification documents, which we will discuss with you before your registration is approved.
  5. If in our opinion we deem that you have not provided sufficient information for us to complete our anti-money laundering, terrorist financing and sanctions checks to our satisfaction, we may refuse register you to bid.

3. Data Protection

We hold and process any personal data in relation to you in accordance with our current privacy policy, a copy of which is available on our website.

4. Viewing and Condition

  1. Lots are sold in the condition they are in at the time of the sale.
  2. You should inspect a lot personally or with the help of a knowledgeable representative before bidding to make sure that you accept the lot’s condition and description.
  3. Viewings are free or charge at The Little Gallery, 1 The Parade, Marlborough, Wiltshire, SN8 1NE. Staff will be on hand to answer questions during the exhibition of the works.

5. Withdrawal

Winsor Birch Limited may at its discretion withdraw any lot at any time prior to or during the sale of the lot. Winsor Birch Limited has no liability to you for any decision to withdraw.

6. Starting Bids and Increments

A starting bid amount is set for all lots in the timed online auction and bids will increase in increments as follows:

  • Up to £1,000 = £20 increments
  • £1,000 - £1,500 = £50 increments
  • £1,500 - £2,000 = £100 increments
  • £2,000 - £5,000 = £200 increments
  • £5,000 - £10,000 = £500 increments
  • £10,000 - £20,000 = £1,000 increments
  • £20,000 - £50,000 = £2,000 increments
  • £50,000 - £100,000 = £5,000 increments
  • £100,000 - £200,000 = £1,0000 increments
  • £200,000 - £500,000 = £20,000 increments
  • £500,000 - £1,000,000 = £50,000 increments
  • £1 million and over £100,000 increments

7. The Purchase Price

  1. The successful bidder shall pay the hammer price, there is no buyer’s premium associated with the timed online auction.
  2. All lots will be sold using the Margin Scheme

8. Online Bidding

  1. Winsor Birch Limited does not warrant the accuracy or completeness of the content on the online timed auction site or that any defects will be corrected. We reserve the right to correct any errors or omissions and to make any changes to the features, functionality and content at any time.
  2. Access to our Bidding Site may suspended to carry out scheduled or unscheduled maintenance or for any other reason at any time.
  3. On our online timed auction site clicking on the ‘Bid Now’ button submits your bid. By placing a bid you accept and agree that bids submitted in this way are final cannot be retracted.
  4. All bidding for this sale will be in GBP
  5. The record of sale kept by Winsor Birch Limited will be taken as absolute and final in all disputes. In the event of a discrepancy the record of sale kept by Winsor Birch Limited will govern.
  6. Winsor Birch Limited reserves the right to refuse or revoke permission to bid in the Timed Online Auction and to remove bidding privileges during the sale.
  7. Winsor Birch Limited accept no liability for any errors, failures or delay in executing bids placed via the Online Timed Auction site.
  8. We accept no liability for delays, errors or failures caused by loss of connection to the internet or to the Winsor Birch Timed Online Auction website, or to a breakdown or problem with a client’s internet connection, mobile network or computer. Winsor Birch Limited is not responsible for any failure to execute an online bid or for any errors or omissions in connection therewith.

9. Payment

  1. Invoices will be issued once the Timed Online Auction is finished in its entirety.
  2. Payments must be made to Winsor Birch Limited via bank payment from the account in the name the successful bidder registered with.
  3. Payment of the total amount due must be made in pounds sterling.
  4. Payment must be made within 7 days of receipt of the invoice.
  5. In line with new legislation we reserve the right to investigate and identify the source of any funds received by us. The completion of the sale of a Lot will be postponed or cancelled at our discretion if further time is needed for investigation, or if we consider the sale to be unlawful or in any way cause liabilities or be detrimental to either Winsor Birch Limited or Henry Orlik.
  6. Failure to pay will result in the sale being rescinded and the lot will be offered to the second highest bidder.

10. Collection, Shipping and Title

  1. Ownership shall not pass to the buyer until payment is made in full to us of the total amount due.
  2. No purchase will be released until it has been paid for and the payment confirmed by us.
  3. Collections shall be made at the buyers own risk and expense from The Little Gallery, Marlborough and once collected the buyer will be responsible for insurance.
  4. Winsor Birch Limited can arrange packing, transport and shipping for which the buyer will be invoiced separately.
  5. If the buyer chooses to export their lot, they are responsible for getting advice about meeting the requirements of any laws or regulations which apply to the export. Buyers are responsible for any taxes, tariffs or other government-imposed charges relating to the export of the lot.

11. Copyright

Copyright stays with the Artist and Winsor Birch Limited for all lots.

12. Law and Disputes

Any dispute arising out of or in connection with this agreement, will be governed by English law. Before either you or we start any court proceedings and if you and we agree, you and we will try to settle the dispute by mediation in accordance with the CEDR Model Mediation Procedure. If the dispute is not settled by mediation, you agree that the dispute will be referred to and dealt with exclusively in an English court of law; however, we will have the right to bring proceedings against you in any other court.