Introduction

The HeadGuard auction is managed by Headguard Ltd company number 14302340 and Boxology company number 10523458 with online auction partner Bidpath.

 

Data Protection

By registering to bid at Headguard auction you are consenting to allow Headguard Ltd to contact you about the auction and acknowledge that Headguard Ltd will process your personal data in accordance with Boxology Ltd Privacy Notices for the purposes of administering the Headguard auction.

If you register for the online auction, you are also consenting that this information will be provided to Bidpath for the purposes of administering the Headguard auction.

Your data will be stored and shared in accordance the UK General Data Protection Regulation and any other data protection legislation which may amend or supersede the GDPR, with explicit consent regarding GDPR.

As part of our commitment to privacy and transparency, you can review more information about how we collect and use personal information via our Privacy Notice.

1. Boxology - https://www.boxology.academy/policies-privacy

2. Bidpath - bidpath.com/privacy-policy

 

Buyer’s Guide

1. Introduction

This Buyer’s Guide contains a brief overview of the Headguard Auction process and the terms under which Lots are made available for sale at Auction. Please read the Buyer’s Guide and the Terms and Conditions of Sale carefully. By registering to bid and participate in the Auction, you will be deemed to have agreed to be bound by them.

 

2. Definitions

2.1. When the following words are used in this Buyer’s Guide, they mean:

Auction – An online auction managed by Headguard Ltd and Boxology Ltd.

Bidder - Any person, properly registered and approved by the Headguard Ltd to participate in the Auction who makes or considers making a bid to buy a Lot at Auction

Buyer - The person or organisation making the highest bid or offer for a Lot accepted by Headguard Ltd, including a principal bidding as agent.

Guarantee of Authenticity - Headguard Ltd guarantee that the items sold at the auction are authentic items.

Hammer Price - The highest bid for a Lot accepted by Headguard at the Auction or, in the case of a post-auction, the sale price.

Lot - Individual item listed in the Auction Catalogue.

Purchase Price - The Hammer Price

 

3. Before the Auction

3.1. Bidder Registration

3.1.1. Every person or organisation wishing to make a bid is required to register before participating in the Auction.

3.1.2 Those who wish to bid in the online auction must create a Headguard Account on Bidpath. The Online Auction Registration Form must be completed in full.

 

3.2. Pre-Auction Viewing

3.2.1. All the Lots can be previewed and bids online started on the 6th September 2022.

 

3.3. Delivery or Collection of auction items

3.3.1. The successful bidder on Hammer price will collect the piece of art or sent information via email on how to collect their item.

3.3.2. If delivery is requested, invoices for the delivery of the items by Headguard Ltd will be raised by Headguard Ltd and emailed to the successful buyer the day following the Auction. Invoices for delivery must be paid before delivery takes place.

3.3.3 If the Bidder is based outside the United Kingdom, the Bidder should ensure in advance of the Auction that the Lot can be exported from the UK and imported into the country of destination. No sale will be cancelled because the Lot may not be imported into the country of destination.

 

4. The Auction

4.3. Bidding

4.3.1. All bids are by individual Lot unless stated otherwise. 

4.3.2. All bids must be made online and in English only.

4.3.3. Bidders who wish to make an online bid, should enter the maximum amount they would be happy to pay for the lot. Bids will be automatically executed for you as other bidders bid against you. Bidders will be notified by email if/when they are outbid. If Bidders want to bid above and beyond their initial bid, they can increase their bid at any time.

4.3.4. The closing date and time for both the online and live auction is 14th September 2022 at 8:30pm, British Summer Time (BST). The lots will close in consecutive lot number order.

4.3.5. Headguard may accept or decline bids at its entire discretion.

 

5. After the Auction

5.1. Successful bids

5.1.1. Headguard will raise invoices for each successful Bid at the end of the Auction and these will be sent to the successful Bidders by email. The invoice will show the Hammer Price to be to be paid, and identify the Lot purchased.

 

5.2. Payment

5.2.1. Payment is due when the Lot closes.

5.2.2. Unless agreed in writing with you by Headguard Ltd, you must pay all the sums in Pounds Sterling either on the evening upon winning the Lot or within 5 days of the invoice being issued and you must ensure that the funds are cleared by the 5th working day from when the invoice was issued. Payment must be in Pounds Sterling and may be made by electronic transfer, debit card, credit card (up to a maximum of £25,000), bankers draft.

5.2.3. Credit card payments are only acceptable on the express understanding that the Lot is not returnable, refundable nor exchangeable and no charge card credit may be issued in the event of any such return. If payment is made by credit card, the Buyer will not undertake any action or effort to stop payment, seek a refund, or attempt a charge back of such amounts – or any Credit Card Fee assessed thereon – by the issuer of the credit card.

 

5.3. Shipping and storage

5.3.1. The Buyer is responsible for organising delivery or collection of their purchase and Lots must be collected within 7 days of the funds for the full purchase price clearing unless other agreed in writing with the Headguard Ltd.

5.3.2 Alternatively Headguard Ltd can provide a quote for delivery/shipping – please email us at [email protected] 

5.3.4 A Buyer who wishes to collect their item must contact Headguard by email at [email protected] giving details of

(1) The name of the individual or company collecting the artwork – and agree a form of identification

(2) The proposed date of collection - 

Headguard Ltd will then agree a date for the collection and send to the Buyer details of the address and collection time and other pertinent information. All collections are at the new Buyers’ risk.

 

Terms and Conditions

These Terms and Conditions of Sale (“Conditions”) set out the legal relationship between the Buyer and the Headguard Ltd. By registering to bid and participate in the Headguard Auction, you will be deemed to have read and agreed to be bound by these Conditions

 

1. Interpretation

In the event of any conflict between these Conditions and the Buyer’s Guide, these Conditions shall take precedence.

 

2. Definitions

2.1. The following words in these Terms and Conditions mean:

Auction - A live sale by auction managed by Headguard Ltd

Bidder - Any person, properly registered and approved by Headguard to participate in the Auction who makes or considers making a bid to buy a Lot at Auction

Buyer - The person or organisation making the highest bid or offer for a Lot accepted by Headguard, including a principal bidding as agent.

Guarantee of Authenticity – Headguard Ltd guarantee that the items sold at the auction are authentic items.

Hammer Price - The highest bid for a Lot accepted by Headguard Ltd at the Auction or, in the case of a post-auction sale price.

Lot - Individual item listed in the Auction Catalogue.

Purchase Price - The Hammer Price

 

3. Catalogue descriptions and condition of Lots

3.1. All Lots are sold subject to their condition at the date of the Auction. By making a bid, the Bidder accepts the actual condition of the Lot and acknowledges that if a bid is successful, the Buyer will buy the Lot ‘as is’.

3.2. Headguard Ltd cannot guarantee that colours are properly shown in the Auction catalogue. All Lots are sold ‘as is’.

 

4. Before the Auction

4.1. Every person or organisation wishing to make a bid is required to register before participating in the Auction.

4.1.2 Those who wish to bid in the online auction must create a Headguard Account on Bidpath. The Online Auction Registration Form must be completed in full. Personal information shall be used only in accordance with Condition 7 below.

 

5. During the Auction

5.1. Headguard Ltd reserves the right to refuse participation in the Auction and to reject any bid. Bids may not be accepted from unregistered bidders and all Bidders must be 18 or over and have sufficient funds to cover any bids made.

5.2. All bids must be made in Pounds Sterling and are exclusive of VAT.

5.3. Headguard Ltd has the right to exercise reasonable discretion in refusing any bid, advancing the bidding in such a manner as it may decide, and in the case of error or dispute, and whether during or after the sale, determining the successful Bidder, continuing the bidding, cancelling the sale or re-offering and reselling the Lot in dispute. If any dispute arises after the sale, then, in the absence of any evidence to the contrary the sale record maintained by the Headguard Ltd will be conclusive.

5.4. When making a bid, every Bidder acknowledges that such bid is a binding offer to buy the Lot at that price (plus the, Buyer’s Expenses (if applicable), and any and all shipping charges, import duties/taxes, storage and other costs). A successful Bidder will be deemed to be the Buyer unless it has been explicitly agreed in writing with Headguard Ltdbefore the start of the Auction and set out in the Bidder Registration Form that the Bidder is acting as agent on behalf of an identified third party acceptable to Headguard Ltd and only then will the Headguard Ltd regard that third party as the Buyer. In such circumstances, the Bidder acting as agent confirms that he is authorized to bind the third party and that the Buyer has been made aware of and accepts these Conditions.

5.5. Online bidding at Headguard Auction is made available via Bidpath (a third party software company) and online bidding is subject to their respective terms of use.

5.6. The highest bid accepted by the Headguard Ltd at the close of the auction will be the Buyer and the conclusion of a contract for sale between the Seller and the Buyer. Risk and responsibility for the Lot passes to the Buyer at the point of sale on the date of sale and the Buyer should arrange insurance cover for the Lot if required.

 

6. After the Auction

6.1. Headguard will raise invoices for each successful Bid and these will be sent to the successful Bidders by email.

6.2. Unless a different arrangement (as set out in condition 5.2.2 of the Buyer's Guide) has been agreed by the Headguard Ltd, payment is due within 5 working days of the invoice being issued and must be made by the Buyer. Payments from any other source will not be accepted and shall be returned by Headguard Ltd.

6.3. Title in the Lot will pass to Buyer and the Lot will be made available for collection by the Buyer only when Headguard Ltd is completely satisfied that all monies owing have been paid in full.

6.4. Payment must be in Pounds Sterling and may be made by electronic transfer, debit card, credit card (up to a maximum of £25,000), bankers draft. Please quote the invoice number when making payment to ensure it can be processed as efficiently as possible.

6.5. Credit card payments are only acceptable on the express understanding that the Lot is not returnable, refundable nor exchangeable and no charge card credit or refund may be issued in the event of any such return. If payment is made by credit card, Buyer will not undertake any action or effort to stop payment, seek a refund, or attempt a charge back of such amounts – or any Credit Card Fee assessed thereon – by the issuer of the credit card.

6.6. The Buyer will not acquire title to the Lot until all amounts due to Headguard Ltd from the Buyer have been received by Headguard Ltd in cleared funds even in circumstances where Headguard Ltd has released the Lot to the Buyer.

6.7. In the event of default by the Buyer, Headguard Ltd may take one or more of the following actions:

6.7.1. hold the Buyer liable for the total amount due and commence legal proceedings for its recovery together with interest, legal fees and costs to the fullest extent permitted under applicable law;

6.7.2. cancel the sale;

6.7.3. resell the Lot publicly or privately on such terms as Headguard Ltd shall think fit;

6.7.4 take such other action as Headguard Ltd deem necessary or appropriate. If Headguard Ltd resells the Lot under condition 7.7.3 above, the Buyer shall be liable for payment of any deficiency between the total amount originally due to Headguard Ltd and the amount received upon resale as well as all reasonable costs, expenses, damages, legal fees and commissions and premiums of whatever kind associated with both sales or otherwise arising from the default.

6.8. Headguard Ltd shall be entitled to retain Lots sold until all amounts due have been received in full in good cleared funds or until the Buyer has performed any other outstanding obligations as Headguard Ltd shall reasonably require. Subject to this, the Buyer shall collect, or have shipped or collected for shipment, purchased Lots within 7 calendar days from the date of the sale unless otherwise agreed between Headguard Ltd and the Buyer. Lots can be collected in person by appointment only (please see the Buyers Guide for further information).

6.9. It is the Buyer’s sole obligation and responsibility to be aware of, to comply with, and to pay for all relevant import duties, taxes, customs and other fees charged in the Buyer’s local jurisdiction. The Buyer understands and agrees that Headguard Ltd shall have no obligation or responsibility for any import duties, taxes, customs, shipping or other charges for the Lots shipped. Failure by the Buyer to pay all necessary amounts may result in the relevant authorities returning the Lot to Headguard Ltd and in those circumstances the Buyer will be charged and will pay storage costs and Headguard Ltd or Headguard Ltd additional reasonable costs and expenses.

6.10. It is the Buyer’s responsibility to ensure that any Lot purchased from Headguard Ltd enters the shipping location lawfully, that all duties and taxes have been paid and that all required export procedures, regulations, and laws were properly complied with. Buyer understands and agrees that Headguard Ltd shall have no obligation or responsibility for complying with any export procedures, regulations, or laws applicable to the Lot.

6.11. If the Buyer wishes to apply for an export licence this does not affect or postpone the Buyer’s obligation to make payment in accordance with Headguard Ltd’s payment terms nor Headguard Ltd’s right to charge interest or storage charges on late collections.

 

7. Use of information

7.1. By registering to bid at the Headguard Auction you are consenting to allow Headguard Ltd and Boxology Ltd to contact you about the Headguard Auction and to process your personal data for the purposes of administering the Headguard Auction.

7.2. If you register for the online auction, you are also consenting that this information will be provided to Bidpath for the purposes of administering the Headguard Auction.

You will find further details about Privacy Policies for Boxology, and Bidpath and details about how we process personal data and how to exercise your privacy rights on Page 1 of the Buyers Guide.

 

8. Terms of Guarantee of Authenticity

8.1. Headguard Ltd guarantee that the items sold at the auction are the authentically created by artists for the purposes of raising money for Headguard Ltd.

8.2. Except as expressly provided in these Conditions Headguard Ltd shall have no liability to the Buyer in respect of a Lot and all and any implied warranties and conditions are excluded to the fullest extent permitted by law.

 

9. Intellectual property rights

9.1. The copyright in all images, illustrations and written material produced by or for Headguard Ltd relating to a Lot (including the contents of the Auction catalogue), is and shall remain at all times the property of Headguard Ltd and shall not be used by the Buyer, nor by anyone else, without Headguard Ltd’s written consent. Headguard Ltd make no representation or warranty that the Buyer of a Lot will acquire any copyright or other reproduction rights in it.

 

10. Events outside our control

Headguard Ltd will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Conditions that is caused by an event outside its control, that being any act or event beyond the Headguard Ltd’s reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, pandemic, epidemic or other natural disaster, or failure of public or private telecommunications networks. Headguard Ltd’s obligations shall be suspended and time for performance extended until such time as the event outside its control is over, following which a new collection or shipping date can be agreed.

 

11. Other important terms

11.1. If any part of these Conditions is found by any court to be invalid, illegal or unenforceable, that part shall be discounted and the rest of the Conditions shall continue to be valid to the fullest extent permitted by law.

11.2. The contract is between the Buyer and Headguard Ltd and no other person shall have any rights to enforce any of its terms.

11.3. If Headguard Ltd fails to insist on performance of any of a Buyer’s obligations under these Conditions, or if it delays in doing so, that will not mean that the Headguard Ltd has waived its rights against the Buyer and does not mean the Buyer no longer has to comply with those obligations.

11.4. This agreement and conditions are governed by and construed in accordance with English law and the Parties agree to the exclusive jurisdiction of courts of England.