Terms and Conditions

Astoria Auctioneers carries on business with bidders, buyers and all those present in the auction room prior to or in connection with a sale on the following General Conditions and on such other terms, conditions and notices as may be referred to herein. The following should be read extremely carefully before bidding.

1. Definitions

In these Terms & Condition of sale:

(a) ‘auctioneer‘, ‘agent‘, ‘we‘, ‘us‘, etc means Astoria Auctioneers (which is a trading name of Astoria Auctions LTD) or its authorised auctioneer or representative as appropriate;

(b) ‘seller‘, ‘vendor‘, ‘consignor‘ refer to the individual, organisation or institution who is in ownership of any given item which the agent has been contracted to offer for sale;

(c) ‘buyer‘ refers to the holder of the highest bid accepted by the auctioneer conducting the sale and shall be contractually bound to complete the purchase at this price;

(d) ‘you‘, ‘your‘, etc. refer to the buyer as identified in Conditions 1 (c);

(e) ‘hammer price‘ refers to the level of bidding reached in the auction (at or above any given reserve price) at the time the auctioneer drops the hammer;

(f) ‘total amount due‘ means the sale price for any given lot sold, together with any other premium, other additional charges payable, and Value Added Tax chargeable;

(g) ‘deliberate forgery’ means an imitation made with the intention of deceiving as to authorship, origin, date, age, period, culture, or source, where such intention is not reflected in the description of the lot in the catalogue, and which, at the date of the sale, had a value materially less than it would have had if it had been in accordance with that description.

2. Agency

(a) Astoria Auctioneers, unless otherwise agreed, acts only as agent for the seller, whose identity, for reasons of confidentiality, is not normally disclosed. Any contract for the sale of property is therefore made between the buyer and the seller.

(b) The Auctioneer is dependent upon the seller for information relating to any items being sold and whilst we may inspect lots and express a general view about them, we are not normally able to undertake any in depth investigation or research in the manner which the buyer should.

(c) The seller warrants to the auctioneer and you that the seller is the true owner of the property consigned or is properly authorised by the true owner to consign it for sale and is able to transfer good and marketable title to the property, free from any third party claims.

3. Descriptions and Condition

(a) Whilst we seek to describe lots accurately, our employees are not professionally trained restorers or conservators, and due to the nature of the auction business it is not possible for us to carry out the sort of research which might be undertaken by professional historians or scholars.

(b) Prospective buyers are given ample opportunities to view and inspect before any sale and they must satisfy themselves as to the accuracy of any description applied to a lot. In cases of items of significant value, we strongly recommend you seek advice on such matters from independent professional advisors.

(c) Any mention of condition of lots within a catalogue entry does not constitute a full description of condition. Condition reports are available on request and will assess the condition of a lot with reasonable care and honesty.

(d) Prospective buyers bid on the understanding that, inevitably, representations or statements by us, whether in the form of a catalogue entry, condition report or other, as to authorship, genuineness, origin, date, age, provenance, condition, or estimated selling price involve matters of opinion only. We undertake that any such opinion shall be honestly and reasonably held however neither Astoria auctions nor its employees or agents, nor the vendor accept liability for the correctness of such opinions or views, and all conditions and warranties, express, implied or statutory are hereby excluded.

4. Estimates

Any estimates, where given, are designed only as a loose guide to help buyers gauge the sort of sum of money that may be involved in purchasing any given lot. It will always be our belief that any bid within the given estimate should have a fair chance at buying any item, however estimates should not be relied on as a statement that this is the price at which the item will sell, nor should they be relied on as a valuation of the item for any other purpose.

5. Registration and Admission

(a) Bidders are required to register their particulars with us before bidding and may be asked for proof of ID, address and proof of funds, and to satisfy any security arrangements before entering the auction room to view or bid.

(b) We reserve the right at our complete discretion to refuse admission to the premises or participation in any auction and also reserve the right to refuse any bid at our complete discretion.

6. Bidding in Principal

All bidders shall be deemed to act as principals. When making a bid, a bidder is accepting personal liability to pay the purchase price (as defined in Condition 12) plus all other applicable taxes and charges, unless it has been expressly agreed in writing with the auctioneer prior to the commencement of the sale that the bidder is acting as an agent to an identified third party acceptable to and approved by the auctioneer. In this instance alone, we will look only to the agreed principal for payment.

7. Absentee Bids

Whilst prospective buyers are strongly advised to attend the auction and are always responsible for any decisions to bid for a particular lot, and shall be assumed to have reasonably inspected and satisfied themselves as to its condition, we will if so instructed, clearly and in writing, execute bids on their behalf. Neither the auctioneer nor our employees or agents shall be responsible for any failure to do so save where such failure is unreasonable. Where two or more commission bids at the same level are recorded we reserve the right in our absolute discretion to prefer the first bid so made.

8. Telephone Bids

Where a prospective buyer has engaged us prior to the commencement of a sale to do so, we will use reasonable efforts to contact them to enable them to participate in bidding via the telephone. We do not accept any liability for failure to do so, or for any error or omission in connection with telephone bidding arising from circumstances beyond our reasonable control.

9. Reserves

(a) Lots are frequently offered subject to a reserve price which is the confidential minimum price at which a lot can be sold. The reserve price will not exceed the low estimate printed in the catalogue. That is to say, any item can in theory be purchased, if there are no other bids, for its low estimate. The auctioneer may open the bidding on any lot below the reserve by placing a bid on behalf of the seller and may continue to bid on behalf of the seller up to the amount of the reserve, either by placing consecutive bids or by placing bids in response to other bidders.

(b) In some instances, a lot may be offered with a guaranteed return price for the vendor in the case of a sale. This price may exceed the reserve price and low estimate of a lot, but this does not affect the reserve price or the ability of any buyer to in theory purchase the lot at its low estimate. In the instance that an item is sold at its reserve price where the vendor is guaranteed a net return of a greater sum of money, the auctioneer will supplement the outstanding sum to the vendor.

(c) Reserves and estimates are often prepared several months prior to a sale, and may be subject to change which will always by announced before the sale.

10. Auctioneer’s Discretion

(a) The auctioneer has the right to exercise reasonable discretion in refusing any bid, or advancing the bid in any such manner that he or she may see fit, as well as withdrawing and dividing/combining lots.

(b) Bidding increments shall be at the sole discretion of the auctioneer.

11. Successful Bid and Passing of Risk

(a) The maker of the highest bid, subject to the auctioneer’s reasonable discretion, shall be the buyer at the hammer price at the time the auctioneer drops the hammer, which completes a binding contract for sale between the seller and the buyer.

(b) Any dispute about a bid shall be settled at the auctioneer’s absolute discretion by re-offering the lot during the course of the auction or otherwise. The auctioneer shall act reasonably in exercising this discretion.

(c) Total risk and responsibility for the lot passes to the buyer as the auctioneer drops the hammer and neither the auctioneer nor their agents shall be responsible for any loss or damage of any kind from this point, excepting where the loss or damage has arisen as a result of negligence whilst the lot remains in our possession for a maximum of five working days after the day of the sale. After this point, total risk and responsibility will pass to the buyer even in cases of loss or damage caused by negligence.

12. The Purchase Price

The purchase price shall be the hammer price together with a buyer’s premium. The buyer’s premium is payable at a rate of 25% (excl. VAT) of the hammer price up to and including £500,000 for each individual lot, 20% on the excess up to £3,000,000, and 12% on the excess above £3,000,000. The premium is subject to VAT at the appropriate rate. The purchase price does not include any online buyer charges, shipping, or other charges, nor any VAT incurred on these charges.

13. Value Added Tax

Value Added Tax on the hammer price of any given item is imposed by law on all items marked ‘FV’. Value Added Tax is charged at the appropriate rate prevailing by law at the date of sale and is payable by buyers of relevant lots.

14. Artist’s Resale Right (“Droit de Suite”)

For any lot which is subject to the Artist’s Resale Right Regulation 2006, the buyer agrees to pay to us an amount equal to the resale royalty provided for in those regulations based on the hammer price of the lot (excluding any premium or charges). Lots which may be affected will be marked with ‘ARR’.

15. Payment and Shipping

(a) Immediately or at your earliest convenience, and no later than five working days after the sale of a lot in auction you will:

(i) give to us, if requested, proof of identity

(ii) pay to us the total amount due in pounds sterling

(b) Any payments by you to us may be applied by us towards any sums owing from you to us on any account whatever without regard to any directions of you or your agent, whether express or implied.

(i) Domestic UK packages up to £2500 in value charged at £20.00 per package;

(ii) Domestic UK packages in excess of £2500 in value charged at £20.00 per package plus insurance at a rate of 2% of the total purchase price;

(iii) International packages up to £250 in value charged at £30.00 per package;

(iv) International packages in excess of £250 in value charged at £40.00 per package plus insurance at a rate of 2% of the total purchase price.

(d) Astoria shall undertake to wrap and package all items carefully and securely, however accepts no direct liability for any damage to goods occurring during transit to the buyer, but will act on behalf of the buyer in making an insurance claim with the appropriate courier for any loss / damage, and will relay in full to the buyer any payments made by the couriers in respect of any claim made.

(e) All payments, including our standard delivery charges, will be automatically taken from the card used for registration by all online bidders using the-saleroom.com on the seventh day after the auction, except where the invoice has already been settled within this time, or other alternative arrangements have been made directly with the finance department in this time period. It is essential online bidders using the-saleroom.com contact the finance department within 48 hours after the auction if they wish to make alternative arrangements for payment.

(f) Payments may be made in any of the following ways:

(i) Cash on collection (up to a maximum of the sterling equivalent of €8,000.00;

(ii) Bank transfer;

(iii) Credit or debit card (subject to an additional surcharge of 3% for non-UK registered cards), up to a maximum of £30,000.00 per invoice where the cardholder is present for the transaction, and up to a maximum of £500.00 per invoice where the cardholder is not present;

(iv) GBP cheque. Please note no purchases will be released for collection or shipping until cheques have cleared in full.

16. Title and Collection of Purchases

(a) The ownership of any Lots purchased shall not pass to you until you have made payment in full to us of the total amount due.

(b) You shall at your own risk and expense collect any lots that you have purchased and paid for from our premises not later than five working days following the day of the auction or upon the clearance of any cheque used for payment. Storage is provided free of charge for two weeks from the date of the auction ; thereafter, storage charges of £10.00 per day plus VAT will apply until collection, together with any applicable insurance charges.

17. Export Licenses / CITES Regulations

In the case of any lots which require export licences or may be subject to CITES regulations when exported, it is the sole responsibility of any potential buyers to make themselves aware of these regulations. We shall not rescind any sale on the basis that an item cannot be exported and if payment is not made within the given period of seven working days after the day of the sale, we will at our discretion exercise any of the rights and remedies outlined in Condition 18.

18. Remedies for Non Payment or Failure to Collect Purchases

(a) If any lot is not paid for in full and taken away in accordance with these Conditions, or if there is any other breach of these Conditions, we, as agent for the seller and on our own behalf, shall at our absolute discretion and without prejudice to any other rights we may have, be entitled to exercise one or more of the following rights and remedies:

(i) to proceed against you for damages for breach of contract;

(ii) to rescind the sale of that lot and/or any other lots sold to you by us;

(iii) to resell the lot (by auction or private treaty) in which case you shall be responsible for any resulting deficiency in the total amount due (after crediting any part payment and adding any resale costs). Any surplus so arising shall belong to the original seller;

(iv) to remove, store and insure the lot at your expense at a rate of up to £10 per day + VAT, and, in the case of storage either at our premises or elsewhere;

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

(vi) to retain that or any other lot bought until you pay the total amount due;

(vii) to reject or ignore bids from you or your agent at future auctions or to impose conditions before any such bids shall be accepted;

(viii) to apply any proceeds of sale of other lots due or in future becoming due to you towards the settlement of the total amount due and to exercise a lien (that is a right to retain possession of any of your property in our possession for any purpose until the debt due is satisfied).

(b) We shall, as agent for the seller and on our own behalf pursue these rights and remedies only so far as is reasonable to make appropriate recovery in respect of breach of these conditions.

19. Third Party Liability

All members of the public on our premises are there at their own risk and must note the layout of the accommodation and security arrangements. Accordingly, neither the auctioneer nor our employees or agents shall incur liability for death or personal injury (except as required by law for reason of our negligence) or similarly for the safety of the property of persons visiting prior to or at a sale.

20. Terms of Sale

The seller acknowledges that lots are sold subject to the stipulations of these Conditions in their entirety, and on the Terms of Consignment as notified to the consignor at time of entry of the lot.

21. Public Auctions and Online Auctions

(a) All Auctions conducted by Astoria Auctions take place from a private, non-public location and are not open to attendance by bidders, buyers, or interested parties in person. Bidding is available exclusively by absentee bid, proxy bid, telephone bid, or live online bidding, and all sales are live streamed online to enable remote participation and transparency. Where we operate a sale from a public commercial venue, this will be expressly stated in the important sale information for that auction, and Condition 21(c) below will apply to that sale instead.

(i) All auctions held by Astoria’s, where bidding is conducted remotely by absentee bid, proxy bid, telephone bid, or online bid, and the auction is live streamed for viewing, are to be classed as exempt from the definition of a Public Auction under the Consumer Contracts Regulations 2013, on the basis that in-person attendance and in-person bidding are not offered.

(ii) Only auctions expressly stated in the important sale information, or in a printed catalogue, as being open to attendance and bidding in person at a public venue will be classed as a Public Auction as defined in Condition 21(c) below.

(b) All goods sold by Astoria Auctions are sold as second hand and are sold as seen, and are accordingly exempt from the provisions of the Sale of Goods Act 1979 that would otherwise apply to the sale of new goods.

(c) Where we expressly state that a particular sale is open to attendance and bidding in person at a public venue, entry will be on a first come, first served basis, and due to space limitations we may not always be able to guarantee entry on the day. We ask that, wherever possible, those wishing to attend in person register their intention to do so at least 24 hours prior to the auction.

22. Returns and Refunds

(a) As outlined in Condition 21, all goods purchased at Public Auction are second hand and sold as seen, meaning they are exempt from the Sale of Goods Act 1979 and the Consumer Contracts Regulations 2013, thus no returns or refunds will be accepted under any circumstances, except those outlined in Condition 23.

(b) Goods purchased in auctions which are expressly stated to be accessible via online bidding only are covered under the Consumer Contracts Regulations 2013 and may be returned in exchange for a full refund without reason by the buyer satisfying the following:

(i) You contact us immediately upon receipt of the item and not later than fourteen days following receipt of the item to inform us by writing of your wish to return the item for a refund;

(ii) You return the goods to us via a tracked, registered and insured method of shipment not later than fourteen days after the date of notifying us of your wish to return them for a refund;

(iii) The goods are returned in their original condition and with all original accompanying boxes, paperwork, etc. return the lot at your own expense and risk to Astoria’s premises, in the original condition it was bought in, and adequately insured for its full hammer price plus buyer’s premium during transit. Astoria accepts no liability for loss or damage to the lot prior to its receipt in original condition. Astoria reserves the right to decline the claim if the lot is not received in the condition described in the original catalogue entry (save for any deterioration expressly permitted under these terms).

(c) Goods which have been altered or customised for clients, including but not limited to resizing, metal polishing, stone polishing, plating, stone replacement, repair, de-bruising, re-boxing, cleaning, engraving, etc will not be eligible for return under any circumstances.

23. Astoria’s Authenticity Guarantee

(a) Astoria offers an Authenticity Guarantee to all buyers for a period of three (3) calendar months from the date of any given auction, regardless of the date on which a lot was paid for and collected / received by the buyer. Buyers are strongly advised to inspect lots promptly upon collection, as delayed collection will reduce the time available to make a claim within this three-month period.

(b) The Authenticity Guarantee shall apply only to information given in the UPPERCASE HEADING at the very beginning of the catalogue description.

c) The Authenticity Guarantee shall not apply to any heading, or part thereof, which is Qualified. A heading is “Qualified” where it includes a qualified term (such as, but not limited to, ‘attributed to’, ‘in the style of’, ‘signed’, ‘circa’, or ‘school of’), or where the heading expressly refers the reader to clarification set out elsewhere in the lot’s catalogue description (for example, by use of an asterisk, footnote reference, or words such as ‘see description’). Clarification appearing only in the body of a lot’s catalogue description, without any corresponding qualified term or reference in the heading itself, shall not render the heading Qualified for the purposes of this clause.

Examples respectively:

(i) ‘BURMA SAPPHIRE RING set with a cushion cut blue sapphire of 4.50 carats.’ Accompanied by a gemological report stating the sapphire is of Burma origin.’ In this case the heading contains no qualified term and no reference to further clarification, and so is not Qualified; the Authenticity Guarantee applies in full.

(ii) ‘SAPPHIRE AND DIAMOND RING, ATTRIBUTED TO SUZANNE BELPERRON set with round cut sapphires and diamonds, unsigned.’ In this case the heading itself uses a Qualified term (‘attributed to’), indicating that the work is in Astoria’s opinion that of the named artist, but where no strict guarantee to that effect is made.

(d) The Authenticity Guarantee is only available to the original buyer shown on the invoice for the lot at the time of sale and may not be transferred to any third party. Astoria’s shall at their sole discretion refuse to honour the authenticity guarantee if the original buyer is not the full owner, free from claim, interest or restriction by any third party.

(e) If Astoria sells any lot of jewellery which the buyer subsequently shows to Astoria reasonable satisfaction to have been misrepresented, miscatalogued or misdescribed in any of the following ways, subject to terms 23(a)-(c) set out above and terms 23(e)(i)-(iv) set out below, Astoria will rescind the sale and refund the buyer the original purchase price, as defined in condition 12 above, in the currency of the original sale

(i) any lot catalogued to be of a particular age / period, which is later proven to be reproduction, meaning more than fifty (50) years than the latest stated age / period;

(ii) any lot catalogued as being made of a precious metal which is later proven to be made of a metal with a lesser material value per ounce than the metal stated in the catalogue at the time of cataloguing;

(iii) any lot where the name of a jeweller or maker (such as Cartier, Boucheron, etc.) is stated in the uppercase heading of the catalogue description in accordance with condition 26(a)(i), and is thereby guaranteed to be the authentic work of that jeweller/maker, where that attribution is subsequently shown, to Astoria’s reasonable satisfaction following the process set out in condition 23(f), to be incorrect, provided that Astoria shall not be liable under this sub-clause where the original catalogue description reasonably reflected a good faith professional opinion based on the information available at the time, and where attribution remains a matter of legitimate expert disagreement;

(iv) any lot containing gemstones or pearls which are later proven, by a recognised gemological laboratory, not to be authentic or of natural origin. Please note this does not apply to pearls which are specified to be neither natural nor cultured, which are later deemed to be cultured. Where reputable gemological laboratories reach differing conclusions on the origin, treatment, or nature of a gemstone or pearl, Astoria shall not be liable under this sub-clause provided the original catalogue description reasonably reflected the findings of a recognised laboratory report available at the time of cataloguing.

(f) In order to claim under the Authenticity Guarantee you must:

(i) Give us written notice of the claim within three calendar months of the auction, including the auction date, buyer number, invoice number, lot number and original catalogue description, the particulars of the claim and any details or evidence you have to support the claim. Please note a claim will not be deemed to have been received until all of the above have been received in full by Astoria, and failure to fully provide all of the above in the first instance may delay the date on which the claim is ‘received’ beyond the three calendar month period;

(ii) Astoria shall, at its sole discretion require you to provide the written opinions of two recognised experts in the appropriate field of the lot, mutually agreed by both you and us in advance confirming the lot is not authentic. If we have any doubts we reserve the right to obtain additional opinions at our expense;

(iii) return the lot at your expense to Astoria’s and in the original condition it was bought in. Please note that the authenticity guarantee will not under any circumstances apply to any lot which has been customised, including but not limited to resizing, metal polishing, stone polishing, plating, stone replacement, repair, de-bruising, re-boxing, cleaning, engraving, etc.

(iv) your only right under this authenticity guarantee is to cancel the sale and receive a refund of the original purchase price, as defined in condition 12, paid for the lot. We will not in any circumstances be required to pay you any more than the original purchase price, and will not be liable for the costs incurred in acquiring expert opinions, scientific testing, loss of profits, loss of opportunity or value, loss of savings or expected interest, costs, damages or any other expenses.

24. Value Added Tax (VAT)

(a) The buyer’s premium is charged at the rate set out in Condition 12 of the hammer price, exclusive of Value Added Tax, which is payable in addition at the standard UK rate. The auctioneer’s margin scheme, where applicable, applies to the hammer price of eligible goods only and does not affect the VAT treatment of the buyer’s premium.

(b) Astoria’s are pleased to offer a VAT relief service on qualifying export sales. Where an item is shipped directly to the buyer at an address outside the U.K. by Astoria’s Shipping and Export department, VAT will be deducted from the invoice prior to payment, in accordance with HMRC’s direct export rules. This is not a retrospective refund scheme; the buyer cannot take delivery of the item within the U.K. and later reclaim VAT, as this route was withdrawn by HMRC for Great Britain in January 2021. This service is complimentary for invoices with a total amount due in excess of £2,000.00, and is charged at a rate of £20.00 + VAT per invoice below this value. We will handle all necessary export paperwork, subject to the export being carried out solely by Astoria’s Shipping and Export department. If the export does not proceed as arranged, VAT will become payable in full.

(i) Please note that the VAT levied on this service is not deductible for non U.K buyers, as this is for a service being offered and completed within the U.K.

(c) VAT registered UK businesses warrant they will not under any circumstances seek to reclaim any VAT in respect of buyer’s premium on any invoices issued by Astoria.

(d) Online buyer surcharges applied by third-party bidding platforms such as the-saleroom.com, liveauctioneers.com or invaluable.com are charges for a bidding service, not for the goods themselves. As such, VAT on these surcharges is not eligible for export relief and will not be deducted or refunded regardless of the buyer’s location or export status.

(e) Some lots offered by Astoria may have been brought into the U.K. from overseas under Temporary Admission relief, typically where items are consigned by an overseas seller for sale, exhibition, or approval and are intended to be re-exported. Where such a lot is purchased and subsequently exported outside the U.K. within the applicable time limit, the buyer may be entitled to relief from import VAT and duty under the Temporary Admission rules, subject to HMRC’s requirements and time limits. This regime is separate from the export VAT relief described in Condition 24(b), and the procedures, evidence, and deadlines involved differ. If you believe a lot you are purchasing may be subject to Temporary Admission, please contact us directly before completing your purchase so we can confirm the position and the steps required.

25. Buyer Warranties

(a) As the buyer you warrant to Astoria that the funds used for payment are not in any way connected with criminal activity, including but not limited to tax evasion, and you are neither under investigation nor have been charged with or convicted of any money laundering charges, terrorist activities or other crimes.

(b) In the instance that you are bidding on behalf of a third party you warrant that:

(i) You have KYC (know your customer) and AML (anti money laundering) policies and procedures in place and that you have conducted sufficient due diligence to ensure that the warrenties given in 25(a) are also satisfied in respect of your customer;

(ii) you will, at our request and at any time within five (5) years of the date of the auction, make available any and all documentation referencing the due diligence checks carried out on your customer;

(iii) at our sole discretion, prior to or after being registered to bid on behalf of a client on any given lot, provide to us detailed written information about your KYC and AML policies.

26. Explanation of Cataloguing Terms

The following is a brief summary of terms which may be used in auction catalogue headings and descriptions.

(a)Attributions where the artists name is stated in the UPPERCASE HEADING:

(i) ‘Van Cleef & Arpels’ – the lot is in Astoria’s qualified opinion a work by that artist / jeweller, and is guaranteed to be such in accordance with the Authenticity Guarantee set out in condition 23;

(ii) ‘Attributed to Van Cleef & Arpels’ – the lot, whilst unsigned, is in Astoria’s qualified opinion a work by that artist / jeweller, however no strict guarantee to that effect is made.

(b) Attributions where the artists name is stated in the remainder of the catalogue description:

(i) ‘Signed Van Cleef & Arpels’ – the lot bears the signature of that artist / jeweller, which in Astoria’s qualified opinion is authentic;

(ii) ‘Maker’s mark for Van Cleef & Arpels’ – the lot bears a mark denoting the maker, which in Astoria’s qualified opinion is authentic;

(iii) ‘By Van Cleef & Arpels’ – the lot, although unsigned, is in Astoria’s qualified opinion, an authentic work by that artist/jeweller;

(iv) ‘Mounted by Van Cleef & Arpels’ – the lot, in Astoria’s qualified opinion, has been mounted and set by the artist / jeweller using stones supplied by the original client;

(v) ‘Mount only by Van Cleef & Arpels’ – the mounting, in Astoria’s qualified opinion, is made by that artist / jeweller, but has been altered in some way, or set with a new / replacement stone.

c) Attributions denoting uncertainty as to authorship:

(i) ‘In the style of Van Cleef & Arpels’ — the lot displays stylistic characteristics associated with that artist / jeweller but is not, in Astoria’s opinion, a work by them;

(ii) ‘Manner of Van Cleef & Arpels’ — the lot has been made in a manner associated with that artist / jeweller, but at a later date;

(iii) ‘Circle of Van Cleef & Arpels’ — the lot is, in Astoria’s qualified opinion, a work of the period of that artist / jeweller and closely related to their style, but not necessarily by a member of their workshop;

(iv) ‘Possibly by Van Cleef & Arpels’ — the lot may, in Astoria’s qualified opinion, be a work by that artist / jeweller, but this cannot be stated with the level of confidence required for the terms set out in Conditions 26(a) or 26(b) above.

Terms used under this Condition 26(c) do not carry the Authenticity Guarantee set out in Condition 23, and no warranty as to authorship is given in respect of any lot described using these terms.

For the avoidance of doubt, only attributions falling under condition 26(a)(i) carry the Authenticity Guarantee set out in condition 23. All other attribution terms described in this condition 26 reflect Astoria’s qualified opinion but do not carry a contractual guarantee of authenticity.

27. Stone Treatments and Certifications

(a) Some lots in this catalogue are accompanied by gemological reports and certificates which give an opinion on various aspects of some or all of the stones in any one particular lot. These certificates may have been provided to Astoria by the vendor, or obtained by Astoria for the vendor. It should be noted that the content of these certificates is a statement of opinion of the issuing gemological laboratories only, and cannot by guaranteed by Astoria, who will not be held responsible for any disagreement over the content of any certificates after the sale. We can also not be held responsible for any retrospective change of opinion by the providers of any given certificate.

(b) It is common practice for colourless and fancy coloured diamonds, coloured stones, and pearls to be subject to treatment to enhance their appearance, including jade. Unless stated otherwise in the catalogue description, prospective buyers should assume that all stones offered for sale by Astoria may have been subject to treatments. If you have any questions regarding stone treatments or enhancements, please contact the department.

28. CITES, Export Licences and Prohibited Imports

(a) Some lots such as those containing ivory, tortoiseshell, coral, etc. may require export or CITES licences in order to leave the UK. It is the buyer’s responsibility to ensure that lots have the relevant licences before shipping them. Please contact the department for assistance.

(b) Please also note that some countries such as the United States prohibit the purchased and import of objects originating from certain countries such as Iran/ Persia and Burma/Myanmar. It is the buyer’s responsibility to satisfy themselves that the lot being purchased may be imported in the country of destination.

29. VAT symbols and other lot symbols

(a) Some lots in this catalogue may be marked with certain symbols relating to their VAT status as follows:

(i) No symbol – no VAT will be charged on the hammer price (sold under the Auctioneer’s Margin s Scheme) . Full VAT of 20% will be charged on the buyer’s premium;

(ii) FV – full VAT of 20% will be charged on both the hammer price and the buyer’s premium;

(iii) FIV – the lot has been imported for sale from outside UK and full import VAT at a rate of 20% will be payable by the buyer on both the hammer price and buyer’s premium;

(iv) RIV – the lot has been imported for sale from outside UK and reduced rate import VAT at a rate of 5% will be payable by the buyer on both the hammer price and buyer’s premium;

(b)Please note that in the cases of lots marked with FIV and RIV, the VAT will be invoiced under the Margin Scheme, and the charges will be shown under the buyer’s premium on the invoice, not listed separately. In the case of lots imported under temporary admission which are sold to buyers domiciled outside the UK, where Astoria is instructed to arrange shipment of the goods to a destination outside the UK, import VAT will not be charged to the buyer, provided that Astoria holds satisfactory evidence of export from the UK prior to shipment. Where such evidence is not provided or export does not take place as instructed, import VAT will become payable by the buyer at the applicable rate.

(i) If Astoria is not provided with satisfactory evidence of export within a reasonable time of shipment being arranged, or if the lot is not in fact exported from the UK as instructed (including where a buyer cancels or amends shipping instructions after purchase), import VAT shall become payable by the buyer at the applicable rate then in force, together with any associated administrative costs reasonably incurred by Astoria in re-declaring the VAT position. Astoria reserves the right to withhold release or shipment of the lot pending payment of any VAT due under this sub-clause.

(c) Some lots in this catalogue may be marked with certain symbols of import relating to other aspects aside from VAT as follows:

(i) RM – the lot contains restricted material which may be subject to certain regulations as set out in 30(a) and 30(b);

ii) GS – Astoria has guaranteed the sale of a lot to the vendor at an undisclosed minimum price, whether through a guarantor who may or may not have a financial interest in the lot, or by Astoria itself agreeing to purchase the lot at that price if it does not sell for at least that amount at auction. Where a third party provides this guarantee, they may benefit financially if the lot sells successfully above the guaranteed amount, and may bear a loss if it does not;

(iii) GB – a party (a “guarantor bidder”) has provided Astoria with an irrevocable bid on the lot, which will be executed during the sale at a value that ensures the lot will sell. If the guarantor bidder is not the successful bidder, they may be compensated with a fee, calculated by reference to the final hammer price. If the guarantor bidder is the successful bidder, they will be required to pay the full hammer price and buyer’s premium in the usual way, and will not receive any additional compensation.

30. Notices

Any notice to any buyer, vendor, bidder, viewer or other client may be given by first class mail or email, in which case it shall be deemed to have been received by the addressee 48 hours after posting, or at the time of transmission if sent by email (provided no delivery failure notification is received).

All routine notices to Astoria, including but not limited to claims under the Authenticity Guarantee (condition 23) and general enquiries, must be sent in writing via email to [Astoria’s official contact email] or by traceable post. Formal legal notices, including notice of legal proceedings or statutory notices, must be sent to Astoria by traceable post only, and email shall not constitute valid service of such notices.

31. Copyright

The copyright of all content produced by and for Astoria Auctioneers for a lot including catalogue entries and images shall remain the possession of Astoria Auctioneers only and shall not be used by any other third party, including vendors or buyers of any given lots.

32. Severability

If any part of these Conditions of Business shall be found to be unlawful, invalid, illegal or unenforceable by any jurisdiction or court, then that part alone shall be deemed severed, and all other terms will remain valid and enforceable to the fullest extent permitted by law.

33. Law and Jurisdiction

(a) English law applies to the interpretation of these conditions.

(b) All parties involved irrevocably agree that the courts of England and Wales alone have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Agreement or its subject matter or formation (including non-contractual disputes and claims).

Terms & Conditions for Sellers

1. Definitions
In these terms and conditions of consignment:
(a) ‘auctioneer’, ‘agent’, ‘we’, ‘us’, etc means Astoria or its authorised auctioneer or representative as appropriate;
(b) ‘seller’, ‘vendor’, ‘consignor’ refer to the individual, organisation or institution who is in ownership of any given item which the agent has been contracted to offer for sale;
(c) ‘lot’ refers to any piece of property offered at auction by us on behalf of any given vendor;
(d) ‘sale’ refers to the auction and or auction day within which a lot is offered;
(e) ‘buyer’ refers to the holder of the highest bid accepted by the auctioneer conducting the sale, and shall include, where applicable, a guarantor or third party who purchases a lot in accordance with the guarantee arrangements set out in condition 23 of the Terms and Conditions for Buyers. The buyer shall be contractually bound to complete the purchase at the applicable price.
(f) ‘you’, ‘your’, etc. refer to the vendor as identified in Condition 1 (b);
(g) ‘hammer price’ refers to the level of bidding reached in the auction (at or above any given reserve price) at the time the auctioneer drops the hammer;
(h) ‘reserve price’ refers to the pre-agreed, confidential figure below which an item may not be sold;
(i) ‘after-sale’ refers to the sale of any lot which did not sell during the auction (i.e. failed to meet its reserve or received no bids), and which is subsequently sold by private treaty following the conclusion of the auction.

2. Vendor Commission
(a) Commission is charged to vendors as a percentage of the total value of their sales, at a rate of 0% unless otherwise agreed in writing. Commission, where appropriate, will be deducted automatically before payment for goods is released to vendors.

3. Loss and Damage

We are not regulated by the Financial Conduct Authority (FCA) for the provision of insurance to clients. However, for your protection, we insure all property consigned to us against loss or damage while in our care, custody or control, at its reserve price (or, in the case of lots offered without reserve, at the low end of the pre-sale estimate agreed with you at the time of consignment), subject always to the terms, conditions, limits and exclusions of our insurance policy from time to time in force. We do not make any charge to you for this cover.

Our liability to you under this condition is fixed by reference to the reserve price (or low estimate, as applicable) agreed at the time of consignment only, and shall not be increased or reduced by reference to any subsequent fluctuation in the market value of the lot, however arising.

This cover does not extend to loss or damage arising from inherent vice, wear and tear, gradual deterioration, or any pre-existing condition of the lot not disclosed to us at the time of consignment. Our liability shall be reduced to the extent that any loss or damage is caused or contributed to by your own act, omission, or failure to disclose relevant information about the lot’s condition or history.

Our total liability to you under this condition shall not exceed the reserve price (or low estimate, as applicable) agreed at the time of consignment, regardless of any subsequent revision to that figure.

4. Reserves
(a) Prior to the auction, you may set a pre-agreed reserve price on your lot which must be confirmed in writing. This is the hammer price below which a lot will not be sold except in accordance with condition 4 (e).
(b) A reserve may be designated as ‘fixed’ or ‘discretionary’ which mean that the agreed figure will be observed strictly or with 15% discretion, respectively.
(c) A reserve may not be changed except in accordance with condition 5.
(d) Where a reserve has been placed on an item, only we may bid on your behalf up to one bid below the reserve price. Under no circumstances may you or any representative of yours bid.
(e) We reserve the right to sell a lot below the pre-agreed reserve price provided we account to you for the same sale proceeds as you would have received had the hammer price equalled the reserve.
(f) We reserve the right to refuse to accept any lot for sale with a reserve, fixed or discretionary, of less than five hundred pounds.

5. Withdrawals and Alterations To Reserve

a) Lots withdrawn from sale once consigned, or where changes are made to any reserve, will at our discretion be subject to an administration charge of the greater of either £50 (+ VAT) per alteration, or 8% (+ VAT) of the higher of either the original or amended reserve price of each alteration.

Where a lot is withdrawn or a reserve is altered prior to sale, this charge shall be invoiced to you directly and shall be payable within 14 days of the invoice date. Where a withdrawn lot has already incurred costs recoverable under condition 5(b) (Storage) or elsewhere in these terms, Astoria reserves the right to offset the administration charge against any sums otherwise due to you, or to require payment of the charge as a condition of releasing the lot back to you.

(b) Storage. Where a lot is withdrawn under this Condition 5, you must arrange collection within a reasonable period following our written notice that it is available for collection. If a lot remains uncollected for a period exceeding three months from the date of that notice, Astoria may charge our standard storage fees applicable at that time from the expiry of that three-month period until collection, and reserves the right thereafter to sell the lot by auction or private treaty to recover any storage fees and other sums due to us under these Conditions, together with our reasonable costs of storage and sale, accounting to you for any surplus. Our liability for lots awaiting collection under this sub-condition is as set out in Condition 3 (Loss and Damage).

6. Unsold Lots
(a) As commission is charged solely as a percentage of the sale price of an item, there is no charge for unsold lots.
(b) Unsold lots may with your consent and at the agreement of both the auctioneer and vendor, be re-entered into another sale We reserve the right to refuse re-entry of lots unless the estimate and reserve price have been lowered by at least 20%.

7. Settlement
(a) Vendor accounts will be settled in full after all lots on the account have been paid for by their respective buyers, as early as is convenient for Astoria to do so, not sooner than ten calendar days after the sale and not later than thirty-five calendar days after the sale. For the avoidance of doubt, where an account contains multiple lots, settlement of the full account will not occur until payment has been received from the buyer(s) of all lots on that account, even where some lots have been paid for individually.

(b)Vendors will be paid by BACS or cheque as they prefer. We reserve the right to delay settlement of your account by up to five working days if you have not notified us of your preferred payment method and any relevant payment details by Monday on the week of the auction taking place. Where such details remain outstanding after this five-day period, payment shall continue to be withheld until they are provided, and Astoria shall bear no liability for any resulting delay.
(c) You authorise us to make any deductions, pre-agreed or levied in accordance with our terms and conditions for buyers where appropriate, from your account before settling the outstanding sum.
(d) If not all lots on an account have been paid for by their respective buyers within twenty-eight calendar days of the end of the sale, we will await your advice on how you would like us to proceed, and whether you would like us to pursue the respective buyers for any outstanding payments with legal or other action of our sole choice, or cancel individual transactions from your statement and settle the remaining balance.

8. Copyright
The copyright of all content produced by and for Astoria for a lot including catalogue entries and images shall remain the possession of Astoria only and shall not be used by any other third party, including vendors or buyers of any given lots.

9. Severability

10. Warranties
(a) The vendor warrants to Astoria that they have the right to sell all lots offered either as owner or agent for the owner.
(b) The vendor warrants to Astoria that any information provided in writing by them to Astoria regarding description, condition, authorship, authenticity, origin, treatments, age, provenance or other is accurate, and accepts full liability to Astoria for the original hammer price of any lot if any piece of information relied upon as part of a lot’s catalogue description, condition report or catalogue note is later proven to be false, resulting in the sale being rescinded and Astoria having to refund the buyer.

11. Aftersales

In cases where any given lot has not sold during the sale, Astoria reserves the right, at our sole discretion and without further reference to you, to agree the sale of the lot as an aftersale to any buyer at a price at or above the reserve price (fixed or discretionary), at any time within three months of the end of the sale. We will notify you in writing within five working days of any such sale, and settlement will be made to you in accordance with condition 7.

12. Law and Jurisdiction
(a) English law applies to the interpretation of these conditions.
(b) All parties involved irrevocably agree that the courts of England and Wales alone have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Agreement or its subject matter or formation (including non-contractual disputes and claims).

13. Notices

Any notice to any vendor may be given by first class mail or email, in which case it shall be deemed to have been received by the addressee 48 hours after posting, or at the time of transmission if sent by email (provided no delivery failure notification is received).

All routine notices to Astoria, including but not limited to notices of withdrawal or alteration to reserve under condition 5, and any other general enquiries, must be sent in writing via email to [Astoria’s official contact email] or by traceable post. Formal legal notices, including notice of legal proceedings or statutory notices, must be sent to Astoria by traceable post only, and email shall not constitute valid service of such notices.