1. General

These online auctions are conducted by Walvis Ltd (“Walvis”).
Walvis may use third-party platforms and partners for absentee and live bidding services.

These Terms and Conditions apply to all participants in auctions organized by Walvis. By placing an absentee bid or participating in live bidding, the bidder fully and unconditionally accepts these Terms and any applicable terms of the bidding platform used.

2. Registration

Any person wishing to participate in an auction, whether by absentee or live bidding, must register with Walvis. Registration is recommended no later than twelve (12) hours prior to the sale to allow verification of commercial references.

In compliance with anti-money laundering regulations, bidders must provide a copy of a valid identity card or passport. Where the bidding platform does not request such documentation, it must be submitted directly to Walvis by email. All identification documents are securely encrypted prior to storage in accordance with applicable data protection requirements.

Any person registering or bidding on behalf of a third party shall remain fully and personally liable for all bids placed, payments due, and related obligations. No claim of agency or representation shall relieve such person of liability.
 

3. Absentee Bids

Absentee bids may be submitted in writing by email, post, or through approved online platforms, including Redpoint or any other platform authorized by Walvis.

Absentee bids must be received no later than four (4) hours prior to the commencement of the auction. Walvis reserves the right to reject any absentee bid or require a deposit from bidders unknown to Walvis or its partners.

Absentee bids received after the deadline may be disregarded at Walvis’s sole discretion.

Submission of an absentee bid constitutes an irrevocable undertaking to purchase the relevant lot at the hammer price, provided such price does not exceed the absentee bid amount, together with the applicable buyer’s premium, taxes, and fees.

Absentee bids may be increased up to thirty (30) minutes prior to the sale. Afterwards bids can be placed live. Requests to reduce or cancel absentee bids must be submitted electronically in writing no later than four (4) hours prior to the sale and shall only be effective upon written confirmation by Walvis.

Walvis reserves the right to refuse any absentee bid at its sole discretion and without stating reasons.
 

4. Conduct of the Auction

All bidding and invoicing are conducted in British Pounds Sterling (GBP).

Lots are offered in numerical catalogue order. Catalogue prices are starting prices only. Walvis reserves the right to increase starting prices based on absentee bids received prior to the auction. Bids below the starting price shall not be accepted.

Walvis may, at its sole discretion and at any time, reject any bid, withdraw any lot, or reopen bidding on any lot.

The highest accepted bid shall constitute the hammer price. The successful bidder shall be obligated to purchase the lot at the hammer price together with the applicable buyer’s premium, taxes, and fees.

During live bidding, a “Fair Warning” notice will appear prior to the closing of bidding. Any bid placed during this period shall cancel the notice and let bidding continues.

In the event of identical bids, priority shall be given to the first bid received and accepted.
 

5. Premium & Taxes
Buyer's Premium

A buyer’s premium of 25% shall be added to the hammer price of each lot purchased and shall form an integral part of the total amount payable by the buyer.

VAT

For most lots, VAT is included within the buyer’s premium under the margin scheme.

Certain lots are subject to standard UK VAT at the prevailing rate of 20%:

• Lots marked with (*) are subject to VAT on the buyer’s premium only;

• Lots marked with (Δ) are subject to VAT on both the hammer price and the buyer’s premium.

Shipping charges are always subject to 20% VAT.

Where delivery takes place within the United Kingdom, VAT shall apply irrespective of the buyer’s location.

Exports may qualify for VAT exemption. Where Walvis arranges shipping and export documentation, the exemption shall be applied directly. Where the buyer arranges shipment independently, VAT shall initially be charged and reimbursed upon receipt of satisfactory proof of export documentation.

Other Taxes and Duties

The buyer shall be solely responsible for any import duties, customs charges, taxes, or other governmental levies applicable in the destination country.

6. Shipping

Shipping and insurance costs shall be borne entirely by the buyer.

Shipping charges shall be determined by Walvis based on the invoice value, destination, insurance requirements, and declared value.

Should the buyer request an alternative shipping method or arrange shipment independently, Walvis must be notified no later than upon receipt of the invoice.
 

7. Payment

Payment is due immediately upon receipt of the invoice.

Although invoices are issued in GBP, Walvis may accept payment in EUR at an exchange rate determined by Walvis.

The total amount payable shall include hammer price; buyer’s premium; shipping and insurance charges;  applicable taxes and fees.

The buyer acts solely in his own name and shall remain personally liable for full payment of all amounts due.

Lots shall not be released or shipped until full cleared payment has been received.

Payment shall be made exclusively by bank transfer. All banking fees and transfer charges shall be borne by the buyer.

Late payments shall accrue interest at the rate of 1.5% per month on the outstanding invoice amount.
 

8. Ownership

Risk in the lot shall pass to the buyer immediately upon adjudication. Title to the lot shall not pass to the buyer until full payment of the invoice, including all applicable fees, taxes, and charges, has been received by Walvis in cleared funds.
Lots offered for sale may be consigned by third parties or may constitute the property of Walvis. The successful bidder acknowledges that he shall have no right to disclosure of the identity of the consignor and further acknowledges that Walvis may receive commissions or other remuneration from the consignor in connection with the sale of a lot.

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9. Returns and Withdrawal Rights

Participation in an auction does not constitute a distance sale or online retail transaction. Accordingly, no statutory right of withdrawal or cancellation shall apply after the sale.

Viewing is available by appointment up to twenty-four (24) hours prior to the auction. Requests for additional information, photographs, or condition reports must be submitted no later than twenty-four (24) hours before the sale.

Descriptions and condition assessments are provided in good faith and to the best of Walvis’s expertise.

Returns shall only be accepted within fifteen (15) calendar days from receipt of the lot where a substantial and manifest error in both the description and photographs materially affects the value of the item.

Any claim must be supported by a detailed written opinion from a recognized expert and be sent by registered mail.

Walvis reserves the right to obtain its own expert opinion, which shall prevail in the event of a mere difference of opinion.

If a claim is accepted, the lot must be returned at the buyer’s expense. A refund of the hammer price and buyer's premium shall be issued only after verification that the lot has not been altered, damaged, or otherwise depreciated.

Claims relating to multiple lots shall not be accepted.

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10. Use of Images and Publications

Walvis reserves the right to photograph, reproduce, publish, and use images or other representations of any lot sold at auction for advertising, promotional, archival, editorial, or commercial purposes, including in catalogues, publications, and on its website or other digital media, without compensation to the buyer or consignor.
 

11. Anti-Money Laundering Compliance

Walvis complies with all applicable laws and regulations concerning the prevention of money laundering and terrorist financing.

Walvis may require identification documents and conduct due diligence procedures in relation to business relationships and transactions equal to or exceeding EUR 10,000, whether conducted in a single transaction or in several related transactions.

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12. Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales.

Any dispute arising out of or in connection with these Terms and Conditions shall fall within the exclusive jurisdiction of the courts of Birmingham, England, provided that Walvis reserves the right to bring proceedings before the courts of the buyer’s domicile.

In the event of discrepancy, the English version of these Terms and Conditions shall prevail.
 

Walvis reserves the right to amend these Terms and Conditions at any time and without prior notice.