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Terms & Conditions of Sale – Buyer


These Terms outline the conditions under which Beau Marques Ltd., acting as an agent for the Seller, offers Lots for sale via public auction to you, the Buyer.


1. Our Role


a. Beau Marques Ltd. facilitates the sale of Lots on behalf of Sellers through auctions.
b. As the Buyer, you are responsible for paying the final hammer price, plus a Buyer’s Premium (15%), VAT where applicable, and any relevant fees, within 5 working days of the auction.
c. We respect your privacy. All personal information is securely stored and never sold. For more details, see our Privacy Policy at www.beaumarques.com/privacy-policy.


2. Estimates


a. Estimates are provided as a reference to help you gauge potential selling prices.
b. They are not fixed and should not be treated as expected sale prices.
c. Estimates exclude the Buyer’s Premium, VAT, and other charges.
d. Updates to estimates may be made via saleroom notices or announcements prior to bidding.


3. Buyer Responsibilities


a. When bidding, you confirm:
  i. Your intent to pay if successful.
  ii. That you have sufficient funds for the full purchase amount, including fees and taxes.
  iii. Your funds are not linked to illegal activity or financial crime.
  iv. If exporting the Lot outside the UK, all duties, taxes, and licensing are your responsibility.


b. If you cancel your purchase, we may reimburse the Seller directly and retain part of the refund if the item is damaged or altered by you.


c. You agree to cover any costs or legal claims arising from your breach of these terms.


4. Viewing Lots


a. Our knowledge of Lots comes from the Sellers. While we review Lots where possible, we rely on Sellers’ disclosures.
b. We highly recommend in-person inspection during viewing times. Bidding (in person, online, or remotely) indicates you accept the Lot's condition.
c. Lots, particularly used ones, are sold as seen. Condition-related issues included in the catalogue or that would have been visible upon inspection will not be grounds for claims.


5. Lot Descriptions


a. Descriptions may be based on:
  i. Information from the Seller.
  ii. Our own observations (although detailed inspection may not occur).
b. Buyers and their advisors must conduct their own inspections and verify descriptions before bidding.
c. All opinions (e.g., age, authenticity, origin) are given in good faith. We are liable only for opinions given negligently or fraudulently.


6. Registration & Bidding


a. You must register to bid no later than 5pm on the day before the auction.
b. For high-value items, earlier registration may be required for verification.
c. We may require refundable deposits on high-value Lots.
d. Invoices are issued in the name and address provided at registration.
e. Written absentee bids will be executed at the lowest possible price, subject to reserve and competition. If two identical bids are submitted, we may prioritize the first.
f. Telephone bidding is offered for higher-value Lots on a first-come, first-served basis.
g. Online bidding is available via beaumarques.com and irostrum.com (subject to their terms and fees).
h. Registration may be refused if required documentation is not provided.
i. We may bid on behalf of the Seller up to just below the reserve price.
j. We reserve the right to reject bids at our discretion.
k. Bid increments are set by us.
l. The highest accepted bid becomes the Buyer. In case of disputes, we will resolve them at our discretion.


7. Anti-Money Laundering Compliance


a. We comply with AML regulations for car sales exceeding €10,000 (or equivalent).
b. Bidders may be required to submit photo ID and proof of address before bidding.


8. Final Purchase Price


You will be charged:
i. Hammer Price
ii. Applicable Buyer’s Premium
iii. Any resale royalty (see Section 10)
iv. VAT where applicable


9. VAT Obligations


 a. You are liable for VAT on the hammer price and premium where applicable.
b. VAT will be charged at the rate in force at the time of the auction.


10. Buyer-Seller Contract


a. The sale contract is formed when the auctioneer accepts your bid with the fall of the hammer.
b. You may enforce seller obligations in the Seller Terms if their breach causes you loss.
c. If you breach these Terms, you may be liable for any loss to us or the Seller. We may assist the Seller in bringing a claim.
d. We act as an agent unless explicitly selling our own Lot.
e. We may cancel or delay a sale if:
  i. You breach your warranties
  ii. AML checks are incomplete
  iii. We suspect the transaction is unlawful
  iv. Completion might expose us to liability


11. Payment Terms


a. After a successful bid, you must pay the full amount using one of the following:

  • BACS
  • Debit card
  • Cash (in person, up to £8,000)


12. Ownership & Collection


a. You do not own the Lot until we receive full cleared payment.
b. You cannot collect your Lot until full payment is confirmed.
c. Collection must occur:

  • Within 5 working days of the auction, or
  • Within 5 working days of payment clearing, whichever is later.


13. Storage


a. Failure to collect within the time frame may result in storage, insurance, and removal fees.
b. Risk transfers to you upon physical collection.
c. If not collected within 90 days, we may resell the Lot and deduct costs, including commission, from proceeds before returning the balance to you.


15. Remedies for Non-Payment


If you fail to meet your obligations, we may:
  i. Seek damages
  ii. Cancel your purchases
  iii. Resell the Lot and hold you liable for any shortfall
  iv. Store the item at your cost
  v. Charge interest (up to 1.5% per month) on overdue payments
  vi. Withhold any of your Lots
  vii. Block you from future auctions
  viii. Offset debts using proceeds from Lots we sell on your behalf

We will make reasonable efforts to contact and work with you before enforcing these measures.


17. Data Privacy


Your personal data is processed in accordance with our Privacy Policy available at www.beaumarques.com/privacy-policy.


18. Limitations of Liability


a. Except where stated, we exclude all warranties to the extent permitted by law.
b. Nothing limits liability for death, personal injury from negligence, or fraud.
c. We are not liable for indirect, consequential, or economic losses.
d. For auction-related claims, our liability is capped at £15,000 or the hammer price—whichever is higher.
e. We are not responsible for bid failures due to technical faults or system outages.


19. General Terms


a. We are not liable for failure to perform due to unforeseen events ("Force Majeure").
b. All visitors to our premises do so at their own risk.
c. English law applies. Disputes may be brought in the courts of England & Wales, or in your home jurisdiction if you live in Scotland or Northern Ireland.
d. If any term is unenforceable, the remainder remains in effect.
e. All notices must be sent in writing to the contact address listed on our website.
f. If you collect a Lot, you are responsible for all related costs and duties.

Terms & Conditions of Sale – Seller


These Terms outline the agreement under which Beau Marques Ltd., as your appointed agent, will list and sell Lots via public auction on your behalf.


1. Our Role as Agent


a. By consigning your items to us, you authorise Beau Marques Ltd. to act as your agent for auction sales.
b. You agree to pay us a seller’s commission along with any applicable VAT.
c. We will not include any Lots in an auction until they are received by us.
d. Once a Lot sells, we will remit the hammer price to you, less our seller’s commission (15%, unless stated during promotion), insurance, and any other agreed charges, plus VAT, within 28 working days from the auction date or 7 days after payment from the buyer—whichever is later.
e. We treat your personal information with care and in line with our Privacy Policy.


2. Reserves


a. We’ll agree a reserve price with you before the auction. This may exceed the opening bid.
b. The reserve price will remain confidential.
c. We may bid on your behalf up to the reserve. However, you and anyone on your behalf are not permitted to bid on your own Lot.


3. Seller Commitments


a. You confirm that:
  i. You are the rightful owner of the Lot and authorised to sell it.
  ii. You have no reason to believe it is a faulty, other than stated in description.
  iii. The Lot is free legal claims.
  iv. The Lot is not associated with unlawful activity.
  v. You’ve shared all relevant, accurate details (history, condition, provenance).
  vi. If imported, all duties and taxes were paid and declarations made.
  vii. You’ll settle any applicable duties or taxes arising from the sale.
  viii. You’ve disclosed any known alterations to the Lot.

b. If you withdraw a Lot without our agreement, you must pay us 15% of the Lot’s mid-estimate value and reimburse any associated costs within 14 days (unless seller fees are 0% during promotion).
c. If a buyer exercises their cancellation right, we may refund them directly. If damage or alteration occurred, that amount may be deducted from your proceeds.
d. You agree to fully indemnify both Beau Marques Ltd. and the buyer against losses or legal claims stemming from any breach of your obligations.


4. Insurance (Loss & Damage Warranty)


a. While in our custody, your Lot is insured against accidental damage, fire, theft, and water damage (except to glass). We charge 1.5% (plus VAT) of the hammer price or estimated value.
b. Until the Lot is sold and risk transfers to the buyer, it remains your responsibility. You will cover any losses or claims related to the Lot.


5. Anti-Money Laundering (AML)


a. We comply with AML legislation applying to high-value transactions.
b. We may require ID and proof of address before accepting a Lot for auction.


6. Photography & Marketing


a. We may create or commission images or videos of your Lot and retain full rights to use them for any purpose. You confirm there are no restrictions on our ability to do so.


7. Unsold Lots


a. Unsold Lots (not withdrawn) will be listed for After Sale offers.
b. If an offer at or above the reserve is received, we may sell without contacting you. Offers below reserve will be referred to you for approval.
c. You may remove your Lot from After Sale status at any time.
d. If unsold, we may (with your agreement) re-list it in a future auction or return it to you. Collection and associated costs are your responsibility.


8. Withdrawn Lots


a. If we withdraw your Lot, we’ll notify you and expect collection within 30 days.
b. Failure to collect within that time frame will incur a storage charge of £5 per day per Lot.
c. You must arrange and pay for removal and transport.


9. Contract with the Buyer


a. When the auctioneer accepts the final bid, a sale contract is formed between you and the buyer.
b. You may enforce the Buyer’s terms if their breach causes you a loss.
c. Breaching these terms may expose you to claims from us or the buyer. We may share relevant information with claimants.
d. We are your agent and not responsible for defaults by you or the buyer.
e. We may delay or cancel a sale if:
  i. AML checks are incomplete.
  ii. Concerns arise regarding the buyer’s compliance with AML laws.
  iii. We believe the sale may be unlawful.
  iv. We are exposed to legal liability as a result.


10. Payment to Seller


a. Once the buyer has paid and AML checks are completed, we aim to pay your net proceeds within 28 working days of the auction.
b. If the buyer fails to pay, you will not receive settlement. We will consult you on any recovery actions.
c. You must notify us of any change in your bank account. We are not liable for payments made to incorrect accounts due to outdated information.
d. If an overpayment is made to you, we may request reimbursement.
e. We reserve the right to deduct any amounts you owe us from your sale proceeds.


11. Liability


a. Except where specified, we disclaim all warranties to the fullest extent permitted by law.
b. Nothing excludes liability for death, injury, or fraud caused by negligence.
c. We are not liable for indirect or financial losses, including loss of profits or revenue.
d. Unless the Lot itself is the issue, our maximum liability is £5,000—or, if related to an item sold, the greater of £15,000 or the hammer price.
e. We are not liable for missed or failed bids due to system outages or technical issues.


12. General Conditions


a. We are not liable for delays or non-performance due to Force Majeure. If affected, we will notify all parties within 5 days and try to mitigate the issue.
b. Everyone visiting our premises does so at their own risk.
c. English law governs these terms. If you reside in Scotland or Northern Ireland, you may bring proceedings in those jurisdictions.
d. If any clause is found unenforceable, the rest of the terms remain valid.
e. Notices to us must be submitted in writing via the address on our website.
f. If collecting a Lot, you are responsible for all logistics and costs.


13. Glossary of Definitions


  • Auctioneer: Beau Marques or its authorised auctioneer, such as iRostrum.
  • Bidder: Anyone placing a bid at auction.
  • Buyer: The individual whose bid is accepted as the highest.
  • Buyer’s Premium: The additional fee payable by the Buyer.
  • Consumer: A person acting outside their professional or business activity.
  • Deliberate Forgery: A fake work misrepresented as genuine, where the misrepresentation materially affects its value.
  • FCA: Financial Conduct Authority.
  • Hammer Price: The winning bid accepted by the auctioneer.
  • Lot: Item(s) consigned for auction.
  • Money Laundering Regulations: The Money Laundering and Transfer of Funds Regulations 2017.
  • Reserve: Minimum acceptable sale price for a Lot.
  • Sale Proceeds: The net amount payable to the Seller.
  • Seller: Owner of the Lots offered for auction.
  • Seller’s Commission: Our fee for selling a Lot (usually 15%, unless 0% stated during promotion).
  • Terms of Sale – SELLER: These seller-specific auction terms.
  • Terms of Sale – BUYER: Auction terms applicable to buyers.
  • Trader: A seller acting in the course of a business.
  • VAT: Value Added Tax.
  • Website: www.beaumarques.com