Definitions In these Conditions, Ramsay Cornish Auctioneers and Valuers act only as the auctioneers and agents for the Vendor and are here referred to as “Ramsay Cornish” or “the auctioneer”. Any such reference shall include all employees and shall refer to either gender. The clause headings are for guidance and do not form part of the interpretation of the Conditions.
General. Whilst Ramsay Cornish make every effort to ensure the accuracy of their catalogues and the description of any lot:
Ramsay Cornish do not accept responsibility for the authenticity, attribution, genuineness, origin, authorship, date, age, period, condition or quality of any lot unless they have been instructed in writing by the seller to so certify and in such case, the auctioneers do so as agents of the seller and are not themselves responsible for such claims.
All statements whether printed in the catalogue or made orally as to any of the matters set out in (a) above are statements of opinion only and are not to be taken as being or implying any warranties or representations of fact by Ramsay Cornish unless they have been instructed by the seller in writing to so certify. Prospective buyers bid on the understanding that, inevitably, representations or statements by us as to authorship, genuineness, origin, date, age, provenance, condition, estimated selling price etc. are matters of opinion. We undertake that any such opinion shall be honestly and reasonably held and only accept liability for opinions given negligently or fraudulently. Please note that photographs/images provided may not be fully representative of the condition of the lot and should not be relied upon as indicative of the overall condition of the lot. We aim to include note of major defects to any lot in our Catalogue descriptions either in detail or referencing a/f (at fault), however it is entirely the responsibility of the prospective buyer to satisfy himself of the condition of any lot prior to bidding.
Inspection. Opportunity is given for inspection and each buyer by making a bid for a lot acknowledges that he has satisfied himself fully before bidding by inspection or otherwise to all the Sale Conditions, the physical condition of and description of the lot including but not restricted to whether the lot is damaged or has been repaired or restored.
All conditions, notices, descriptions, statements and other matters in the catalogue and elsewhere concerning any lot are subject to any statements modifying or affecting the same made by the Auctioneer from the rostrum prior to any bid being accepted for the lot.
Any claim under Statute must be received in writing by the Auctioneers within 48 hours of receipt of the item by the buyer.
The Auction. The Auctioneer has absolute discretion to divide any lot, to combine any two or more lots or withdraw any lot or lots from the sale, to refuse bids, regulate bidding or cancel the sale without in any case giving any reason or without previous notice. He may bid on behalf of the seller for all goods which are being offered subject to reserve or at the Auctioneer’s discretion. All persons intending to bid at auction are required to provide their full name, address and telephone number plus any further information which may be required such as proof of identity, bank references etc. and any other security and credit references or arrangements before registering to bid.
The highest bidder shall be the buyer except in the case of a dispute. The Auctioneer may at his sole discretion determine the advance of the bidding or refuse a bid. If, during the auction, the Auctioneer considers that a dispute has arisen, he has absolute discretion to settle it or to re-offer the lot. Bids which are accepted by the Auctioneer are considered binding.
© Online Bidding. We will use all reasonable efforts to carry out online bids and do not accept any liability for equipment failure, inability to access the internet or software malfunctions related to execution of online bids/live bidding.
Each lot is put up for sale subject to any reserve price agreed by the auctioneer and the seller. Where no reserve has been placed (but not otherwise), the seller has the right to bid either personally or by any one person on his behalf (who may be the Auctioneer).
Recission. Notwithstanding any other terms of these Conditions, if within 48 hours of receipt of the item by the buyer Ramsay Cornish has received from the buyer of any lot notice in writing that in his view the lot is a deliberate forgery and within seven days after such a notification the buyer returns the same to Ramsay Cornish in the same condition as at the time of sale, and by producing evidence, the burden of proof to be on the buyer, satisfies Ramsay Cornish that considered in the light of the entry in the catalogue, the lot is a deliberate forgery, then the sale of the lot will be rescinded and the purchase price of the same refunded. The seller and the buyer agree to be bound by Ramsay Cornish Auctioneers and Valuers. All costs incurred in returning a lot and arrangements to do so are to beborne entirely by the buyer. It is incumbent on the buyer to ensure, if requiring goods to be collected by carrier, that this is arranged promptly. With regard to goods collected by carrier or posted and then disputed as forgeries, any notification must be received in writing no later than seven working days after the sale. The item must then be returned within five days to be assessed by the auction house who will decide the validity of any claim.
Third Party Liability. Every person on Ramsay Cornish Auctioneers and Valuers premises at any time shall be deemed to be there at their own risk. He shall have no claim against Ramsay Cornish Auctioneers and Valuers in respect of any accident which may occur or injury, damage or loss howsoever caused, save in so far as the injury, damage or loss shall be caused by the direct negligence of Ramsay Cornish’s employees.
Property and Risk. The legal title in a lot shall not pass to the buyer until the lot(s) has been paid for in full and the Auctioneers shall be entitled to a lien on any lot sold until the purchase price (as defined in 12 below) is paid in full but each lot is at the sole risk of the buyer from the fall of the hammer. Each buyer shall forthwith give his full names and permanent address and if called upon to do so by the Auctioneer shall forthwith pay Ramsay Cornish such proportion of the purchase price as the Auctioneer may require. If the buyer fails to do so, the lot may, at the Auctioneers sole discretion, be put up again and re-sold.
Every bidder will be deemed to act as a principal unless there is in force a written acknowledgement accepted by Ramsay Cornish that he acts as agent on behalf of a named principal.
Removal of goods. No purchase shall be claimed or removed until the sale has been concluded. All lots shall be paid for and removed immediately following the sale. The lots, immediately on being sold, are held as delivered, and remain at buyer’s risk, no transfer of purchasers’ names being allowed. Lots not so removed shall remain at the risk of the buyer and subject to a warehousing charge. If they are not paid for and removed within seven days of the sale the Auctioneer may re-sell them by auction or privately without notice to the buyer. All liability which there may be on the part of the Auctioneer in respect of any loss shall be restricted to a maximum of the price paid by the buyer of the lot.
In the event of any failure of the buyer to comply with any of the above conditions the damages recoverable by the seller or the Auctioneers from the defaulter shall include any loss arising from the re-sale of the lots, together with the charges and expenses in respect of both sales and together with interest at 5% above the Bank of Scotland base rate charged on a monthly basis upon the price of any lot which has not been paid for within forty-eight hours of the sale, and any money deposited in part payment shall be held by the Auctioneers on account of any liability of the defaulter to them or to the seller.
Purchase Price. The buyer shall pay the hammer price together with a premium of 22% on the hammer price, Vat will be charged on this premium at the standard rate . The premium at the appropriate rate is payable by all purchasers. The amount invoiced in respect of the premium will be inclusive of VAT but this VAT will not normally be recoverable by the buyer as input tax. Online bidding is subject to an additional 5% premium (charged by the online bidding platform). This additional premium is subject to Vat at the current rate. The vendor authorises the Auctioneers to deduct commission and expenses at the stated rates from the hammer price and acknowledges the Auctioneer’s right to retain the premium payable by the purchaser. Artworks may be subject to additional charges such as ARR. (see clause 14).
Methods of Payment.
Payment for all items purchased is deemed due on the fall of the hammer and should be settled within five working days. All accounts to be settled by cash (up to £5000) or cheques with appropriate guarantee cards or by direct bank transfer to the Ramsay Cornish bank account – please ask for details. Third party cheques cannot be accepted. If making a payment combining payment methods we reserve the right to ask for further information to satisfy our legal requirements. Ramsay Cornish reserve the right to wait until payment by cheque has cleared their bank prior to releasing goods to the buyer.
All lots paid for by Online bidding must be settled by bank transfer to our bank account no later than five days after the sale. Unpaid accounts will result in the sale being cancelled after a period of three weeks and the lot re-offered unless we have received satisfactory communication about the delay and are satisfied with the proposed timescale. We reserve the right to charge a fee of a minimum of £50 for all and any administrative and legal costs in respect of any unpaid bills, these will be added to the original unpaid bill. Ramsay Cornish reserves the right to retain any sums due to any vendor if same vendor has an outstanding account due to Ramsay Cornish as a buyer. Ramsay Cornish would then ‘contra’ the amount due and pay to the vendor any balance remaining.
Registration to bid
We reserve the right to request additional ID, for example passport or government issued photo ID such as driver’s license. We may, at our discretion, decline to permit you to register as a bidder. If bidding for a third party, we require you to make us aware of this and for whom you act. We reserve the right to request further ID information regarding the third party and how payment for the lot(s) will be made. Online bidders may be required, should we not already have this information and depending on the hammer price of the purchased lot, to supply this information post sale. Should this information not be supplied or should we not be satisfied with the information given we reserve the right to withdraw the lot and cancel the sale.
Commission to Bid. Ramsay Cornish will execute bids on behalf of intending buyers unable to attend the sale at no charge. Ramsay Cornish Auctioneers and Valuers undertake to purchase lots as cheaply as allowed by other bids and reserves. Bids must be submitted either in person in the premises of Ramsay Cornish or by email giving full contact details and details of the bid you wish us to execute on your behalf. Whilst every care is taken in carrying out instructions, Ramsay Cornish cannot be held responsible for errors or omissions made in carrying out such bids.
Lots on which Value Added Tax is payable on or included in the hammer price are indicated in the catalogue or description sheet with a sign (this will usually be an asterix). VAT is payable on or included in the hammer price of such lots at the rates prevailing on the day of the auction.
Export of goods: buyers intending to export goods should ascertain whether any export licence is required and whether there is any prohibition on importing goods of that character. It is the buyer’s sole responsibility to obtain any relevant export or import licence. The denial of any licence or any delay in obtaining licences shall neither justify the recession of any sale nor any delay in making full payment for the lot.
Shipping/delivery: the buyer shall take full responsibility for arrangements for delivery of any lot purchased and all costs incurred. Packing will be the responsibility of the buyer to organise with their agent and will not be undertaken by Ramsay Cornish. We can recommend Mailboxes for smaller items or TNT for larger items, please contact us for details. We can also recommend carriers who can transport by van within the UK. No lot may be removed from the saleroom until payment has been received in full.
ARR (Artist’s Resale Rights). Artworks selling for a hammer price in excess of 1000 euros may be subject to artist’s sale rights payable by the buyer. This amount if applicable will be automatically added to your invoice. Lots where this additional fee is anticipated with be indicated in the lot description, however should lots which have not been expected to realise above this threshold, ultimately on the day, exceed this threshold, we reserve the right to add this surcharge to their invoice.
CITIES: Buyers should be aware that all lots marked with the symbol Y may be subject to CITES regulations when exporting these items outside the EU. These regulations may be found at https://www.defra.gov.uk/ahvla-en/imports-exports/cites
Ramsay Cornish accepts no liability for any lots which may be subject to CITES but have not be identified as such.
Electrical and Mechanical Goods. Lots that were once operated by electricity are bought entirely at the buyer’s risk. They are offered for sale for display or historical purposes and may not comply with current regulations. Upholstered items are sold as ‘works of art’ only and if bought for use must be checked over for compliance with safety regulations (items manufactured prior to 1950 are exempt from any regulations. Use of such goods is entirely at the risk of the buyer and no warranties as to the safety of the goods are given.
Jurisdiction. These conditions shall be governed by and construed in accordance with Scots Law. All transactions to which these Conditions apply and all matters connected therewith shall also be governed by Scots Law. Ramsay Cornish Auctioneers hereby submit to the exclusive jurisdiction of the Scottish Courts and all other parties concerned hereby submit in favour of Ramsay Cornish Auctioneers and Valuers to the non-exclusive jurisdiction of the Scottish Courts.
Like most businesses, Ramsay Cornish holds and processes a wide range of information about its clients and other persons who may be interested in Ramsay Cornish’s services. We are committed to protecting and respecting your privacy.
The privacy notice is split into the sections listed below. The terms used in this document, such as personal data are clarified in the Definitions at the end of the document. This document may be updated from time to time and we recommend that you check our policy regularly, this can be done by visiting our website where a link to this policy can be found on the home page. Any changes will be immediately effective on posting.
The rules on processing of personal data are set out in the General Data Protection Regulation (the “GDPR”).
Index to document
Who we are
How and when do we collect your personal data?
What personal data do we process and why?
Who gets to see your personal data?
How long do we keep your personal data?
What steps do we take to keep your personal data secure?
Third party websites
Access to your data and other rights
Who we are
Ramsay Cornish (SC252060) is an independent limited company of Auctioneers and Valuers of Goods and Chattels. Our offices and saleroom are based at 15-17 Jane Street, Edinburgh, EH3 6PP, all correspondence should be to this address. Contact details are: telephone, 0131 553 7000 or email: firstname.lastname@example.org . Our registered office is 7 Brandon Street, Edinburgh, EH3 5DX. Ramsay Cornish Auctioneers Ltd is the data controller. This means that we decide how your personal data is processed and for what purposes.
The categories and collection of personal data:
Collection directly from you in response to our request
Most of the personal data we process about you comes directly from you (whether face to face, over the telephone, on a paper form, by email or online) for example:
• when you register to bid in an auction, agree to sell your property through Ramsay Cornish or ask us to perform a valuation
• when you consign goods to sale with Ramsay Cornish
• when you express an interest in buying or selling certain types of property to one of our staff or representatives;
• when you sign up on ramsaycornish.com to receive news about upcoming auctions
Automatic collection when you visit our premises or our website
Your image may be collected by Ramsay Cornish if you attend our premises. We use CCTV at our saleroom for the protection of our staff, our visitors and the property that we sell. We also video our auctions for security reasons and to monitor bidding practices. From time to time we may have television crews visiting our saleroom to film a particular auction. From time to time we may upload a video of a particular lot being sold in our saleroom onto social media.
We collect data about your computer when you visit our website, which includes your internet address, your operating system and browser type. We use this information for our internal system administration, to help diagnose problems with our servers, to administer our website and monitor and improve the user experience.
We also collect data about you through cookies. A cookie is a simple text file that is stored on your computer or mobile device by our website’s server which allows our website to remember your preferences or transactions that are in progress. You can see more detail on cookies in our Cookies Policy.
Collection of data from other sources
We may also obtain information about you and/or the property you own or wish to collect from other sources, for example:
• When someone informs us that you are authorised to bid on their behalf at Ramsay Cornish or visits us to collect your property
What personal data do we process and why?
We have set out below the types of personal data that we process, the purposes for which we use it and the legal grounds on which we process it. The section Definitions contains more information about the legal grounds for processing. This will be deleted when there is no longer any legitimate or legal reason to retain it.
Purpose Examples of personal data
(please note that the list is not exhaustive) Legal grounds for processing
To provide you with requested services
(for example, bidding, selling, valuations, storage, shipping, sales advice) • name, title, and contact details (including email address, postal address, telephone numbers)
• your bank account details (if we need to pay you by bank transfer)
• details of the property to which the services relate
• nature of the services including contractual terms
• records of your communications with us (including bidding instructions recorded over the telephone or online bidding logs) Performance of a contract
To evidence our compliance with legal requirements, (for example, knowing our clients and preventing money-laundering, payment of taxation and customs duties, anti-discrimination) • details of your past transactions (including any tax paid or tax withheld) and/or shipments (including any permits obtained or duties paid)
• any requirements relating to Ramsay Cornish’s obligation to make reasonable adjustments to accommodate a disability or otherwise meet your specific needs
• any information relating to a dispute or legal proceeding Compliance with a legal obligation
To keep you, our staff, and property on our premises secure • CCTV images Legitimate Interests
To provide you with details about upcoming auctions at Ramsay Cornish. • your name, email address and/or postal address
Legitimate Interests (for clients who have previously requested or received services)
Consent (for clients who have not requested or received services but have signed up to receive Ramsay Cornish’s news online, at an event, by talking to a member of staff)
To create and maintain records on art objects to assist with checks on authenticity, provenance and title and prevent fraud, theft or other unlawful activities • your interest in, possession of, or ownership (historic or current) of any relevant art object, or similar object
• allegations of fraud, theft or other unlawful activities relating to an object connected to you
• communications with the police, courts, regulators or other government or law enforcement authorities in relation to you or your object Legitimate interests
To monitor the performance of our website and make your user experience better • your internet address
• your browser type and operating system
• the resources you access on our wider website
• the data obtained from cookies, web logs and other similar technologies that monitor the use of our website and deliver more appropriate advertisements on or beyond our website Legitimate Interests
To monitor your use of our services, train our staff and improve your client or user experience • your complaints, opinions, or comments
Sharing your personal data
Your personal data will be treated as strictly confidential and will be shared only if it is necessary to enable us to provide you with the services you have requested ie we may transfer your data to our bank, shippers, or carriers, insurers. Where we do so it will be on the basis that these organisations are required to keep the information confidential and secure, and they will only use the information to carry out the instructed services.
We may also need to retain and disclose certain information about you to appropriate agencies to conduct for example anti-money laundering and trade sanction checks and to assist with fraud and crime prevention and detection or on occasion we may receive a request from hmrc.
No government entity has direct access to your data. Where we receive a request from a government or law enforcement authority to provide your data, we will only disclose such information where we are ordered to do so by a court or we are otherwise satisfied after internal review that the body making the request has both the right to seek disclosure and has followed the correct process.
How long will we keep your personal data?
We will retain your personal data for as long as is necessary to provide the relevant services, maintain business records to satisfy tax, legal and other regulatory requirements, for safeguarding purposes, and protect and defend against potential legal claims.
What steps do we take to keep your personal data secure?
We will take all reasonable and appropriate steps to protect the security and integrity of all personal information provided via our website, or by any other means electronic or otherwise.
We use a variety of security technologies and procedures to help protect your personal details from unauthorised physical and electronic access.
As effective as modern security practices are, we cannot guarantee the complete security of personal data held in our systems, nor that that information you supply through the internet or any computer network is entirely safe from unauthorised intrusion, access or manipulation during transmission. Any transmission is at your own risk. We will not be liable for any resulting misuse of your personal data.
Providing us with your personal data
You are under no statutory or contractual requirement or obligation to provide us with your personal data.
Bidding at Ramsay Cornish/consigning goods to sale/receiving instructions for and undertaking a formal valuation
We require your personal data as it is a requirement necessary to enter into a contract.
Your rights and your personal data
Unless subject to an exemption under the GDPR, you have the following rights with respect to your personal data:
• The right to request a copy of the personal data which we hold about you;
• The right to request that we correct any personal data if it is found to be inaccurate or out of date;
• The right to request your personal data is erased where it is no longer necessary to retain such data;
• The right to withdraw your consent to the processing at any time, where consent was the lawful basis for processing the data
• The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction is placed on further processing;
• The right to object to the processing of personal data, (where applicable i.e. where processing is based on legitimate interests); direct marketing and processing for the purposes of historical research and statistics).
6. Transfer of Data Abroad
We do not transfer personal data outside the EEA.
7. Further processing
If we wish to use your personal data for a new purpose, not covered by this Data Privacy Notice, then we will provide you with a new notice explaining this new use prior to commencing the processing and setting out the relevant purposes and processing conditions.
9. How to make a complaint
To exercise all relevant rights, queries or complaints please in the first instance contact us on email@example.com or call us on 0131 553 7000 where a member of staff will be able to help you.
Data controller - A controller determines the purposes and means of processing personal data.
Data processor - A processor is responsible for processing personal data on behalf of a controller.
Data subject – Natural person
Categories of data: Personal data and special categories of personal data
Personal data - The GDPR applies to ‘personal data’ meaning any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier (as explained in Article 6 of GDPR). For example name, passport number, home address or private email address. Online identifiers include IP addresses and cookies.
Processing - means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Third party - means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
Compliance with a legal obligation - processing is necessary to ensure we comply with our legal and regulatory obligations.
Consent – you have given specific consent to the processing of your personal data.
Filing System – a structured set of personal data that is accessible according to specific criteria.
Legitimate Interests - processing is necessary for our or a third party’s legitimate interests in carrying on, managing and administering our respective businesses effectively and properly (except where our or the third party’s interests are overridden by your own interests, rights and freedoms).
Performance of a contract – processing is necessary to carry out our contractual duties, exercise our contractual rights or otherwise perform our contract with you, or to take steps at your request to enter a contract.
Personal Data - any data relating to an identified or identifiable natural person. This can include names, user ID, location data, email addresses, photographs, job applications, purchase history, user account information, opinions, and correspondence to and from an individual.
Processing - any operation performed on personal data, such as collection, recording, storage, retrieval, use, combining it with other data, transmission, disclosure or deletion.
Public Interest – processing is necessary for the performance of a task carried out in the public interest.