OBERON AUCTIONS LTD
BUYER’S TERMS OF BUSINESS
Effective September 2026
These Buyer’s Terms of Business (“Terms”) apply to all bidders and buyers participating in auctions, post-auction sales and private sales conducted by Oberon Auctions Ltd (“Oberon”, “we”, “us” or “our”).
By registering to bid, submitting a bid, making an offer, purchasing a Lot or otherwise participating in an auction or sale conducted by Oberon, you confirm that you have read, understood and agree to be bound by these Terms.
Where an auction is also conducted through a third-party bidding platform, that platform may have its own terms of use. These Terms govern the contractual relationship with Oberon and, in the event of any inconsistency concerning the sale of a Lot, these Terms shall prevail to the fullest extent permitted by law.
Auction means any live, timed, online or other auction conducted by or on behalf of Oberon.
Bidder means any person or entity registered or otherwise permitted to bid.
Buyer means the Bidder whose bid or offer for a Lot is accepted.
Buyer’s Premium means the commission of 20% of the Hammer Price payable by the Buyer to Oberon in addition to the Hammer Price.
Hammer Price means the amount at which a Lot is knocked down or otherwise sold to the Buyer, excluding the Buyer’s Premium, taxes, shipping and any other applicable charges.
Lot means any item or group of items offered for sale.
Purchase Price means the Hammer Price plus the 20% Buyer’s Premium and any applicable VAT, taxes, administration fees, shipping, storage or other amounts properly due under these Terms.
Reserve means the confidential minimum price below which the Seller is not normally prepared to sell a Lot.
Seller means the owner of the Lot or the person authorized to sell it.
Unless expressly stated otherwise, Oberon acts as auctioneer and agent for the Seller.
The contract for the sale of a Lot is between the Seller and the Buyer. Oberon has separate contractual rights against the Buyer under these Terms, including the right to receive the Buyer’s Premium and other amounts due to Oberon.
Oberon may hold, store, photograph, advertise, catalogue, transport and otherwise handle Lots on behalf of Sellers.
Bidders must be at least 18 years old and legally capable of entering into a binding contract.
Oberon may require identification, proof of address, payment information, financial references, deposits, bank references or other information before approving a Bidder.
Oberon reserves the right, acting reasonably, to refuse registration, reject a bid, impose a bidding limit, require a deposit or other security, or prohibit any person from participating in an Auction.
A Bidder is responsible for all activity conducted through their bidding account and must keep login and account details secure.
Where a person bids on behalf of another person or entity, Oberon may require satisfactory written evidence of their authority to do so. Unless Oberon has agreed otherwise in writing, the person placing the bid may be held personally responsible for the obligations arising from it.
Every bid constitutes an irrevocable and legally binding offer to purchase the Lot at the amount bid, together with the 20% Buyer’s Premium and all other applicable amounts.
Bidders are responsible for checking their bids before submitting them.
Oberon is not obliged to cancel or retract a bid because a Bidder has made an error.
Bids may be accepted in the auction room, online, by telephone, by commission or absentee bid, or through approved third-party bidding platforms.
Unless expressly stated otherwise before an Auction, Oberon does not charge an additional online bidding or platform fee merely because a Buyer bids through an online bidding platform.
A third-party bidding platform may separately impose charges under its own terms which are outside Oberon’s control.
Telephone, internet and absentee bidding facilities are provided as a convenience. Oberon will take reasonable care in operating them but cannot guarantee uninterrupted availability or accept responsibility for failures, delays or errors outside its reasonable control.
The auctioneer has discretion to:
The auctioneer’s decision concerning the conduct of the Auction is final, subject to any rights which cannot legally be excluded.
The highest bid accepted by the auctioneer will normally be the winning bid. The fall of the hammer, or equivalent confirmation in a timed or online auction, creates a binding contract of sale.
Lots may be offered subject to a Reserve.
The Reserve will not normally exceed the lower estimate unless otherwise disclosed.
The auctioneer may execute bids on behalf of the Seller up to the Reserve.
A Lot described as “No Reserve” will be sold without a minimum selling price.
The Buyer must pay to Oberon a Buyer’s Premium of 20% of the Hammer Price for each Lot purchased.
The Buyer’s Premium is payable in addition to the Hammer Price.
For example, a Lot purchased for a Hammer Price of £10,000 will attract a Buyer’s Premium of £2,000, before any applicable VAT, taxes, shipping or other charges.
Any VAT or other tax legally applicable to the Buyer’s Premium or Purchase Price will be charged as required by law.
Unless expressly stated otherwise before the Auction, Oberon does not charge an additional online bidding or platform fee merely because a Buyer bids through an online bidding platform. A third-party bidding platform may separately impose charges under its own terms which are outside Oberon’s control.
The majority of Lots sold by Oberon are collectible, vintage, historic, used or unique objects. They may therefore exhibit wear, ageing, restoration, damage, alterations, fading, repairs, losses, imperfections or other characteristics consistent with their age and history.
Unless expressly stated otherwise, all Lots are sold “as is” in their condition at the time of sale.
Catalogue descriptions, photographs, measurements and condition information are intended to assist Bidders but are not a substitute for inspection.
Photographs may not accurately reproduce colors, scale, texture or every defect.
Condition reports may be requested before the Auction where available.
Bidders are strongly encouraged to inspect Lots personally or obtain additional photographs, condition information or independent professional advice before bidding.
The absence of any reference to a particular defect does not necessarily mean that a Lot is free from that defect.
Oberon undertakes research and cataloguing in good faith and uses reasonable care when describing Lots.
Information concerning an artist, author, date, publication, production, provenance, attribution, previous ownership, exhibition history, screen use, publication use, dimensions, medium or other characteristics may involve matters of opinion, interpretation or information supplied by the Seller or third parties.
Estimates are opinions only and are not representations or guarantees of the value or future value of a Lot.
Oberon may amend or correct catalogue information before or during an Auction. Any material correction or amendment published or announced before the Lot is sold forms part of the description of the Lot.
The purchase of an original artwork, illustration, comic page, movie artwork, video game artwork, design, manuscript, photograph or other creative work transfers ownership of the physical object only, unless expressly stated otherwise in writing.
Copyright, reproduction rights, trademarks, publishing rights, licensing rights and other intellectual property rights do not transfer with the Lot merely because the physical artwork or object has been purchased.
The Buyer is responsible for obtaining any necessary permissions before commercially reproducing, publishing, licensing or otherwise exploiting intellectual property associated with a Lot.
Oberon makes no representation that purchasing a Lot grants the Buyer any intellectual property rights in it.
Oberon takes reasonable care in researching and cataloguing Lots.
Where Oberon expressly identifies a Lot in the catalogue title as an original work by a named artist, creator or manufacturer, that attribution is made in good faith on the basis of information reasonably available to Oberon at the time of sale.
If a Buyer believes that such a material attribution is incorrect, the Buyer must notify Oberon in writing promptly after discovering the issue and provide reasonable supporting evidence.
Oberon may require the Buyer, at the Buyer’s initial expense, to obtain opinions from appropriately qualified independent experts acceptable to Oberon.
If Oberon is reasonably satisfied that a material attribution expressly made by Oberon was incorrect at the date of sale, Oberon may rescind the sale provided that the Lot is returned in the same condition in which it was sold.
Upon valid rescission, Oberon’s liability shall be limited to refunding the amounts actually paid to Oberon in respect of that Lot.
Oberon will not be responsible for any increase or decrease in market value, loss of profit, loss of opportunity, financing cost or other consequential loss.
Nothing in this section excludes liability which cannot legally be excluded.
Unless specifically described as an integral part of the Lot, frames, mounts, display cases, stands and similar materials are provided for presentation and protection only.
Oberon does not guarantee their condition or suitability.
Where artwork is framed behind glass or another glazing material, damage to the frame or glazing shall not by itself constitute grounds for cancellation of the sale.
The Buyer must pay the Purchase Price in full within the period stated on the invoice and, unless otherwise stated, within seven calendar days of the invoice date.
The Purchase Price consists of the Hammer Price, the 20% Buyer’s Premium, and any applicable VAT, taxes, shipping, storage, administration fees or other amounts properly payable under these Terms.
Payment must be made in the currency specified on the invoice.
Oberon may accept payment by bank transfer, debit card, credit card or other payment methods approved by Oberon.
Where legally permitted, Oberon may charge a 1% administration fee on payments made by credit card or debit card. No such administration fee will be charged where doing so would be prohibited by applicable law.
Oberon reserves the right to specify which payment methods are available for any particular transaction and may require payment by bank transfer for high-value purchases or where reasonably required for fraud prevention, anti-money laundering, sanctions compliance or other risk-management purposes.
Oberon may impose reasonable limits on the amount which may be paid by card.
Payment is not considered complete until Oberon has received cleared funds.
Oberon may apply money received from a Buyer against any outstanding amount owed by that Buyer to Oberon.
Legal title to a Lot does not pass to the Buyer until Oberon has received the Purchase Price and all other amounts due from the Buyer in full in cleared funds.
Oberon is not required to release or ship any Lot until payment has cleared.
Oberon may retain any Lot purchased by a Buyer while any other amount owed by that Buyer to Oberon remains unpaid.
Failure to pay any amount when due constitutes a default.
Interest may be charged on overdue amounts from the payment due date until payment at 4% per annum above the Bank of England base rate, or the maximum rate permitted by applicable law if lower.
If the Buyer remains in default, Oberon may, to the extent permitted by law:
If a defaulted Lot is subsequently sold for more than the amount originally payable by the defaulting Buyer, the defaulting Buyer shall have no entitlement to the surplus.
Cancellation of a sale because of non-payment does not prevent Oberon from recovering losses and costs caused by the Buyer’s breach.
The Buyer is responsible for arranging and paying for packing, shipping, delivery and collection unless Oberon expressly agrees otherwise.
Oberon can assist Buyers with shipping and logistics and may arrange shipment using professional carriers.
Shipping quotations are estimates unless expressly stated to be fixed.
Where Oberon arranges shipping, the cost may be invoiced separately or added to the Buyer’s invoice.
Oberon will take reasonable care when arranging packing and transportation but third-party carriers remain independent contractors.
Where a Buyer appoints their own carrier, freight forwarder, storage provider, representative or other receiving agent, delivery to that party constitutes delivery to the Buyer.
Where shipment is arranged through Oberon and insurance is included or purchased, the Lot will be insured subject to the terms, conditions, exclusions and limits of the applicable insurance policy.
The Buyer must notify Oberon promptly of apparent shipping damage and retain all packaging materials.
Any insurance claim must be supported by photographs and other information reasonably requested by Oberon, the carrier or insurer.
Oberon cannot guarantee acceptance of a claim by an independent insurer.
Buyers must arrange collection or shipping promptly after payment.
If a Lot remains uncollected or shipping has not been arranged 30 days after the Buyer has been notified that the Lot is available for collection or shipment, Oberon may charge reasonable storage and insurance costs.
Oberon may move the Lot to third-party storage at the Buyer’s expense.
If a Lot remains uncollected for an extended period despite reasonable notice to the Buyer, Oberon may, to the extent permitted by law, sell the Lot and apply the proceeds toward storage, insurance, transportation, sale costs and any other amounts owed by the Buyer.
Any remaining balance will be held for the Buyer subject to applicable law.
International Buyers are responsible for determining before bidding whether a Lot may legally be imported into their destination country.
The Buyer is responsible for all applicable customs duties, import VAT, sales taxes, customs clearance charges, brokerage fees and other charges imposed in connection with importing a Lot.
The inability to import, export or obtain a licence for a Lot does not automatically cancel the sale or relieve the Buyer of the obligation to pay.
Oberon will accurately declare shipments and will not knowingly undervalue goods or incorrectly describe them for customs purposes.
Lots containing or potentially containing restricted materials may require permits, licences or specialist shipping arrangements. The Buyer is responsible for satisfying themselves of the applicable requirements before bidding.
The Buyer is responsible for all taxes properly payable in connection with their purchase.
Oberon will charge VAT, sales tax or other taxes where legally required.
Tax treatment may vary depending upon the location of the Lot, the Buyer, the Seller, the place of supply, the method of shipment and the nature of the transaction.
A Buyer claiming an exemption or particular business tax treatment must provide satisfactory supporting documentation before Oberon is required to apply it.
Risk in a Lot passes to the Buyer at the earliest of:
Where Oberon has expressly agreed to maintain insurance pending shipment or collection, such insurance is subject to the terms and limitations of the applicable policy.
Passing of risk does not mean that legal title has passed. Title remains with the Seller until all amounts due have been paid in cleared funds.
Auction sales are final except where these Terms expressly provide otherwise or where the Buyer has a statutory right which cannot lawfully be excluded.
A Buyer cannot cancel a purchase simply because they have changed their mind, subsequently disagree with an estimate, find another example at a different price, or identify a condition issue which was visible, described or reasonably capable of being identified before bidding.
Nothing in these Terms removes or restricts any mandatory cancellation, refund or consumer rights which apply under applicable law.
If, for reasons outside the Buyer’s control, Oberon is unable to deliver a Lot for which the Buyer has paid, Oberon may cancel the sale and refund the amounts paid to Oberon for that Lot.
Except where applicable law requires otherwise, this refund shall be the Buyer’s sole financial remedy in respect of Oberon’s inability to deliver the Lot.
To the fullest extent permitted by law, Oberon shall not be liable for indirect or consequential loss, loss of profit, loss of opportunity, loss of anticipated appreciation or investment value, or similar financial loss arising from the purchase or attempted purchase of a Lot.
Except for liability which cannot legally be limited or excluded, Oberon’s total liability in connection with any individual Lot shall not exceed the total amount actually paid to Oberon by the Buyer in respect of that Lot.
Nothing in these Terms limits or excludes liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or any other liability which cannot legally be limited or excluded.
Where a Lot has been graded, authenticated, certified or encapsulated by a third-party grading or authentication company, that certification represents the opinion of that third party.
Oberon is not responsible for changes in grading standards or differences of opinion between experts or grading companies.
Unless Oberon has expressly adopted a third-party grade or authentication as its own contractual guarantee, disputes concerning such certification should be addressed to the relevant third-party service.
Copyright in photographs, catalogue descriptions, videos, graphics and other material created by or for Oberon remains the property of Oberon or the applicable rights holder.
Oberon may retain and use photographs, catalogue descriptions, auction results and information concerning Lots for archival, research, promotional and marketing purposes.
Purchase of a Lot does not transfer copyright in Oberon’s catalogue photography or written material.
Oberon may collect and process personal information for purposes including bidder registration, identity verification, payment processing, fraud prevention, shipping, legal and regulatory compliance and administration of the Auction.
Oberon may request additional identification, source-of-funds information or other documentation where reasonably required for anti-money laundering, sanctions, fraud prevention or regulatory purposes.
Oberon may decline payment, withhold release of a Lot or cancel a transaction where reasonably necessary to comply with applicable law or regulatory obligations.
Personal information will otherwise be handled in accordance with Oberon’s Privacy Policy and applicable data protection law.
Bidders and Buyers must not:
Oberon may cancel bids, suspend accounts, refuse future participation or take other reasonable action where it reasonably believes these Terms have been breached.
Oberon may withdraw a Lot before sale.
After a sale, Oberon may rescind the transaction where reasonably necessary because of:
Where a fully paid transaction is rescinded through no fault of the Buyer, Oberon will refund the amount paid to Oberon for the affected Lot, subject to applicable law.
Oberon shall not be responsible for delay or failure to perform caused by circumstances outside its reasonable control, including natural disasters, fire, flood, war, terrorism, civil disturbance, industrial action, government restrictions, transport disruption, failure of telecommunications or internet services, cyber incidents, power failures or interruption to third-party auction platforms.
Where an online Auction is materially affected by a technical failure, Oberon may reasonably suspend, extend, reopen or reschedule bidding.
Oberon may communicate with Bidders and Buyers using the email address, telephone number, postal address or account information supplied during registration.
Buyers are responsible for keeping their contact details current.
Invoices and notices sent to the email address registered by the Buyer shall be treated as having been properly sent.
If any provision of these Terms is held to be invalid, unlawful or unenforceable, that provision shall be modified or disregarded only to the extent necessary and the remaining provisions shall continue in effect.
A failure or delay by Oberon in enforcing any provision of these Terms does not constitute a waiver of that provision or of Oberon’s right subsequently to enforce it.
Except where these Terms expressly provide otherwise, a person who is not a party to the relevant contract shall have no right to enforce these Terms under the Contracts (Rights of Third Parties) Act 1999.
These Terms and any contractual or non-contractual dispute arising from an Auction, sale, Lot, bid or purchase conducted by Oberon shall be governed by the laws of England and Wales.
Subject to any mandatory consumer rights concerning jurisdiction which cannot lawfully be excluded, the courts of England and Wales shall have exclusive jurisdiction to determine any dispute arising from or connected with these Terms or a transaction conducted by Oberon.
These Terms, together with the relevant catalogue, Buyer’s Guide, invoice and any auction-specific notices or amendments published by Oberon, constitute the terms applicable to the Buyer’s participation in the Auction.
Where a particular Auction contains special terms, those special terms will apply to that Auction and will take precedence over these Terms to the extent of any direct inconsistency.
By registering for an Auction, placing a bid, making an offer or completing a purchase, the Bidder or Buyer confirms:
“I have read, understood and agree to Oberon Auctions Ltd’s Buyer’s Terms of Business. I understand that bids are binding and that, if I am the successful Bidder, I am legally obliged to pay the Hammer Price, the 20% Buyer’s Premium and all other applicable charges in accordance with these Terms.”
Oberon Auctions Ltd