VICTORIAN GOLD HALF SOVEREIGN DATE 1872 (2023)

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Wednesday 21 - 12.00 - 16.00 hours
Thursday 22 - 9.00 - 10.30 hours

Please note: McTear's reserves the right to charge the card you used to register for live bidding within 24 hours of the end of the auction; unless other arrangements have been made with McTear's prior to the sale.

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Aardvark Art Services Ltd

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01253 794673 (FOR PICTURES ONLY)

McTear's Gallery1842 Ltd ("McTear's") - Buyer and Seller Terms and Conditions ("Terms")

All auctions and receipts of items for sale by auction and/or appraisal/appraisal and items sold that are not collected will be subject to these terms and conditions available on the site and online at [insert hyperlink]. It is the responsibility of the buyer/seller to understand and comply with these terms. The staff at McTear will be happy to help you if you don't fully understand something.
All persons on the McTear property are there at their own risk and must ensure that they follow the construction plan and emergency exits. No director or employee of McTear shall be liable for personal injury or death (unless directly caused by the negligence of McTear personnel) or for the safety of personal property, including vehicles.
Definitions
"McTear's" means McTear's Gallery1842 Ltd. "Buyer" means the person who is accepted as the highest bidder for a lot and who is considered the winner of the lot, and who agrees to pay the lowest price plus all commissions. "Seller" means the person who submits the item for sale/appraisal/appraisal, confirming that he is the rightful owner of the item, until the item is sold to the buyer or returned to the seller. "Auctioneer" means the person conducting the auction. "You" and "Your" refer to the person doing business with McTear's (buyer, bidder, seller or person present in the auction room or via telephone/online service). "Lot" refers to items purchased by a buyer at auction or items consigned by a seller for sale and/or appraisal/appraisal. "Terms" means the terms and conditions set forth herein, subject to any additional comments or changes published in the catalog, on the McTear website or published or displayed by the Auctioneer.
Return Policy
If the Lot is sold otherwise than specifically described in terms of appearance or condition, authenticity or originality, the Buyer has 21 days from the date of sale to request a refund of the purchase price in writing. The costs of delivery or postage or packaging are borne by the buyer in any case, even if repayment of the purchase price has been agreed upon. There will be no refunds for purchases made after the 21 day period.
A. For customers and potential customers

1. address
McTear's at all times in the sale of goods acts as the agent of the seller of the lots offered at the auction and is not responsible for any failure of the Buyer or the Seller. As McTear's acts solely as an agent, title to any Lot does not at any time pass to McTear's and accordingly they shall not be liable for any error in relation to any Lot or lack or limitation of the Seller's ownership of the Lot for sale. The seller will indemnify McTear's against all claims related to any lot sold by McTear's on their behalf.
As auctioneers, we usually act as agents for the seller whose identity, due to confidentiality, is usually not disclosed. Therefore, if you are buying, your primary contract is with the seller.
McTear's offers more than 50,000 items by auction each year and knowingly does not accept lots when the validity or legitimacy of the seller's right to sell is in doubt. However, it should be noted that McTear's (like any auction company) is only acting as an agent for the seller and as such we and the buyer agree that McTear's will not be liable for any claims made by any buyer.

2. Estimates
The estimate is given as a guide to the price likely to be achieved by the lot and as such should not be taken as a final figure. Estimates are subject to change until the relevant lots are sold. Reserve prices have not been announced, although a lower estimate may represent a reserve price. The lower estimate will not be lower than the reserve price. Estimates do not include buyer's premium or VAT (if applicable).

3. Buyer's premium
A buyer's premium (or commission) of 24% of the initial price plus VAT is paid for each purchased lot.

4. BTW
Symbol? with the lot number indicates that the buyer must pay VAT at the standard rate on the day of the auction on the sale price, and also as part of the purchase premium. These costs are not charged by McTear's, but through EU VAT registration or due to import costs.

5. Right of resale
For certain items, there is a right to delivery (this is marked in the catalogs with the symbol * with a clear explanation). Under the Droite de Suite or Artists' Resale Rights Act, auctioneers and art market professionals are required to charge fees for all works of art from living artists and artists who have died in the last 70 years that exceed the starting price of €1,000. .sold, which is approximately £850. A royalty of 4% of the initial price is charged to the buyer in addition to the buyer's premium and is not subject to VAT. All royalties are paid to the Design and Artists Copyright Society (DACS) and McTear's does not retain any administration fees or additional fees. Please contact the auctioneer if you are unsure whether this fee is payable for the lot you are considering bidding on. Please note that royalty payments are calculated based on the European Central Bank exchange rate on the day of sale.

6. Catalog descriptions and condition reports
As the Seller's agents, McTear's relies on information from the Seller relating to the Lot. Although we provide catalog descriptions of the lots, the buyer is obliged to inspect the lot and determine its condition. There are ample opportunities to view and inspect plots. Where condition is not mentioned in the catalog description, this is not an indication of perfect or any condition. If the Buyer is unable to inspect the lot in person, a state report must be requested to determine the condition. A condition report for items of a mechanical nature or with moving parts does not guarantee the correct functioning of, for example, a clock, watch, barometer or other instrument. The condition report takes into account only aesthetic or external characteristics. the state of a certain destiny. Applications are accepted until 9:00 a.m. the day before the sale. If a condition report is not requested and the Customer subsequently discovers the damage, McTear's will have no obligation to issue a refund. Batches incorrectly described as 'deliberate counterfeits' may be returned and a refund may be issued. There is a 21 day time limit (see Return Policy). 'Deliberate counterfeit' refers to an item which is deliberately handled/manufactured/or otherwise handled with the intent to mislead as to its true age/condition/materials/origin/etc.

7. Pictures - Catalog descriptions, authenticity and condition reports Terminology
Full artistic name: In our opinion, the work of the named artist.
Attributed to: in our opinion probably the work of the above artist.
Studio of: In our opinion probably the work of a student of the said artist and possibly under the direction of the said artist.
Style: In our opinion, a work in the style of the named artist, but not necessarily by a student or employee of the named artist.
After: In our opinion, a later work, sometimes a copy of a specific work by the named artist, whether authorized or not.
McTear's guarantees the authenticity of a work only when the artist's full name is listed in the catalog without "Attributed to the author, studio, manner, or after" (or any other designation). The term of this guarantee is 21 days from the date of the auction and any inquiries about authenticity must be made in writing to McTear's within 21 days of the date of the auction. After this period of 21 days, any claim of authenticity is no longer valid. Any refund (at McTear's discretion) is limited to the hammer price paid plus commission and VAT. Shipping costs or additional charges will not be refunded.
The authenticity of even the most famous paintings can sometimes be a matter of conjecture, and so-called 'experts' often disagree. The work of most artists varies considerably during their lifetime and while the style for which they are perhaps best known is generally recognizable, early works are often more difficult to confirm. McTear's efforts to catalog lots as accurately as possible and to resolve any dispute between Buyer and Seller fairly and impartially.
McTear's will be happy to provide a written (email) condition report for any Lot valued at £200 or more. Verbal condition reports can usually be provided for photographs of lesser value. While every effort is made to provide an accurate report, none of our staff are qualified to repair images and therefore any condition report should be accepted as indicative of obvious problems or issues or lack thereof. Buyers are encouraged to determine the condition of the lot, and McTear's can provide contact information for local professional restorers who will provide fully comprehensive expert reports - usually for a modest fee.

8. Electrical goods and fire protection
McTear's does not generally sell electrical and/or mechanical items. Where electrical and/or mechanical items are offered for sale, there is no guarantee of correct operation or safety. These factors are the responsibility of potential buyers. Likewise, the customer should inspect upholstered and fabric sofas, couches and other soft furnishings before purchase to ensure safety. McTear's accepts no liability if the Customer fails to do so.

9. Export of goods
It is the responsibility of the Buyer intending to export the items to determine whether a license is required and to ensure that the export of the item in question is permitted.

10. Registration and Bidding
Bidders are required to register their information with McTear's prior to the auction and will go through all security checks if required before entering the auction room or bidding in the auction. McTear's does not accept a cell phone number as the sole contact for a customer. To register as a new customer, an identity card (driver's license or passport) is required.
The sale is completed when the auctioneer announces that it has been completed by the fall of the hammer, but until that announcement the buyer can withdraw his bid. Title to the lot does not pass from the seller to the buyer until he/she pays the purchase price in full, but regardless of the fact that title to the lot is not transferred, the risk or loss of damage to the lot passes to the buyer at the fall of the hammer. The auctioneer may therefore refuse to accept the bid of the person or persons and/or withdraw the lot from the auction before the hammer has fallen, without giving reasons. In the event of a dispute regarding any aspect of the bidding, the auctioneer has the absolute discretion to resolve such dispute.
Bidding for increments is at the absolute discretion of the auctioneer.
After the fall of the hammer, the Buyer must present its buyer number to the auctioneer and any employee of McTear's who requests it and, if requested, must immediately pay to McTear's that portion of the purchase price required by McTear's. The purchase amount must be paid in full within seven days and no lot may be removed before the full purchase amount is paid. The buyer will pay the hammer price together with a premium of 24% of the hammer price plus VAT on that.
If the Buyer has not paid for the lot or lots purchased within seven days of the sale, he will be deemed to have been notified of McTear's intention to resell the lot within the meaning of section 48(3) of the Sale of Goods Act 1979. If McTear's does not receive the purchase price after after the expiration of another seven days, he can put the Lot up for auction again. If, during such resale, a lower price is achieved for those lots than during the first sale, the difference in price will be the fault of the buyer. Interest will be charged at the Bank of Scotland base rate on any outstanding purchase amounts after this period until the goods are resold.
The Auctioneer or an employee of the Company may bid on your behalf, but neither McTear's nor the Auctioneer will be liable if you fail to do so. When identical commission offers are received for a Lot, the Auctioneer reserves the right to give preference to the first registered offer.
McTear's reserves the right to refuse bids from any person until all outstanding debts owed by that person to McTear's have been settled.

11. Offer on commission and offer by telephone
The conditions from point 10 apply to commission and telephone bidders.
Commission bids and telephone bid requests must be received by McTear's by 9:00 a.m. on the day of the sale. Commission offers do not include the buyer's premium. Those ordering and bidding by telephone are deemed to have read and accepted McTear's terms and conditions. Commissioning and telephone bidding are free services provided by McTear's and McTear's accepts no responsibility for any failure to complete the bid or any error associated therewith. Telephone bidders must provide two telephone numbers. There is a limit to the number of telephone lines available for each Lot and interested parties are advised to apply as soon as possible to avoid disappointment.

12. Live online bidding

Online bidders are subject to the Terms and Conditions as set out in clause 11. McTear's Live Auctions enables online bidding in real time with the auction. Plots purchased online are subject to an additional 3% of the hammer price plus VAT for buyers who register viamctears.co.ukand 4.95% plus VAT for customers who register viathesaleroom.com. Lots purchased online via the Easy Live Auction bidding platform are subject to a flat fee of £3 including VAT or an additional charge of 3% plus VAT. Identification and credit card information are required to register for online bidding. This card information will be used to pay all fees immediately after the auction. Applications must be made by 9 a.m. on the day of the sale. McTear's reserves the right to approve or reject bidders for live auctions. Bidders should read the terms and conditions of ATG Media, which can be found atwww.the-saleroom.com, and from Easy Live Auction which can be found atwww.easyliveauction.comBidding using these services is the Customer's responsibility, and clicking the Bid button is an obligation to purchase and pay for the relevant Lot in full. McTear's cannot be held responsible for the failure of the online bidding service or for inaccurate information provided by itthesaleroom.comfromeasyliveauction.com.

13. Methods of payment
Prospective buyers new to McTear's may be asked to provide bank references prior to the auction. Payment for the purchased lot(s) must be made by the registered buyer; third party payment declined. Payment for goods purchased at auction must be made within three working days (the days on which the main banks in Scotland operate). Payments can be made by cash (up to £9,000), bank transfer, debit card or credit card (up to £7,000). McTear's does not accept American Express. Checks are accepted if a check guarantee card is attached. In the event that the check warranty card is not provided or the value of the check is not covered by the warranty card, the goods will not be released until the check is cleared (which may take up to seven days). You can only pay by debit card and credit card in person, not over the phone. Out of box payments can be made by bank transfer (details available from McTear's) or via the secure online payment system available at mctears.co.uk/payments. McTear's and Auctioneer reserve the right to reject your bids until all outstanding debts owed to McTear's are settled. Buyers should contact their bank prior to sale to arrange credit approval. Ownership of the land is transferred to the Buyer only when the entire payment is made.

14. Collection and storage of items for auction sale
The goods will be delivered only to the registered customer. Collection by courier/shippers is permitted only after receipt of written instructions from the customer and with the consent of McTear's. Pickup by taxis or unauthorized persons will be refused. You must remove all purchased items at your own expense within seven days of the auction, after which McTear's reserves the right to hold the Buyer responsible for any costs incurred in storing the item(s) on the premises or for any costs incurred by McTear's. made it possible to store the item(s) in the facility outside the business premises. (After seven days from the auction date you will be charged a handling fee of £10 per item and then a storage fee of £5 per item per day, all plus VAT). Items not paid for and collected within seven days of the date of sale may be resold by McTear's (and any financial losses incurred by McTear's must be met by the buyer) or otherwise disposed of at McTear's discretion. Any excess cash will be owned by McTear's.
McTear's is in no way responsible for the custody of lots sold, paid or unpaid. Responsibility and risk for any item held by McTear's after the sale, either before or after full or partial payment by or on behalf of the Buyer, rests with the Buyer and not with McTear's. McTear's makes no warranty and/or representation that any such item will be insured by McTear's against loss and/or damage. McTear's is not liable for damage or loss in any way caused or arising in connection with any item held by McTear's, except where such loss or damage is caused by the fault and/or negligence of McTear's and/or a person for whom McTear's is responsible.

15. Delivery
The-saleroom.com shipping is available for this sale and they will contact buyers by email after the sale. Larger or multiple items, particularly paintings, can usually be sent 'door to door' within the UK mainland at a normal cost of £70 + VAT by Aardvark Art Services Ltd who can be contacted on 01253 794673.

16. Non-payment of items
McTear's reserves the right to use any proceeds from sales of other parts owed to the customer (past or future sales) to settle any amounts owed to McTear's or to retain any proceeds to cover expenses incurred by McTear's.
If the Customer refuses to pay, McTear's reserves the right to initiate proceedings against the Customer for breach of contract, recovering all amounts due and costs incurred by McTear's in doing so.

17. Alcohol
Persons under the age of 18 are not permitted to bid on or collect alcoholic beverages from McTear's. Proof of age may be requested.

B. For Sellers and Potential Sellers
This section includes items left at McTear's for sale, appraisal, appraisal or valuation

1. Commission
Sellers are charged a commission in the amount of 15% of the sales price plus VAT. Seller authorizes McTear's to deduct this commission from the opening price and other applicable fees (as described below).

2. Delivery of goods
Delivery of items offered for sale to McTear branches is at the risk of the Seller/Owner. McTear staff can assist with items, but items are the responsibility of the seller. Items must be at McTear's before the deadline to allow for cataloging and photography (if applicable).

3. Shipment of the plot for sale
By offering a lot for sale, the Seller confirms that he is the rightful owner of the item and understands that any violation of the Terms and Conditions will result in compensation.

4. Cataloging and photography
All items for sale will be cataloged and described as the auctioneer and staff see fit. Items listed in specialty auctions are in most cases photographed by McTear's professional photographer. A drawing fee of £5 per lot applies to specialist auction items. Items entered on all McTear's auctions are subject to a minimum commission of £4 plus VAT per lot.

5. Reserve prices
For the Lot, the reserve price can be agreed between the Seller and the Auctioneer before the auction. An agreed reserve price gives the auctioneer 10% discretion (or allows them to sell within one bid). Reserve prices must be reasonable and McTear's reserves the right to refuse to bid on a Lot whose reserve price is deemed unreasonable. At no time is the Seller permitted to bid on a Lot that he himself has offered for sale. After shipment, minimum price increases will not be accepted.

6. Electrical devices and fire protection
McTear's does not generally sell electrical and/or mechanical items. Where electrical and/or mechanical items are offered for sale, there is no guarantee of correct operation or safety. McTear's reserves the right to dispose of unsafe electrical and/or mechanical items for which the Seller charges a fee. Likewise, upholstered and fabric sofas, couches and other furniture are subject to fire safety laws. Any item found to be unsafe or unregulated will be removed or refused for sale at the seller's expense.

7. Descriptions and inaccuracies in the catalog
If the seller provides incorrect information regarding the lot, including authenticity and condition, the seller will be responsible for the costs incurred by McTear's. The Seller agrees that, in the event that McTear's receives any misinformation, it will refund to McTear's the total amount paid to it plus any costs (eg shipping costs) incurred by the Buyer that McTear's must reimburse. The seller cannot be held responsible for reasonable behavior and unintentional inaccuracies.

8. Unsold and withdrawn items
Unsold items are automatically re-offered for sale. If the item originally had a reserve price, that reserve price will be reduced at the auctioneer's discretion. By offering an item for sale, the Seller agrees that this reserve discount will apply to the Lot if it does not sell. If the Seller does not wish to re-bid the Lot, he/she must notify McTear's and collect the Lot within seven days of the date of the first auction. Any unsold lot not claimed within seven days will be offered for sale at a minimum price reduced to a level deemed reasonable by the auctioneer.
If a reasonable bid for an unsold lot is received after the auction, the auctioneer reserves the right to accept that bid and execute the sale on behalf of the seller.
The seller is not authorized to withdraw a Lot submitted for sale after the auction catalog has closed for entries (usually two weeks before the auction date). Items collected before this date will incur an administration fee of £5 plus VAT per lot.

9. Settlement
Seller will receive payment by check for lot(s) sold 4-6 weeks after sale after receiving payment from buyer(s). There is usually no cash payment unless pre-arranged with McTear's. If the buyer has not received payment for one or more lots, the seller will not receive the settlement until the lot(s) have been paid for or re-auctioned and paid for.

10. Items, including lots, left with McTear
You will, at your own risk and expense, remove all unsold/returned items within seven days of the auction, after which McTear's reserves the right to hold the Seller responsible for all costs associated with the storage of the item(s) or any costs incurred by McTear's in storing the item(s). (a) in an off-site facility. (After seven days from the auction date, a handling fee of £10 per item will be charged, followed by a storage fee of £5 per item per day, all plus VAT.) Liability and risk for item in possession of McTear's before sale, including items held for appraisal, appraisal or valuation is up to the Seller and not McTear's. McTear's shall not be liable for any damage or loss, however caused or incurred, in connection with any item shipped with or otherwise held by McTear's, except where such loss or damage is caused by fault and/or the negligence of McTear's and/or any person for whom McTear's is responsible.

11. Loss coverage
Unless otherwise specified in writing by the seller, all items held by McTear's, including items held for sale, appraisal, valuation or appraisal, will be insured by McTear's against fire, theft and accidental damage with an insurer of McTear's choice, for which insurance McTear's charges surcharge of 1.5% plus VAT on the best rated item(s). McTear's has the absolute discretion to determine the level of coverage of said insurance. Insured coverage is subject to conditions and exclusions set by the insurer. We will receive a copy of the insurance policy upon request. The seller is obliged to request a copy of the insurance policy and make sure of its conditions. Sellers may, at their discretion, purchase separate insurance policies in respect of the item(s) to be left at McTear's.