3.4.
The Auction House decides on the type of Auction.
5.5. The Seller of a Lot that is known to pose a danger to people or items if it does not conform to the usual expectations in such a situation remains liable if such danger materialises until the risk is transferred to the Buyer. The Seller is liable to the Auction House for payment of the Consignment commission plus Costs for the Auction or Private Sale. If a Lot is Bought-in because the Bidding has not reached the reserve price, the Seller is liable for the payment of the Consignment commission on the reserve price. 5.6. 5.7. If a Consignment has not been brought to auction for a period of six months for any reason other than being destined for a special Auction, the Consignment will be sent back to the Seller at their own risk and expense or will have to be collected by the Seller after a request to do so. Upon the Auction House’s written notification, the Seller must collect the Lot within fifteen working days of the date of the notification. If they fail to do so, they will be in default without prior notice. 5.8. 5.9. With prejudice to Article 9.5, the Auction House has the right to charge storage costs as stated in Article 9.4 to the Seller who fails to collect the Consignment within the term provided in Article 5.8.
3.5. The Auction House reserves the right to exclude anyone from Bidding on a Lot and to block any Bidding accounts. The Auction House also reserves the right to require a deposit, bank guarantee, or other forms of security from the Bidder as prerequisites for participation in the Auction. The Auction House reserves the right to impose a bidding limit on anyone, restricting the Bidder’s Bids to the amount determined by the Auction House. If the Bidder would like to raise their bidding limit, the auction house is permitted to request additional information regarding the Bidder’s credit standing and/or require a deposit to be paid on the third-party bank account of the auction house, before the bidding limit can be raised. 3.6. 3.7. The margin scheme applies to the Lots at Auction unless indicated otherwise. This means that no value-added tax is added to the Hammer Price and the value-added tax will not be listed separately on the invoice. When the Auction House receives the Seller’s Consignment or when the Seller signs the Consignment Agreement, the Auction agreement between the Seller and the Auction House is concluded. The Auction House may now represent the Seller in dealing with third parties. The Auction House only accepts Consignments from a Seller after concluding a Consignment Agreement or arranging to do so shortly. The Seller takes care of the proper packaging of the Consignment. The Seller may not be younger than 18. 4.2. 4.3. The Auction House may require the Seller to show valid proof of identity, written authorisation, or other supporting documents. Under the Wet ter voorkoming van witwassen en financiering van terrorisme [‘Money Laundering and Terrorist Financing (Prevention) Act’] (Wwft), the Auction House is required to determine and record their identity. As part of the process, and pursuant to the Wwft, the Auction House is entitled to screen its clients. The Auction House is indemnified against third-party claims resulting from the screening conducted by the Auction House in accordance with the Wwft. Article 4. Consignments 4.1.
5.10.
The Seller must pay the Auction House invoice immediately or within no more
than five working days.
Article 6. Obligations of the Auction House 6.1.
The Auction House handles all Consignments with due care.
6.2. The Auction House acts in the Seller’s interest by selling a Lot at the highest possible price. Neither the Seller, nor the Bidder, nor the Buyer can derive any rights from remarks made by the Auction House regarding the state or the features of a Lot. Any images used by the Auction House are as accurate as possible, but neither the Seller, nor the Bidder, nor the Buyer can derive any rights from the images used. Ostensible mistakes in the description of a Lot are not binding for the Auction House, nor can the Auction House be held liable for any deviations in the colours of images. Descriptions are provided by the Auction House and its staff to the best of their abilities. The Auction House is not obligated to give a full description of any Lot, including the state and the features. The Auction House reserves the right to withdraw or change earlier descriptions or photographs. 6.3.
4.4.
The Seller declares that no prior deduction of value-added tax has been applied
to the Consignment.
4.5.
The Consignment Agreement stipulates, among other things:
• • • • • • •
a general description of the Consignment;
the Estimate;
the Insurance Value;
the Consignment commission and Costs agreed upon;
6.4.
When announcing an Auction, the Auction House will mention: the applicability of the present General Terms and Conditions;
any flaws;
a. b. c.
the Reserve Price, if any;
the description of the Lots to be auctioned; the order of the Lots to be auctioned.
any other agreements, such as an intended special or Online Auction.
4.6. The Auction House has the right to refuse all or part of a Consignment without stating reasons. Even after receipt of the Consignment, the Auction House is entitled to return all or part of the Consignment to the Seller and not to auction it, in which case the Seller is not liable for any Costs, and the Auction House is not liable for any damage caused by the Auction not taking place. The Seller has the right to withdraw the Consignment, as long as the auction catalogue has not yet been published, upon payment of 30% of the lower estimate, increased by any costs incurred, the applicable VAT, and amounting to at least €250. Once the catalogue has been published, withdrawal is no longer possible. 4.7.
6.5.
The Auction House supplies the Seller and Buyer with a (Digital) invoice. The
invoice states the Hammer Price and any Costs owned to the Auction House, including the valueadded tax. It also lists any Droit de Suite royalties and other Costs. If the Auction House has received the full sum owed by the Buyer, it undertakes to pay the Seller the Sale Price minus Costs after thirty days, with due observance of the period during which the Buyer can invoke their right to dissolve or rescind the agreement under Article 12, or the right of withdrawal under Article 16, with prejudice to the Auction House’s reliance on set-off. 6.6.
173
Article 7. Auction Procedure 7.1.
4.8.
The Auction House has the right to combine items consigned by one Seller and
to auction these as a single Lot.
During the Auction, the Auctioneer or the CEO represents the Auction House.
4.9.
The Lots are auctioned in their present condition.
7.2.
Bidding is only in euros and in ascending value.
4.10. The Auction House has the right to sell a Lot at Auction below the reserve without the Seller’s permission if the difference between the amount and the reserve agreed upon is at the expense of the Auction House. If a Lot remains unsold during an Auction, the Auction House holds the right to sell that Lot in an Aftersale, which directly follows the Auction. The same conditions apply as the ones agreed upon when the Lot was consigned. 4.11. 4.12. The Auction House is entitled to photograph or otherwise depict or have depicted all Consignments in any manner, both before, during, and after the Auction. The Auction House retains the copyright to these images. The Auction House is entitled to inform the Seller of any Bid placed before the Auction, which deviates disproportionally from the higher Estimate and is entitled, at the Seller’s request, to sell the Lot for the amount of the Bid outside of the Auction in a Private Sale. The Auction House has the right to charge the Seller and the Buyer the applicable fees. 4.13.
7.3.
The Auction House reserves the following rights:
a. b. c. d. e.
to refuse a Bid without stating reasons;
to refuse persons or companies as Bidders or Buyers without stating reasons;
to refuse a Commission Bid to be entered in the Auction; to make changes to the order of the Lots to be auctioned;
to add a Lot;
f. to join or split up different Lots, that is to say, that Lots are initially offered separately and later combined into a single Lot, after which the Transaction is concluded for the highest total price; g. to bring a Lot concerning which a dispute occurred at or shortly after the Auction back to the Auction and dissolve all previous Transactions; h. to correct a mistake made during the Bidding or allocation process, or to dissolve a purchase without allowing the Bidder to profit from the mistake and invoke the Transaction made; i. to dissolve a Transaction in the event of a malfunction or improper functioning of the electronic auction system j. to demand immediate full or partial payment. The Auction House and the Auctioneer have the right to dissolve a Transaction upon refusal or inability to pay and subsequently re-auction the Lot in question without accepting the Bid of the defaulting Bidder; k. to dissolve the purchase and re-auction the Lot if the Buyer refuses to provide their full name and address or to show proof of identity immediately on request; l. not to hand over a Lot during the Auction.
Article 5. Obligations and Warranties of the Seller 5.1.
The Seller is obligated to provide correct, true, and full personal details and
guarantees the accuracy and completeness of the information.
5.2.
Sellers are not entitled to Bid on any Lot they have brought in without the
permission of the Auction House.
5.3 The Seller guarantees that they are the legal owner of the Consignment or have the authority to legally dispose of the Consignment. The Seller indemnifies the Auction House against all claims by third parties for violating any rights pertaining to the Consignment, including intellectual property rights. The Seller is obligated to inform the Auction House of all features, flaws, and suspected flaws of the Consignment when it is handed in. The Seller indemnifies the Auction House against all claims made by the Buyer or any third parties pertaining to the Consignment, in the broadest sense, and against any claims pursuant to Article 12. 54.
7.4. A Commission Bid receives precedence over a Bid made during the Auction. The earlier Commission Bid receives precedence over later Commission Bids of the same amount.
7.5. The Auction House allocates the Lot to the highest Bidder. If the Commission Bid is higher than or equal to the highest Bid made during the Auction, the Auction House allocates the Lot to the Bidder of the highest Commission Bid. If a Lot is Bought-in during the Auction, the Auction House reserves the right to offer the Lot on the website of the Auction House immediately after the Auction for a price to be determined by the Auction House, taking into account the reserve price, or to privately sell 7.6.
Made with FlippingBook. PDF to flipbook with ease