the Lot after the Auction with due observance of the agreement with the Seller. The Transaction is concluded with due observance of the present General Terms and Conditions.
money owed or within no more than ten working days and will be deemed to be in default without prior notice if they fail to do so.
9.2.
The collection Costs are payable by the Buyer.
7.7.
Any decisions made by the Civil Law Notary during the Auction stand.
9.3.
The Auction House is entitled to suspend its obligation to surrender a Lot until
7.8.
Neither the Auction House, the staff members in function during the Auction,
the Buyer or Seller has paid the money owed to the Auction House in full.
the Auctioneer, nor the Civil Law Notary are allowed to Bid during the Auction. 7.9 The Auction House is entitled to make video and audio recordings before, during, and after any Auction and to use and disclose these for publicity reasons.
9.4. If the Auction House is required to store a Lot for a Seller or Buyer, the storage Costs charged amount to EUR 30 per month per 2m2 unit, starting from the moment the Lot should have been collected. If the Seller or Buyer has been urged to collect a Lot twice within a period of at least two months, either by phone or In Writing, without responding to the request, the Auction House 9.5. will be entitled to auction or sell the Lot against any offer acceptable to the Auction House. The loss from lower proceeds of the re-auctioned or sold Lot, with Costs, damages, and interest, added to the Costs from the initial Auction(s), with a minimum of € 250, are payable by the Seller or Buyer, who will not profit from any increased proceedings and cannot claim repayment of any previously paid Costs. If a lot has not been collected within 6 months after the Auction or the request of the Auction House, the Auction House is entitled to include the Lot in Auction or sell the Lot, in accordance with art. 9.5, regardless of whether the Buyer or Seller has been urged to retrieve the Lot. 9.6. 9.7. By way of derogation from Articles 9.5 and 9.6, for an Item that has remained unsold in a Vendue Next Door Part 1 (no reserve / à tout prix) auction, if it is not collected within 14 days, the Auction House shall be entitled, without further communication, to dispose of the Item without any further costs or proceeds for the Seller. By way of derogation from Articles 9.5 and 9.6, for an Item that has remained unsold in a Vendue Next Door Part 2 Premium auction, it may be offered in a subsequent Next Door 9.8. Premium auction at half of the original lowest estimate. If the new lowest estimate falls below €300, the Item shall be offered in a next Vendue Next Door Part 1 auction (no reserve / à tout prix). In both cases, prior communication from the Auction House is not required. If the Seller does not agree to this, they are obliged to collect the Item within 14 days. The risks of damage to or destruction of the Lot to be auctioned are borne by the Seller until the Lot have been handed over to the Buyer. At that point, the risks of damage to or destruction the Lot pass directly to the Buyer. If the Buyer invokes the right to dissolve or rescind the Transaction subject to the provisions of Article 12 or revokes the purchase under Article 16, the risks immediately pass back to the Seller, without prejudice to the Buyer’s obligation to immediately hand over the Lot to the Auction House in the condition in which they were received. 10.2. Article 10. Passing of the Risk 10.1.
Article 8. Obligations of the Bidder/Buyer 8.1.
By making a Bid or a Commission Bid during or before the Auction, the Bidder is
deemed to have accepted the present General Terms and Conditions in full.
8.2. If the Bidder puts in a Commission Bid, they do so at their own risk and expense. The Bidder cannot hold the Auction House liable if the Auction House does not enter a Commission Bid in the Auction. A Bid made during the Auction cannot be withdrawn. A Bid or Commission Bid can be withdrawn In Writing by the Bidder up to twenty four hours before the Auction, stating the name, address, and telephone number of the Bidder, the Auction in which the Lot is to be auctioned, the Lot, and the amount of the Commission Bid. 8.3. 8.4. The Bidder may not be younger than 18 and must be legally competent. Every Bidder is expected to Bid at their own risk and expense and to conclude a Transaction at their own risk and expense.
8.5.
It is forbidden to contact the Seller outside of the Auction and to conclude the
Transaction without the knowledge of the Auction House.
8.6. The Bidder will only be able to Bid at an Auction after completing a Digital application form and after acceptance by the Auction House. The Bidder will then be given a Venduehuis account and log in with the username and password they have received or chosen.
8.7.
The Bidder is obligated to complete the application form correctly and truthfully
and guarantees the accuracy and completeness of the information.
8.8 The Bidder must not transfer their Venduehuis account to a third party or third parties and must not log in with another person’s username or password. If a third party puts in a Bid through the Venduehuis account of the Bidder, the Bidder will be liable for the consequences, even if this third party is younger than 18 or legally incompetent. The Auction House reserves the right to block the Venduehuis account or accounts of the Buyer or the Bidder without stating reasons. The Auction House also reserves the right to ban the Buyer or Bidder from future Auctions. 8.9. 8.10. The Bidder will not undertake any actions that put an excessive strain on the Auction House’s infrastructure or cause damage to the infrastructure or good reputation of the Venduehuis, Van Stockum’s Veilingen, or Vendue Next Door. The Bidder has an obligation to investigate and must, before the Transaction, thoroughly and knowledgeably inspect or have others inspect the condition, features, and description of the Lot and form his own considered opinion about it, including but not limited to the maker, the provenance, the condition, the quality, the originality or authenticity, the style, the suitability for the proposed use, the value, the Estimate, whether Droit de Suite royalties will be due, 8.11. whether heritage laws apply, whether the item has been restored, renewed, or repaired, and about the extent to which the Lot complies to the descriptions. If reasonably necessary or desirable, the Bidder must call in independent expert advice, and they should not rely on photographs or pictures or other images. If certain flaws or imperfections are mentioned, this should be taken as a nonlimitative indication of the Lot’s condition from which no rights can be derived. The Bidder is aware of the generally known fact that, unless explicitly stated otherwise, the Lots included in the auctions are not owned by the Auction House itself, and that the name of the Seller or owner cannot be revealed. 8.12. 8.13. The Transaction is concluded when the Auctioneer accepts the Bidder with a hammer stroke as the Buyer or when the Bidder places the highest Bid during an Online Auction, Aftersale or Private Sale and is accepted by the Auction House. The Buyer must supply their name, address, and proof of identity immediately upon request. Pursuant to the Wet ter voorkoming van witwassen en financiering van terrorisme [‘Money Laundering and Terrorist Financing (Prevention) Act’] (Wwft), the Auction House is required to confirm and record the Buyer’s identity. The Auction House reserves the right to screen its clients as outlined in the Wwft. The Auction House is indemnified against claims by third parties resulting from the screening conducted by the Auction House in accordance with the Wwft. 8.14.
Article 11. Buyer’s Default 11.1.
The Buyer is deemed to be in default without prior notice when the payment
term is exceeded without payment having been received.
11.2.
The Buyer must reimburse the Auction House for the damage caused by late
174
payment, plus Costs and interest at the statutory rate.
11.3. The Seller recognises the Auction House’s right to decide either to demand performance from the Buyer who has exceeded the payment term, or to proceed to dissolve the Transaction, or to demand performance, or, if this fails, to proceed to dissolve the Transaction. All costs arising from or related to the Auction House enforcing its rights resulting from a Sale made by the Buyer at the Auction, including all costs arising from or related to the judicial and/or extrajudicial collection of any amount not paid on time or in full, shall be borne by the Buyer without the need for any notice of default. The Auction House shall have, at its sole 11.4. discretion, the right to: (a) claim reimbursement of the actual collection costs incurred, including the reasonable costs of engaging a lawyer, bailiff, or collection agency, as evidenced by its administration, which shall serve as full proof unless the Buyer provides evidence to the contrary; or (b) instead, claim a fixed amount of fifteen percent (15%) of all amounts owed by the Buyer, including the Costs and Purchase Price, as compensation for collection costs, without further substantiation or proof of costs incurred. The Auction House exercise of this choice shall be without prejudice to, and shall not affect, its right to also claim from the Buyer full and actual damages suffered, as well as any other Costs, Purchase Price, damages, and interest due. 11.5. If the Buyer defaults on payment within the determined period, the Auction House will be entitled, without prejudice to their rights to payment of Costs, damage, and interest, to consider the Transaction dissolved without judicial intervention or notice of default being required and to have the right to re-auction the Lot at the expense of the defaulting Buyer and under the conditions determined by the Seller or the Auction House. The difference between the lower proceeds of the re-auctioned Lot and the Costs, damage, and interest, as well as the Costs of the first Auction, are payable by the defaulting Buyer immediately upon request, failing which they will be in default, while they cannot profit from any higher proceeds and cannot claim reimbursement of the Costs already paid. If the Auction House exercises its aforementioned right to consider the Sale dissolved by operation of law due to breach of contract, but does not proceed to re-auction, the 11.6. Auctioneer may claim from the Buyer, as a penalty for non-performance, thirty-five percent (35%) of all amounts owed by the Buyer, including but not limited to the Costs, Purchase Price, damages, and interest. The Auctioneer’s exercise of this choice shall be without prejudice to, and shall not affect, its other rights, including but not limited to the right to claim from the Buyer, in addition to the penalty, full and actual damages suffered, as well as any other Costs, Purchase Price, damages, and interest, and/or performance and/or compensation under the law. The Buyer may not reclaim payments made by them,
8.15.
The Buyer must pay the Auction House’s invoice immediately upon receipt or
within no more than five working days.
8.16. The Auction House has the right to charge the Buyer who does not take possession of a Lot bought at Auction within fifteen working days for storage Costs.
8.17.
The Buyer does not have the right to set off their debt against any alleged claim
on the Auction House.
8.18. he Auction House reserves the right to ban a defaulting Buyer from its Auctions and its premises, block their Bidding accounts, deny them access to the Auctions in any other way or publish his name in a (legal) procedure as a defaulting Buyer.
Article 9. Delivery and Storage of a Lot 9.1.
The Buyer must take possession of a Lot immediately upon settlement of the
Made with FlippingBook. PDF to flipbook with ease