except that any partial payment of the Purchase Price shall be deducted from the damages or penalty owed, and any surplus must be refunded to the defaulting Buyer.
exclusively governed by Dutch law.
14.3. If there are discrepancies between the printed and the Digital information, the Digital information with prevail. If there are discrepancies between the Dutch text and its translations in any communication, including these General Terms and Conditions, the Dutch text will prevail. Any dispute whatsoever, including any disagreement which only one party considers to be a dispute, which may arise in connection with or as a result of the legal relationship to which these terms and conditions apply, or with any condition or its execution, both in a factual and legal sense, will be settled by the District Court of The Hague, without prejudice to the right to appeal or cassation or the right to request preliminary relief. 14.4.
Article 12. Hidden Flaws and Misleading Descriptions 12.1. If the Buyer can prove that the Seller or the Auction House knew that a Lot sold at Auction had a hidden flaw or if the description provided by the Auction House was so misleading that they would not have put in the Bid if this hidden flaw or misleading description had been known to the Buyer during the Auction, the Buyer has the right to dissolve the buying agreement by written notification addressed to the Auction House, or to rescind it by invoking error.
12.2.
The Buyer can only claim the right referred to in Article 12.1 within one month
from the day after the Auction.
14.4. The present General Terms and Conditions are always available for public consultation at Auctions and on the Auction House’s website.
12.3. If the Buyer cannot return the Lot purchased at Auction in the condition in which the Auction House delivered it, the right to dissolve or rescind the agreement referred to in Article 12.1 lapses. If the Auction House relied on the information provided by the Seller In Writing the item’s description, the Seller must indemnify the Auction House against all claims by the Buyer or any third parties. 12.4. 12.5. The Buyer is not entitled to dissolve the buying agreement if the description was withdrawn before or during the Auction and before the Bid was made, and if the corrected description was communicated to the public either verbally, In Writing, or via the website. Article 13. Limitation of the Auction House’s Liability 13.1. The Auction House is not liable for disregarding a Bid or Commission Bid made before or during the Auction. Nor is the Auction House liable for technical or other problems in the supply of electricity, mail, telephone, Internet services or electronic auction system, which might prevent a Bid from being made. 13.2 Without prejudice to the provisions of Article 13.1, the Auction House is not liable for any malfunctions during (Online) Auctions occurring either at the Auction House or elsewhere. The Bidder accepts that the Auction House cannot be held accountable for such failures. The Bidder accepts, among other things, that they may have problems registering, that they may not be able to make a (timely) Bid, or that their Bid may not be accepted or confirmed.
Article 15. Online Auction 15.1.
The articles of the present General Terms and Conditions also apply to the Online Auctions, unless the nature of an article indicates differently. Articles 15 and 16 below only apply to Online Auctions.
15.2. When presenting a Lot, the Auction House lists a starting Bid, all Costs and any Droit de Suite royalties involved in the purchase and delivery of the Lot, and payment method.
15.3.
The starting Bid is determined by the Auction House.
15.4. The Bidder can make a Bid until the Auction closes. By making a Bid, the Bidder accepts the fact that they are taking on a payment obligation. The Bidder will receive an email as confirmation of the Bid.
15.5.
The Bid can be a direct Bid or a maximum Bid. In the case of a maximum Bid, new
Bids are made automatically until the maximum amount is reached.
15.6.
By making a Bid, a binding buying agreement is entered into, provided the Bid is
the highest, made on time, and confirmed by the Auction House.
15.7. The Bidder who has made the highest Bid when the Online Auction closes will receive a confirmation email as soon as possible and is obligated to pay for and collect the Lot.
13.3.
The Auction House is not liable to the Seller or Bidder when exercising the right
15.8. After the Transaction has been concluded, the Auction House will send the Buyer an email with an invoice. The Buyer must pay the Auction House’s invoice immediately upon receipt or within no more than five working days. The Buyer is obligated to collect the Lot within five working days after the Online Auction has closed. The Auction House will only deliver the Lot if the invoice has been paid in full. 15.9.
of refusal of a Bid or Bidder.
13.4. The Auction House is not liable to the Seller, or the Bidder, or the Buyer for visible or invisible flaws; for the description, condition, features, qualities or designation of any Lot; for the materials used, such as the types of wood, fabrics, alloys, ceramics, porcelain, precious metals and diamonds; or for delays or changes in atmospheric conditions, except in case of wilful misconduct or gross negligence, without prejudice to the rights of the Buyer referred to in Article 12.1.
15.10.
The collection Costs are payable by the Buyer.
Article 16. Consumer’s Right of Withdrawal 16.1. If the Bidder has made a Bid as a Consumer and has entered into the buying agreement, they can nullify the Transaction and therewith the buying agreement within fourteen days after the day of the Transaction, on the condition that there was no opportunity offered to view the lot(s) before the auction. During the cooling-off period, the Consumer-Buyer will handle the Lot and its packaging with care. They will only unwrap or use the Lot to the extent required to determine its nature, 16.2.
13.5.
The Auction House is not liable to the Seller, the Bidder, or the Buyer for not
Auctioning a Lot or for exercising its rights under Article 7.
13.6. The Auction House is not liable to the Seller, the Bidder, or the Buyer for loss, damage, or theft with or without forced entry, of any nature and from any cause, of a Lot to be auctioned or bought at Auction, except in case of willful misconduct or gross negligence on the part of the Auction House and without prejudice to the cover provided by the Auction House’s insurance policies.
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13.7.
The Auction House is not liable for loss of profit, consequential damage, financial
loss, or indirect damage, except in those cases provided for by law.
features, and functionality, based on the principle that the Consumer-Buyer can only handle and inspect the Lot as they would in a store.
13.8.
The Auction House cannot be held liable if a purchased Lot do not meet Dutch,
European, or other statutory provisions.
16.3.
If the Consumer-Buyer exercises their right of withdrawal, they must inform the
Auction House within the cooling-off period by sending an email.
13.9
The Auction House cannot be held liable for any damage caused by
environmentally harmful or hazardous substances that are part of a Lot.
16.4.
With regard to the Consumer-Buyer’s right of withdrawal, Book 6 of the Dutch
13.10 The Auction House cannot be held liable for any computer viruses or other harmful or illegal software or files disseminated through the website or Auction app.
Civil Code applies accordingly.
13.11. Visitors enter the buildings and grounds used by the Auction House at their own risk. The Auction House has the right to refuse anyone entrance to these buildings and grounds without stating reasons. The Auction House uses security cameras inside and outside its buildings and grounds to protect the Lots entrusted to it, its property, and, above all, the safety of staff and visitors. By entering these buildings or grounds, the visitor gives their consent to this. 13.12. 13.13. The Auction House is not liable for any accident or other damage to a person in or near the buildings or grounds where items are taken in, stored, or viewed, where the Auctions take place, or where the sold items are collected, except in case of willful misconduct or gross negligence on the part of the Auction House and without prejudice to the cover provided by the Auction House’s insurance policies. The Auction House is not liable for matters arising from any applicable heritage law or other law that restricts free movement, including but not limited to obtaining an export licence for an Item purchased at the Auction, nor for any costs resulting therefrom for the Buyer. 13.14.
13.15.
The Auction House cannot be held liable for force majeure.
Article 14. General Provisions 14.1.
Invalidity of one or more provisions of these General Terms and Conditions does not affect the validity of the remaining provisions. In these circumstances, the parties will replace the affected provisions with valid provisions that can be implemented and that are as similar as possible in content and purport to the original provisions.
14.2.
All agreements between the Auction House and the Seller, Bidder, or Buyer are
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