General conditions

Article 1 applicability

1.1 These general terms and conditions apply to all parts of the relationship between the auctioneer and the buyer including those relating to purchase, sale, mediation, valuation, appraisal, appraisals, cataloguing, safekeeping. Buyer includes the prospective buyer participating in the auction.

1.2 Deviation from these terms and conditions is only possible if and to the extent expressly accepted in writing by the auctioneer.

1.3 The applicability of the general terms and conditions shall be made known to auction goers by publication in the catalog prior to the auction and/or notification prior to the auction. Any person participating in an auction thereby indicates full acceptance of the applicability of these terms and conditions.

Article 2 information/investigation duty

2.1 Descriptions in the catalog and all written or oral information are provided by the auctioneer and his staff to the best of his knowledge.

2.2 Before purchasing, the buyer should, to his own satisfaction, carefully and expertly inspect (or have inspected) the condition and description of an object in the catalog or lot list and form his own opinion as to the extent to which the object corresponds to its description, and the buyer should seek independent expert advice where reasonably
necessary or desirable, while the buyer should not rely on illustrations in the catalog. If certain defects or imperfections are mentioned in the catalog, this is intended to be an indication which is not exhaustive and from which the buyer cannot derive any rights.

2.3 The auctioneer cannot be held liable for the accuracy of the description in the catalog or otherwise made known, of materials such as, for example, woods, fabrics, alloys, pottery, porcelain and diamonds, all this with the exception of precious metals. The auctioneer only accepts liability for incorrect descriptions to the extent provided for in Article 6 of these terms and conditions.

2.4 The auctioneer cannot be held liable for the technical functioning of clocks, watches, timepieces and electrical appliances. These are offered without guarantee of efficacy.

Article 3 offer

3.1 The buyer can bid in person. It is also possible for the buyer to bid by telephone, or by leaving a written bidding order. Other bidding methods, for example electronic or through the Internet or verbal bidding orders, are only available if they are expressly offered by the auctioneer.

3.2 Written bidding orders shall be unambiguous and clear and, in the opinion of the auctioneer, shall be received by the auctioneer sufficiently in advance of the start of the auction session.

3.3 Bid orders need only be executed if the auctioneer has reasonable opportunity to do so, and the auctioneer has the right at any time to waive the execution of a bid order.

3.4 The auctioneer always excludes any liability in respect of the failure, for whatever reasons, of a telephone bid to succeed, as well as the failure, for whatever reasons, of a written bid, electronic bid or bid through the Internet.

Article 4 formation of purchase agreement

4.1 The sale is concluded by final allotment. Final allotment occurs when the auctioneer has accepted the buyer’s bid or has awarded the object to the buyer.

4.2 All items will be sold in the condition they are in at the time of allotment

Article 5 obligations of buyer

5.1 The buyer shall identify himself at the first request of the auctioneer.

5.2The buyer shall be deemed to have purchased for himself and shall be liable for payment without relying on a principal.

5.3 The rights and obligations under the purchase agreement and these general terms and conditions shall belong exclusively to the buyer and cannot be transferred by the buyer to third parties.

Article 6 take-back obligation of auctioneer

6.1 Unless expressly excluded for certain objects in the catalog or lot list, is – without prejudice to articles 2 and 4.2 – the auctioneer is prepared to take back an auctioned object against simultaneous refund of the purchase price and auction costs charged, if the buyer proves to the satisfaction of the auctioneer within a period of three weeks after the sale that the auctioned object has such serious hidden defects or the description provided is so incorrect that if these defects or the correct description had been known to the buyer at the time of allotment, he would have refrained from buying or would have bought only at a substantially lower price. This does not apply if the defects concern only the condition of the object (such as, for example, wear and tear and restorations).

6.2 The auctioneer is not willing to take back if the description in the catalog was revoked prior to or during the auction and the correct description was communicated to the public orally or in writing.

6.3 The willingness to take back also lapses if the buyer cannot return the auctioned object in the same condition as it was at the time of allotment, at the auctioneer’s discretion.

Article 7 rights auctioneer and auctioneer

7.1 The auctioneer and the auctioneer reserve the following rights:

• a. reject persons as bidders or buyers without giving reasons;
• b. change the order of sale at any time;
• c. cause objects to fall out or be added;
• d. combine or split purchases;
• e. buy not award or hold up;
• f. correct mistakes in bidding and awarding, or undo a sale without allowing a bidder to take advantage of mistakes and rely on a completed contract of sale in that case;
• g. to demand immediate payment in whole or in part after allotment, while in the event of refusal or impotence of payment, the auctioneer and the auctioneer shall have the right to make the contract of sale un3on and thereafter to re-auction the object in question and not to accept the bid of the negligent bidder again
  ;
• h. if the buyer refuses to disclose full name and address to the auctioneer upon first request and to show related identification, to rescind the contract of sale and re-auction;
• i. not transfer items from the original purchaser’s account to another’s account;
• j. not to surrender any items during the auction;
• k. submit bids on behalf of buyers or sellers;
• l. bring back into auction items about which a dispute arose during or shortly after the auction, and rescind any contract of sale.

Article 8 payment/transfer of ownership

8.1 The payment by the buyer of the purchase price in Euro plus auction costs, being 29% including V.A.T. and € 0.50 number money per purchased lot, must be made before the delivery of the purchased objects and within the period to be set by the auctioneer, without any discount or set off, all this unless otherwise agreed.

8.2 If applicable, you will owe resale rights. (for detailed explanation see link at the bottom of the website)

8.3 An appeal to the so-called margin scheme can only be made if prior to the auction all applicable regulations have been complied with, inter alia with regard to the purchase declaration. This is at the sole discretion of the auctioneer.

8.4 Ownership of the objects shall not be transferred until after full payment of the purchase price and, in case of late payment, not until after full payment of the purchase price including the costs mentioned in Article 9.

8.5 All purchases and sales take place under the margin scheme

Article 9 non-timely payment

9.1 In case of late payment the auctioneer shall be entitled to charge the buyer interest equal to the legal interest rate increased by 3% or – at the auctioneer’s option – 1% per month, to be calculated from the date on which the payment term has expired. All judicial and extrajudicial costs shall also be for the account of the defaulting buyer,6 which costs shall be estimated at 15% of the purchase price plus auction costs with a minimum of € 250 (in words: two hundred and fifty Euros), without prejudice to the right to recover the actual costs.

9.2 The auctioneer also has the right, if the buyer exceeds the term of payment and is therefore legally in default, to rescind the purchase contract in writing. Any partial payments shall lapse in the event of rescission by way of compensation for damages to the auctioneer, who shall also be entitled to recover the full damages, such as lesser proceeds, and costs from the buyer and to re-auction or sell the auctioned property out of hand immediately or later. The negligent buyer cannot claim any excess proceeds.

Article 10 collection period

10.1 The buyer is obliged to take possession of the purchased objects and to collect them (or have them collected) no later than 1 week after the last auction day.

10.2 If the buyer fails to take delivery of the purchased item and to collect it or have it collected within the stipulated period, the buyer will be in default by operation of law and the provisions of Article 9 will apply accordingly. The auctioneer also has the right to put the purchased item into storage at the expense and risk of the buyer, whereby transport costs and the related risk shall also be borne by the buyer.

Article 11 unsold items

11.1 If an object remains unsold at auction, for a period of ten days after the auction, the auctioneer has the right but never the obligation to still sell the unsold object unless otherwise agreed with the offeror.

11.2 The auctioneer shall enter into such a sale after auction (“aftersale”) only if such sale can be made at a price resulting in an amount at least equal to the net sale proceeds to which the seller would have been entitled if the item had been sold prior to the limit applicable to such auction, such unless a different arrangement is agreed upon with the seller.

11.3 A purchase by a buyer within the meaning of this article shall be deemed to be a purchase at auction to which these general terms and conditions shall apply in full.

Article 12 liability auctioneer

12.1 The auctioneer shall never be liable for damage caused to picture frames, other frames and everything that forms part of them such as glass plates, mat boards, etc., except in the case that the damage is caused by intent or deliberate recklessness on the part of the auctioneer and/or auxiliary persons or members of staff engaged by him.

12.2 Under no circumstances shall the auctioneer be liable for corporate, consequential, property and/or indirect damages.

12.3 The auctioneer shall never be liable for any accident or any form of damage suffered by anyone in or near the buildings or grounds where there is opportunity to bring in, store or view, where the auction takes place or where the goods sold are collected, except in the event that the damage is caused by intent or deliberate recklessness on the part of the auctioneer and/or auxiliary persons or members of staff engaged by him and/or except insofar as covered by the auctioneer’s insurance.

12.4 Entering the buildings or grounds shall be at your own risk.

Article 13 photographs and illustrations

13.1 The auctioneer shall be entitled to photograph, illustrate or otherwise depict and depict (or cause to be depicted) all objects offered for sale in any manner, both before, during and after the auction, taking into account applicable legal provisions. The auctioneer retains the copyright to all such images.

Article 14 miscellaneous

14.1 The nullity, annulment or non-binding nature of one of the provisions of these general terms and conditions shall not affect the validity of the remaining provisions. In the event that one or more provisions are void, annulled or non-binding, the buyer and auctioneer shall agree on substitute provisions which are valid and which most closely approximate the content and purport of the provision(s) which are void, annulled or non-binding.

14.2 These general terms and conditions are exclusively governed by Dutch law.

14.3 All disputes concerning, arising from or relating to a purchase agreement concluded between the auctioneer and the buyer, the
conclusion of a purchase agreement or these general terms and conditions shall be submitted exclusively for settlement to the competent court in Amsterdam, subject to the auctioneer’s right to submit the dispute to the competent court in the buyer’s district.

Federation of Valuers Brokers Auctioneers of Movable Property and Machinery. Copyright is expressly reserved. Reproduction and handling of these conditions is permitted only to members of the aforementioned Federation.