Terms and conditions
Terms and Conditions of Purchase - Van Zadelhoff Veilingen en Taxaties B.V.
Article 1: Definitions
Aftersales: Van Zadelhoff offers the Buyer the possibility to purchase Lots after a Public and/or Hybrid auction online in the "Aftersales".
Terms and Conditions: These Terms and Conditions are Terms and Conditions in correspondence with art.6:231 sub a of the Dutch Civil Code;
Bidder: A natural person or legal person, who participates in a Hybrid and/or Public auction and makes a bid;
Bid: A written and/or by telephone bid amount on a Lot or Lots by a (aspiring) Buyer, that excludes costs, Premium and Administration fee.
BW: Dutch Civil Code
Consumer: A (aspiring) buyer, being a natural person who is not acting on behalf of a company or profession;
Trader: a (aspiring) buyer, being a natural or legal person who is acting on behalf of a company or profession;
Hybrid auction: an Auction, that takes place in an actual environment (physical) as well as online, simultaneously;
Lot: one or more objects, that are being auctioned, with or without a catalog number;
Purchase agreement: the agreement of sale by the Seller and purchase by the (aspiring) Buyer, that has been established through a Public or Hybrid auction;
(Aspiring) Buyer: a natural or legal person, who participates in a Public or Hybrid auction or makes purchases during the Aftersales or in the Webshop. Buyer also means the aspiring buyer who participates in the auction.
Administration fee: The amount of € 1,00 per purchased Lot
Total amount: The purchase price of the Bid, plus the VAT on the purchase price of the Bid, the Premium and the Administration fee;
Rescission act: The Rescission Act in correspondence with art. 6:230 o of the Dutch Civil Code, which Consumer is entitled to invoke
Public auction: A Public auction in correspondence with art. 6:230 g lid 1 sub j of the Dutch Civil Code. A public auction also includes a Hybrid auction.
(Buyer's) Premium: 29% of the amount of the Bid, plus the VAT on the total amount of the Bid, the Premium and Administration fee. The Premium is a compensation of the expenses of the Auctioneer that are incurred by the Auction.
Van Zadelhoff: Van Zadelhoff Veilingen en Taxaties B.V.;
Auctioneer: Van Zadelhoff
Auction expenses: Costs that result from a Public auction and/or a Hybrid auction, including the Administration fee and Premium;
Auctioneer: The person in charge of the Public auction and/or Hybrid auction;
Seller: The natural person or legal person, who commissions Van Zadelhoff to sell or auction a Lot or Lots in the name of and on behalf of the Seller in the Auction, Aftersales or Webshop.
Webshop: the possibility for the Buyer to purchase items online at Van Zadelhoff.
Article 2: Terms and Conditions
These Terms and Conditions and the rules as determined by the TMV (important federation in The Netherlands) apply to all parts of the relationship between the Auctioneer and Buyer, including the particular purchase, sale, mediation, estimation, valuation, appraisals, cataloguing and conservation. Buyer indicates the candidate purchaser who participates in the auction.
Departure from these Terms and Conditions is only possible if the Auctioneer has agreed on it explicitly by letter.
The pertinence of the Terms and Conditions are made known to the Contributor at the time of the delivery of the contributed objects to the Auctioneer and/or in the completed confirmation that is sent by email. In addition, the Terms and Conditions can be found on the website of Van Zadelhoff at all times.
Article 3: Exoneration: description Lots
The auctioneer cannot be held accountable for the accuracy of the descriptions in the catalogue or otherwise communicated. This includes the descriptions of materials such as: woods, fabrics, alloys, earthenware, porcelain and diamond, etc. with the exception of precious metals. The Buyer purchases unquestioningly and "as is".
If the description of Lots in the category of 'paintings' is preceded by the term 'Gesigneerd' or 'Gesign.' (Dutch word for 'signed'), the authenticity of the work is not guaranteed by the Auctioneer.
Descriptions in the catalogue as well as any written and oral information provided by the Auctioneer and his staff are provided to the best of knowledge.
The Buyer should inspect (or should have inspected) the condition and the description of an object in the catalogue accurately before bidding and make his own judgement about the extent to which the description and the actual object correspond or the Buyer should invoke independent advice of experts if he desires. Lots are sold in their current condition as can be seen on the website. If any flaws or damages are not mentioned in the catalogue or shown on the pictures on the website, the Buyer can assume that the item will be delivered as shown. Any flaws or imperfections that are mentioned in the catalogue aim to be an indication from which the Buyer cannot derive any rights.
Article 4: Public Auction
Van Zadelhoff organizes Public auctions in correspondence with art. 6:230 g lid 1 sub j BW. According to Van Zadelhoff a Public auction serves as a method to sell goods or services to other parties that include Consumers, by means of a transparent, competitive bidding procedure under the guidance of the Auctioneer. The Consumers are present at the auction in person or are offered the possibility to do so. The winning Bidder commits himself to acquire goods or services.
A Public auction also includes the Hybrid auction. Hybrid auctions are auctions that take place in an actual (physical) environment and online, simultaneously. Van Zadelhoff offers the possibility to the Consumer to be personally present as Buyer at the Public auction's room. In most cases this auction will also take place at the same time. If the Public auction also takes place online, the Consumer will be given the possibility to submit bid-commissions in the auction room as Buyer under the supervision of an Auctioneer.
In the event of a Public auction the Consumer, as Buyer, has to notify Van Zadelhoff one working day before the Public auction that he / she would to like to make use of the possibility to submit a Bid in the auction room in the presence of the Auctioneer. A Consumer can register with the Auctioneer as Buyer in the auction room up to two hours before closing time of the Public auction. By registering, the Consumer accepts his/her registration for the Public auction according to the prescribed manner as determined by the Auctioneer, as well as the Auctioneer's instructions.
Besides submitting bids in the auction room, Public auctions offer the Consumer the possibility to bid online on the auction website of Van Zadelhoff.
A Hybrid auction, as defined in article 4.2 of these Terms and Conditions, can also be considered a Public auction and the Consumer, as Buyer, can therefore not invoke the Rescission act.
Article 5: Webshop and Aftersales
If the Buyer enters into a purchase agreement in the Aftersales and/or Webshop, this happens entirely online. The Aftersales and Webshop are not a part of the Hybrid auction.
If the Buyer enters into a purchase agreement in the Aftersales and/or Webshop, Buyers as Consumers can invoke the Rescission act. Traders, on the other hand, are not entitled to invoke the Rescission act.
Article 6: Commissions and bids
Written bid commissions should be unambiguous and clear and should have been received early enough before the closure of the auction according to the Auctioneer's judgement. If two commissions have been submitted with an equal amount on the same object and if they turn out to be the highest bid on the object, the object will be sold to the person whose bid has been received first by the Auctioneer.
Written bid commissions cannot be executed by the Auctioneer if these are submitted incomplete or incorrect.
Bids only need to be executed if the Auctioneer has the opportunity to do so. The Auctioneer is entitled to execute a bid commission at all times.
The Auctioneer discards any liability regarding the failure of written bids or bids by the Internet for whichever reason during a (Public) auction.
Article 7: Extension Closing time
If a Bid has been placed within the last 5 minutes before the closing time of that particular Lot, the closing time will be extended by 5 minutes.
Article 8: Purchase agreement
The purchase is permanent at the time of final allocation. The allocation is final when the Auctioneer has officially accepted the bid of the Buyer.
The purchaser is supposed to have bought on his own behalf and is responsible for payment without being able to rely on a mandatory.
All objects are sold in their current condition, that is such as they are delivered. Buyer therefore purchases unquestioningly or "as is." Van Zadelhoff is therefore in no way liable for the condition of the objects that the Buyer purchases.
Article 9: Rescission under certain conditions
Unless specifically exempted for particular objects in the catalogue, the Auctioneer is prepared to take a lot back in exchange of the equivalent refund of the purchase price and Auction expenses, if the Buyer is able to prove within less than three weeks after acquisition that the sold object is so severely damaged or that the given description is so incorrect, that the Buyer would never have considered bidding on the object in first place, if he had known this in advance or he would have wanted to pay a considerably lower price for it. This rule does not apply to objects where the flaws merely concern the condition of the objects (e.g. wear and restorations).
The Auctioneer is not prepared to take the object back if the description in the catalogue had been revised in advance or during the auction or if the public had been notified in time.
The preparedness to rescission also becomes invalid if the Buyer is not able to return the object in the same condition it has at the time of allocation. This is to the assessment of the Auctioneer.
Article 10: Reserved
The Auctioneer is entitled to the following rights:
to refuse a person as bidder or purchaser without having to disclose any reasons;
to be able to alter the order of sales at any time;
to add or remove objects;
to combine or separate objects as Lots;
to refuse the allocation of an object
to rectify any mistakes made during the bidding process or the allocation, or to rescind a purchase without enabling the Bidder to use these mistakes in order to invoke the Purchase agreement
to claim the entire or a partial payment immediately after the allocation and at the same time being able to rescind the Purchase agreement, if the bidder refuses or is incapable of paying the demanded amount and afterwards being entitled to re-auction the particular object, without having to accept any Bids of the negligent Bidder.
to rescind the purchase and re-auction, if the purchaser refuses to reveal his entire name and address to the auctioneer or to identify him or herself by means of legal documents;
to deny a transfer of objects from the account of the original buyer to the account of someone else
to deny customers to collect the purchased objects, before the auction has officially finished
to bid on behalf of Buyers or Sellers;
to re-auction objects and to rescind any Purchase agreements, if there has been a dispute during or short after the auction about certain objects.
Article 11: Payment costs
The Buyer's payment of the purchase price in Euro, plus Auction expenses, other costs, including Premium and Administration fee and any VAT, as determined by the Auctioneer, should be made before the collection of the purchased items and within the period as determined by the Auctioneer, without allowing discounts or deductions unless otherwise agreed. The purchase price comprises the Artist's resale right royalties, if applicable. Information and further rules regarding these royalties can be found on the website of the Dutch government regarding the Royalties for resale of artworks (Droit de Suite). Purchase prices lower than € 2325,- (excl.) do not qualify for this regulation.
Article 12: Transfer of Ownership
The ownership of the objects is only consigned after the entire payment of the purchase price has been completed.
Article 13: Interest and payable charges
If the payment has not been received in time, the Auctioneer may charge the buyer interest similar to legal interest or legal traders interest plus 5%, from the moment the payment-term has passed onwards. The judicial and non-judicial costs are also on the account of the negligent Buyer; these costs are 15% of the purchase price plus the Auction expenses with a minimum of 250 (two hundred and fifty Euro), notwithstanding the right to claim the actual costs and storage costs.
Article 14: Rescission
The Auctioneer is also entitled to rescind the Purchase agreement, if the Buyer has exceeded the term of payment and is therefore legally in default. In the event of rescission, any partial payments expire and become a compensation to be paid to the Auctioneer, who is also entitled to claim entire damage, such as lowered proceeds and costs from the negligent purchaser and in addition to re-auction the object instantly or to sell it directly. The negligent purchaser cannot claim any higher yields.
Article 15: Collection of purchased Lots
The Buyer is obliged to (let someone) collect the purchased objects (purchased Lots) within the period as indicated by the Auctioneer. Unless the Auctioneer and purchaser have agreed on a shorter or longer term of collection, a term of five working days is the standard.
Article 16: Intellectual Property Rights
It is the Auctioneer's right to photograph, illustrate or represent the objects (Lots) that are offered for sale in any other way, before, during or after the auction, while taking current legal provisions into account. All the Intellectual Property Rights belong to the Auctioneer, including the copyright of these images.
Article 17: Privacy Policy
The Auctioneer includes the personal data obtained in an administration that is specifically held for that purpose.
By registering on the website the user allows the Auctioneer to use and store the provided personal data
The Auctioneer will only use these data for his own use. In addition the Auctioneer is authorized to provide information to the Seller and any assistants of the auctioneer or seller. The Auctioneer will not provide any information to third parties without the permission of the user, unless it is required by a legal provision or a demand of a competent authority. In case of a delinquent payment by the Buyer, the Auctioneer is justified to provide these data to a judicial power and / or a power that is authorized to collect the delinquent payment in a different way. Because these Terms and Conditions apply, the Buyer accepts this Privacy Policy.
The user guarantees the correctness and completeness of the provided information and data, as registered. If these data alter, the user is obliged to inform the Auctioneer about this alteration(s). If the user fails to do so, the Auctioneer is entitled to charge the user €25,- administration costs.
Article 18: Shipping
The sending of the purchased items (purchased Lots) by post is at one's own risk. We guarantee that we pack the items carefully; and most of the time this goes well. However, the way the transport service deals with your purchased items will not fall under our responsibility. If your package has been damaged in any way, you should contact the package service of TNT-post yourself, indicating the track and trace code you have received from us and claim the damage directly from the transport service.
Parcels which are shipped overseas may be checked by the customs. You may be required to pay the custom duty. You can either pay the duty or return the parcel back to us and we redeliver it to you. All costs incurred in the process will be paid by the buyer. We will offer as much help as possible.
Article 19: Measurements of Lots
The Auctioneer mentions sizes of lots, when he considers this to be of relevance. Paintings are thereby measured without frames and in the case of furniture the largest sides are measured. The Auctioneer cannot be held responsible for any measurement errors.
Artikel 20: Exoneration and en indemnity insurance
Van Zadelhoff's exemption from liability in these Terms and Conditions, refers to an exemption of liability to the extent that the indemnity insurance does not offer any coverage. In addition, Van Zadelhoff is exempted from liability if it concerns a higher amount than the indemnify insurance is covering. The procedure of the indemnify insurance is in this case the determining procedure.
