Terms and conditions
1. The sale is done by cash or PIN with an additional premium of 25% (taxes included).
2. The buyer is expected to purchase for their own account and is therefore refrained from an appeal to premium.
3. The highest bidder shall be the buyer. In a disagreement between two or more bidders, the auctioneer holds the absolute right to rule. The auctioneer reserves the right to divide or to unite lots during the course of the sale. When making an error, the auctioneer holds the right to rectify the mistake at all times and the right of absolute discretion to refuse any bid.
4. Descriptions of items in the catalogue as well as all written and oral information provided by the auctioneer and his personnel will be to the best of their knowledge.
5. The auctioneer holds the following rights:
- the right to deny any person a sale at all times.
- the right to change the order of items in the sale.
- the right to omit or add any items to the auction.
- the right to divide or unite any buy.
- the right to disallow or to stop any sale.
-the right to rectify any errors made during a sale in which case the buyer is refrained and unable to invoke his rights of the purchase agreement.
- the right to claim full or partial payment directly after allocation and incase of default, the right to annul the purchase agreement which after the item can be reauctioned and the original buyer excluded from the sale.
- the right to annul the purchase agreement and reauction the item when a buyer refuses to show identification and reveal name and address.
- the right to refuse transfer of items to a different account than that of the original buyer.
- the right to practice free of charge on behalf of the buyers or sellers. In a case of equal assignments, the first client has priority. Assignments without a limit will not be accepted.
-the right of annulling any purchase agreement and of reauctioning items over which a dispute may have arosen.
6. The items are expected to be in good condition unless stated differently in the catalogue. In case of serious defaults that are unmentioned in the catalogue, the objects may be returned (with exception of the lots from the department 'packages' and the lots that are marked W.A.F). This must happen within a week after delivery. For the departments art, graphic and posters additional conditions apply:
- all items in the auction are expected to be described true and correct to the best of knowledge. Descriptions however, as well as oral announcements that are given before or after the auction, do not reproduce anything more than an opinion and will not in any way constitute a guarantee regarding authenticity, dating, origin, etc. Barring striking exceptions, the state of the lots will not me mentioned in the catalogue. Mention of any defect in the catalogue does not imply absense of others. All objects will be sold in the condition in which they were auctioned. Potential buyers need to make themselves aware of the condition an item is in during the viewings.
- The risc of of damage to a lot is the responsibility of the buyer from the moment that the auctioneer accepts the buyer his bid as the highest bid. The auctioneer is willing to take back an auctioned off item in exchange of simultaneous restitution of the purchase price and auction fees
- provided that the buyer demonstrates the concealed shortcomings of the item or shows that the provided description of the item is incorrect in such a way that is satisfactory to the auctioneer, and proves that, had this been otherwise, the buyer would have abandoned the sale or would have bought it for a lower price, within three weeks of the auction. This does not apply when the shortcomings merely include the condition of the item (such as wear and tear or restoration).
- When a sold item turns out to be an imitation, the sale is dissolved and the purchase price will be refunded in full as long as the lot is returned in the same condition as it was sold in. The auctioneer is unwilling of refund in case the description in the catalogue was, previous to or during the auction, revoked and the correct description was communicated to the audience orally or written.
7. The lots are inserted on their target price, indicated in brackets following each number in the catalogue. Biddings lower than this price will not be accepted.
8. Bidders and attendees can presume that the auctioneer will raise the stakes as follows:
to € 100,- with € 5,-; from € 100,- to € 200,- with € 10,-; from € 200,- to € 500,- with € 20,-; from € 500,- to € 1000,- with € 50,-; from € 1000,- to € 2000,- with € 100,-; from € 2000,- to €5000,- with € 200,-; anything higher with € 500,-.
9. Payment must happen by cash or PIN right after the auction, unless agreed otherways with the auctioneer. The items that are auctioned off will be the buyer's property only after full payment.
10. The auctioneer is never liable for damage to picture frames, other frames and all that is part of it such as the glass, passe-partout, etc. unless the damage is caused deliberately or purposeful recklessness of the auctioneer or the working personnel.
- In no case is the auctioneer liable for any accident or form of damage befallen to anyone in or near the buildings or territory that bear possibility for supply, storage or viewing, where the auction has taken place, or where the sold items are collected, unless the damage is cause deliberately or purposeful recklessness of the auctioneer or the working personnel, and or the insurance covers the auctioneer or the working personnel.
11. In case of failure of payment, the auctioneer is entitled to one of the following possibilities:
- 1. The auctioneer may charge interest to the buyer equal to the lawful interest raised by 3%, or, by the auctioneer's choice, a 1% monthly interest, calculated from the date the payment was due. Additionally, all the judicial and non-judicial costs are for the account of the negligent buyer;
-2. Unpaid lots will be reauctioned, by which the costs of the money difference in case of a lower bid will be paid by the buyer that is in default.
-3. Furthermore the auctioneer holds the right, when the buyer misses payment and is therefore in default by law, to annul the purchase agreement. Any partial payments are assigned to the auctioneer as refund for damage to the auctioneer whom also has the right to claim different costs, such as reduced income, from the buyer and to reauction the auctioned item or by private contract. The negligent buyer cannot claim any possible profit.
12. Any despatch of lots is on risk and account of the buyer and occurs after full payment of the bill. Mind that framed works and fragile goods will not be shipped.
13. Potential buyers are made aware that in various countries the import of material coming from endangered species is illegal, including, but not all; coral, ivory and tortoises. Potential buyers should therefore beforehand gather information about the import rules of their country should they wish to import a lot.
In the Netherlands, resale right of works of art applies to living artists and to artists who have died less than seventy years ago. ACA Auctions charges the reimbursement of the resale rights to the buyer. The reimbursement only applies to amounts higher than € 3000,- over the purchase price, auction fees included (VAT excl.) and is calculated as follows:
• 4% of the part of the purchase price up until € 50,000;
• 3% of the part of the purchase price starting from € 50,000 up until € 200,000;
• 1% of the part of the purchase price starting from € 200,000 up until € 350,000;
• 0.5% of the part of the purchase price starting from € 350,000 up until € 500,000;
• 0.25% of the part of the purchase price starting from € 500,000.
14. The total amount of reimbursement is bound to a limit of € 12,500.
15. The buyer needs to be informed of the conditions of sale stated above.
