General terms & conditions
GENERAL TERMS AND CONDITIONS
Article 1 Applicability
1.1 These General Terms and Conditions govern all
aspects of the relationship between the auctioneer
and the purchaser, including aspects relating to
purchase, sale, agency, valuation, assessment,
appraisal, cataloguing and safekeeping. The term
'purchaser' includes prospective purchasers who
participate in the auction.
1.2 Deviations from these General Terms and
Conditions are valid only if and insofar as they are
explicitly accepted in writing by the auctioneer.
1.3 Visitors to the auction will be informed of the
applicability of these General Terms and Conditions
by publication in the catalogue prior to the auction
and/or notification prior to the auction. All parties
who participate in the auction thereby indicate their
full acceptance of the applicability of these General
Terms and Conditions.
Article 2 Duty to provide information/duty to examine
2.1 The auctioneer and his personnel provide all
descriptions in the catalogue and all written or oral
information to the best of their knowledge.
2.2 Before making a purchase the purchaser must
carefully and professionally inspect (or cause the
inspection of) the condition and the description of
the object in the catalogue or the lot list to his own
satisfaction and to form his own opinion about the
degree to which the object is in accordance with its
description. If reasonably necessary or desirable the
purchaser must obtain the independent advice of
experts. The purchaser cannot rely on illustrations
contained in the catalogue. If particular defects or
imperfections are noted in the catalogue, such
notifications must be deemed a non-exhaustive
indication from which the purchaser cannot derive
any rights.
2.3 The auctioneer cannot be held liable for the
accuracy of the description of materials contained in
the catalogue, or otherwise made known, such as
types of wood, fabrics, alloys, earthenware,
porcelain or diamonds, with the exception of
precious metals. The auctioneer will accept liability
for incorrect descriptions only insofar as provided in
Article 6 of these General Terms and Conditions.
Article 3 Bidding
3.1 The purchaser can bid in person. The purchaser can
also bid by telephone or by leaving written bidding
instructions. Other bidding methods, such as
electronically, via the Internet or oral bidding
instructions, may be used only if explicitly offered
by the auctioneer.
3.2 Written bidding instructions must be unambiguous
and clear and must be received by the auctioneer in
sufficient time, in the auctioneer's opinion, before
the commencement of the auction. If the auctioneer
receives more than one set of bidding instructions
and the amounts to be bid are the same, and if at the
auction those bids are the highest bids for the object
in question, the object will be sold to the person
whose bid was first received by the auctioneer.
3.3 Bidding instructions will be followed only if the
auctioneer has a reasonable opportunity to do so.
The auctioneer may at any time refrain from
carrying out bidding instructions.
3.4 If the purchaser wishes to bid by telephone he must
so agree with the auctioneer in writing not later than
one day before the auction.
3.5 The auctioneer excludes all liability in respect of the
failure, for any reason whatsoever, of a bid by
telephone. The same applies to written bids,
electronic bids and bids via the Internet.
Article 4 Conclusion of contract of sale
4.1 The sale is concluded upon definitive allocation. An
object has been definitively allocated when the
auctioneer has accepted the purchaser's offer or has
declared the object sold to the purchaser.
4.2 All objects are sold in their condition at the time of
allocation.
4.3 Nearly all lots are from private sellers. Because of this, a 'consumentenkoop' as written in article 7.5 of the Dutch 'Burgerlijk Wetboek' (BW) is not applicable.
Article 5 Purchaser's obligations
5.1 The purchaser must provide proof of his identity at
the auctioneer's first request.
5.2 The purchaser is deemed to have bought the object
for himself and is liable for payment. The purchaser
may not invoke the obligations of a principal.
5.3 The rights and obligations pursuant to the contract
of sale and these General Terms and Conditions are
vested in and accrue to the purchaser. The purchaser
cannot transfer those rights and obligations to third
parties.
Article 6 Auctioneer's obligation to take back objects
6.1 Unless explicitly excluded in respect of a particular
object in the catalogue or lot list, the auctioneer is
willing - without prejudice to Articles 2 and 4.2 - to
take back an auctioned object and simultaneously
reimburse the purchase price and auction charges if
the purchaser proves to the auctioneer's satisfaction
within a period of three weeks after the sale that the
auctioned object has such serious hidden defects or
that the description provided was so inaccurate that
if the purchaser had been aware of those defects or
that inaccurate description at the time of allocation
he would have decided not to go ahead with the
purchase or would have purchased the object only
for a considerably lower price. This provision does
not apply if the defects relate only to the condition of
the object (such as wear and tear and restorations).
Because the Zeeuws Veilinghuis wants to pay the sellers soon after the auction, taking back by the auctioneer is not possible after three weeks from the auction date.
6.2 The auctioneer is not willing to take back an object
if the description in the catalogue was revoked prior
to or during the auction and if those present at the
auction were informed of the correct description
orally or in writing.
6.3 The auctioneer's willingness to take back an object
will also lapse if, in the auctioneer's opinion, the
purchaser cannot return the auctioned object in the
same condition as that at the time of allocation.
Article 7 Auctioneer's rights
7.1 The auctioneer reserves the following rights:
a. to refuse to accept persons as bidders or as
purchasers without stating any reason;
b. to change the order of sale at any time;
c. to omit or add objects;
d. to combine or split up sales;
e. to refrain from awarding sales or to suspend
sales;
f. to rectify errors in bidding or allocation or to
nullify a sale, without the bidder being
permitted to take advantage of errors and
thereby invoke the conclusion of a contract of
sale;
g. to demand full or partial payment immediately
after allocation; in the event of refusal or
inability to pay, the auctioneer is entitled to
nullify the contract of sale, auction the object
again and refuse to accept any offers from the
bidder who was in default;
h. if the purchaser refuses to state his full name
and address and provide appropriate proof of
identity to the auctioneer at the auctioneer's first
request, to dissolve the contract of sale and
auction the object again;
i. to refrain from transferring objects from the
account of the original purchaser to the account
of another party;
j. to refrain from delivering objects during the
auction;
k. to make bids on behalf of purchasers or sellers;
and
l. to once again auction objects in respect of
which a dispute has arisen during or shortly
after the auction and to dissolve any contract of
sale.
Article 8 Payment/transfer of ownership
8.1 The purchaser must pay the purchase price in euros,
plus auction charges (buyers premium) of 28%, and -if applicable- Resale royalties (see article 15) before delivery of the item purchased and within a term to be set by the auctioneer, without applying any discount or setoff, unless the parties have agreed otherwise.
8.2 The 'margin arrangement' may be invoked only if, in
the sole opinion of the auctioneer, all of the relevant
rules have been complied with prior to the auction,
including the rules governing the purchasing
statement.
8.3 The ownership of objects will not be transferred
until the full purchase price has been paid. In the
event of late payment the ownership of objects will
not be transferred until the full purchase price has
been paid including the fees referred to in Article 9.
Article 9 Late payment
9.1 In the event of late payment the auctioneer may
charge the purchaser interest at the statutory interest
rate increased by 3% or - at the auctioneer's
discretion - 1% monthly, to be calculated as from
the date on which the payment term expired. In
addition, all court and out-of-court costs must be
paid by the defaulting purchaser; those costs are
estimated at 15% of the purchase price increased by
the auction charges, with a minimum of EUR 250
(in words: two hundred and fifty euros), without
prejudice to the right to recover the actual costs.
9.2 If the purchaser exceeds the payment term and is
thereby in default by operation of law, the auctioneer
is also entitled to dissolve the contract of sale in
writing. In the event of dissolution, any partial
payments will be forfeited to the auctioneer as
compensation of damage. The auctioneer will also
be entitled to recover from the purchaser the full
damage, such as lower proceeds, and costs and once
again to auction the object immediately or at a later
date or to sell it. The defaulting purchaser cannot
claim any higher proceeds.
Article 10 Term for collection
10.1 The purchaser is obligated to take possession of the
object purchased and to collect it (or have it
collected) within a term to be indicated by the
auctioneer. The ultimate term for collection is five
working days after the last day of the auction,
subject to the auctioneer's right to indicate a shorter
or longer term.
10.2 If the purchaser fails to take possession of and
collect the object purchased (or have it collected)
within the term set, the purchaser will be deemed in
default by operation of law and the provisions
contained in Article 9 will apply accordingly. The
auctioneer will also be entitled to have the
purchased object stored at the purchaser's risk and
expense, in which context transport costs and the
related risks will also be for the purchaser's account.
Article 11 Unsold objects
11.1 If an object to be auctioned remains unsold, for a
period of ten days after the auction the auctioneer is
entitled, but not obligated, to sell the unsold object,
unless a different agreement has been made with the
contributor.
11.2 The auctioneer will conclude such a sale after the
auction ('aftersale') only if that sale can be made for
a price that results in an amount that is at least
equal to the net proceeds of sale to which the seller
would have been entitled if the object had been sold
at the reserve that applied to that auction, unless a
different agreement is made with the seller.
11.3 A purchase by a purchaser within the meaning of
this Article will be deemed a purchase at auction
that is governed in full by these General Terms and
Conditions.
Article 12 Auctioneer's liability
12.1 The auctioneer will in no event be liable for damage
to picture frames, other frames and any related
objects such as glass plates, passepartouts, etc.,
unless the damage is caused by an intentional act or
wilful recklessness on the part of the auctioneer
and/or assistants or staff members whom the
auctioneer engages.
12.2 The auctioneer will in no event be liable for loss of
profits, consequential loss, pecuniary loss and/or
indirect damage.
12.3 The auctioneer will in no event be liable for any
accident or any form of damage that anyone incurs
in or near the buildings or sites intended for
contribution, storage or viewing, or where the
auction is held or goods sold can be collected, unless
the damage is caused by an intentional act or wilful
recklessness on the part of the auctioneer and/or
assistants or staff members whom the auctioneer
engages and/or insofar as the damage is covered by
the auctioneer's insurance.
12.4 Buildings or sites are entered at one's own risk.
Article 13 Photographs and illustrations
13.1 The auctioneer is entitled to photograph, illustrate
or otherwise portray, depict or cause the depiction of
all objects offered for sale, in any manner
whatsoever, before, during or after the auction, with
due observance of applicable statutory provisions.
The auctioneer retains the copyright on all such
depictions.
Article 14 Miscellaneous
14.1 If any provision contained in these General Terms
and Conditions is null, nullified or non-binding, the
other provisions will continue to apply in full. In the
event that one or more provisions are null, nullified
or non-binding, the purchaser and the auctioneer
will agree on replacement provisions that are valid
and that approximate the content and purport of the
null, nullified or non-binding provision(s) as closely
as possible.
14.2 These General Terms and Conditions are governed
exclusively by Dutch law.
14.3 All disputes with respect to, arising from or related
to a contract of sale concluded by the auctioneer and
the purchaser, the conclusion of a contract of sale or
these General Terms and Conditions will be
submitted for resolution exclusively to the competent
court of Amsterdam, the Netherlands, subject to the
auctioneer's right to submit the dispute to the
competent court in the purchaser's district.
Article 15 Artist's resale right regulations
('Volgrecht' or Droit de suite)
Since the 1st of January 2012 Artist's resale right regulations apply for living artists and artists who lived the last 70 years.
Resale royalties applies where the price realised (Hammer and premium) is € 3000 or more, excluding VAT. The heights of these royalties are:
4% up to € 50.000
3% between € 50.000 and 200.000
1% between € 200.000 and 350.000
0,5% between 350.000 and 500.000
0,25% in excess of € 500.000
Maximum of the royalties are € 12.500 per lot.
