VENDUHUIS DE JAGER TERMS AND CONDITIONS
Condition 1
1a
These terms and conditions may only be deviated from by written permission of VenduHuis De Jager Goes BV.
1b
The Terms and Conditions are communicated to the auction visitors by a publication and/or an announcement prior to the auction either online or at the auction venue. Any participant in the auction states clearly, that in participating he/she fully accepts these Terms and Conditions.
Condition 2 Description of Goods
2a
VenduHuis de Jager Goes B.V. can not be held responsible for the accuracy of descriptions in the catalog any other statements, such as, but not limited to: type of wood, fabrics, alloys, ceramics, porcelain, diamonds, precious metals and the age of items.
Condition 3 Binding Contract
3a
There will be a final sale when VenduHuis de Jager Goes BV accepts the highest bid @ the fall of the hammer, then consequently agrees to sell to the highest bidder, now called the Buyer.
3b
All items are sold 'as is', 'where is', and in the condition they are in at the time of sale.
Condition 4 Rights of Responsibilities of the Buyer
4a
The buyer is solely responsible for payment in full, without being able to call upon another person.
4b
The buyer is responsible for paying the hammer price + 30% Buyers Premium in addition to 2 euro per lot. Upon invoicing from VenduHuis de Jager Goes B.V., payment is due in full within 48 hours. Payment methods accepted are bank wire transfer, cash payment, or pin.
4c
Ownership shall pass only upon payment in full. Any items not paid in full will be returned to the consignor on the 29th day after the auction. The purchase contract will then be null and void. Partial payments made on an invoice shall be deducted from the penalty mentioned in the article 4f.
4d
Upon fall of the hammer, buyer is immediately responsible for all items. VenduHuis de Jager Goes B.V. is not liable for any damage or theft that may occur after sale has taken place.
4e
The buyer is responsible for collecting merchandise immediately after the auction unless otherwise agreed.
4f
Should buyer not make payment in full within 28 days, VenduHuis de Jager Goes B.V. shall charge the Buyer an immediate claimable penalty of 40% of the highest underbid. VenduHuis de Jager Goes B.V. is also allowed to claim extra compensation, should real damages exceed the claimable pentalty.
4g
VenduHuis de Jager Goes B.V. may ship items at Buyers request and expense for a minimum handling fee of €25.00 in addition to all shipping charges. However, VenduHuis de Jager Goes B.V. is not responsible for any damage or loss of any items due to shipping.
Condition 6 Rights and Responsibilities VenduHuis de Jager Goes B.V.
VenduHuis de Jager Goes B.V. is entitled to the following rights:
6a
Reserves the right to refuse service to Consignors or Bidders without a statement of reason.
6b
Reserves the right to combine or split lots at their discretion.
6c
Has the right to choose not to sell any item or stop the auction or sale.
6d
Is allowed to rectify errors in administration or bidding process.
6e
Can place bids on behalf of bidders and/or consignors.
6f
In case of failure of full payment by the Buyer to VenduHuis De Jager Goes B.V., VenduHuis De Jager Goes B.V. is entitled to charge the lawful interest in addition to any collection charges incurred.
The amount of collection costs depends on the amount of the penalty.
For claims by VenduHuis De Jager Goes B.V. with a gain of up to and including an amount of:
€2,500 or less (with a minimum of €40.00) 15%
€2,500 - €5,000 tariff according to the bands + 10%
€5,000-€10,000 tariff according to the bands + 5%
€10,000-€200,000 tariff according to the bands + 1%
from €200,000 tariff according to the bands + 0.5%
Condition 7 Liability of VenduHuis de Jager Goes BV
7a
VenduHuis de Jager Goes B.V. is never liable for any damage to any items that may be caused due to the transport process, putting into stock, exhibition or storage. VenduHuis de Jager Goes B.V. is also never liable for damage as a result of fire, theft or weather conditions, etc.
7b
VenduHuis de Jager Goes B.V. is never liable for damage of any sort to paintings, frames, and all parts thereof, such as sheets of glass, matting etc.
7c
Under no circumstances will VenduHuis de Jager Goes B.V. be liable for company damages, consequential damages, damages to assets may it be either direct or indirect.
7d
VenduHuis de Jager Goes B.V. is not liable for personal injuries or accidents of any kind, to any person, in or near the buildings or premises. This includes, but not limited to when placing items on consignment, viewing of lots during exhibition, at time of auction, or upon collection of goods.
7e
People entering the property or premises, will do so at their own risk.
7f
Once item has been allocated, the Buyer is and remains responsible for the purchased item at all times. VenduHuis De Jager Goes B.V. is by no means responsible for any possible damages that may occur after allocation.
Condition 8
8a
These Terms and Conditions of Sale shall be governed and construed in accordance with Dutch Law only.
8b
1. When a dispute may arise between parties, the dispute shall be settled by means of 'Stichting DigiTrage' based in Utrecht.
2. The proceedure shall be processed via www.digitrage.nl in accordance with the process regulations of the 'Stichting DigiTrage'. The process regulations are published on the afore mentioned website. The buyer may also request the process regulations from the user of the Terms and Conditions. The process regulations are part of the binding contract between both parties.
3. Both parties have the right to chose to go to the courthouse up until the moment the case is in process at the 'Stichting DigiTrage'.
4. If the user of these Terms and Conditions submits a dispute to the 'Stichting DigiTrage', but the customer prefers a Civil Law Procedure, the customer must communicate this in writing within one calendar month after submission. This clause only applies to a client who is a private consumer.
