Conditions of Sale
A. Buyer Conditions
Mr. J.P.T.G. Dohmen, director of the private company with limited liability Venduehuis Dickhaut BV, also the auctioneer, informs all those who take part in the auction, that the auction is held under the following conditions and that everyone who participates in the auction informs them that he / she fully accepts the applicability of these conditions. Venduehuis Dickhaut BV is also referred to in these conditions as an auctioneer.
Venduehuis Dickhaut BV acts as mediator for the contributor/seller. The purchase agreement is concluded directly between the contributor/seller and buyer.Venduehuis Dickhaut hereby informs all those who participate in the auction, that the auction will be held in accordance with the following conditions, and that any person participating in the auction, in doing so indicates that he/she fully accepts the validity of these conditions.
The auction takes place through a bidding procedure led by the aforementioned auctioneer. Consumers and companies can participate in this auction. The participants can place their bids both online and in person at the premises of auction house Venduehuis Dickhaut BV, Bredestraat 23-23A, Maastricht, in the presence of the auctioneer. The winning bidders commit themselves to purchase and pay for the goods. Not only can the bids be made at the Venduehuis Dickhaut also items put up for auction can be viewed, studied and examined during the viewing days at the Venduehuis Dickhaut or at another time after agreement with the Venduehuis. On the basis of the above, a purchase agreement with Venduehuis Dickhaut does not involve a purchase at a distance.
Article 1.
The sale takes place on a cash basis with a mark-up of 27 %, on the price offered, which is to be paid together with the purchase price at the location of the auction at the Venduehuis Dickhaut, Bredestraat 23, in Maastricht, to be handed over upon receiving a receipt of purchase, in legal Dutch tender, without rebate or withholding.
Article 2.
All goods are sold at the buyer's risk and all sales are final, with the goods being sold 'as is', in the condition they are in at the time that they are auctioned.
Article 3.
3.1. Descriptions in the catalogue and all information provided, whether in writing or by word of mouth, are considered to have been given to the best knowledge and knowing of Venduehuis Dickhaut, and can never lead to a claim on Venduehuis Dickhaut or a diminishing in any way of the obligation of the buyer to take receipt of the goods and make payment. The buyer has the opportunity, on the viewing days, to obtain the necessary information with regard to the nature and the condition of the goods to be sold.
3.2. the buyer must, prior to the purchase, inspect the condition and description of an item in the catalogue to his/her own satisfaction and have it inspected accurately and professinally during the viewing days and form his own judgment about the extent to which the item corresponds to its description and the buyer should, where reasonable necessary or desired, seek independent advice from experts, while the buyer should not rely on illustrations on the catalogue. The absence of any reference to the condition of a lot in the catalogue does not mean that the object is in good condition or free from damage, defects or restorations.
3.3. The auctioneer can not be held liable for the correctness of the description in the catalogue or made known in any other way, of dimensions and of materials such as for example types of wood, paints, fabrics, alloys, earthenware, porcelain and diamond, all with the exception of precious metals.
3.4. Unless explicitly excluded for certain items in the catalogue -without prejudice to articles 2 and 3 (1-3), the auctioneer is prepared to take back an auctioned item and refund the purchase price and auction costs of the buyer proves to the satisfaction of the auctioneer and within a period of three weeks after the conclusion of an auction sale that the auctioned good(s) exhibits such serious hidden defects - or the description is so incorrect - that if these defects were known to the buyer at the time of the purchase he or she would have only bought the good(s) at a considerably lower price. This does not apply if the defects only concern the condition of the object (such as wear, aging, discolouration and restorations).
3.5. The willingness to take back also expires if the buyer can not return the auctioned item in the same condition as it was when it was allocated, at the discretion of the auctioneer.
3.6. Furthermore, the willingness to take back expires if the buyer discovers a defect in the purchased items and another non-conformity when collecting aforesaid item and he or she takes possession of this item and keeps it in his or her possession despite of the observation of the defect or non-conformity.
Article 4.
In disregard of the provisions in articles 2 and 3, Venduehuis Dickhaut is prepared to take back an article that was auctioned and at the same time return the purchase price and the mark-up, if the buyer, within a period of three weeks after the sale, proves to the satisfaction of Venduehuis Dickhaut that the description provided is so incorrect that, if the buyer had been aware of the correct description, he/she would not have made the purchase or would only have made the purchase for a considerably lower price. Venduehuis Dickhaut is not willing to take back goods if the description in the catalogue was retracted during the auction and the correct description was given to the public by word of mouth. This willingness is also not present if and insofar as the buyer is not able to return the auctioned object in the same condition that it was in when auctioned off.
If a buyer makes a claim based on article 4 of these conditions, it will be limited to the sum that was originally paid for the object and it will not be increased with any loss or damage incurred by the buyer or with any costs incurred by the buyer.
Article 5.
Next to each lot number two prices are listed. These are global target prices and are meant to serve potential bidders as a guideline.
Article 6.
Immediately after an object is assigned to a bidder, the buyer becomes liable for all costs and risks with regard to the object, and no claims can be made on Venduehuis Dickhaut.
Article 7.
Venduehuis Dickhaut has the right, after assigning any object purchased to the buyer, to immediately request partial or complete payment: In the event of non-payment or late payment of the aforementioned payment, the purchase maub be dissolved - extrajudicially- by means of a written statement and the goods may be auctioned once again and the bid of the negligent bidder may not be resumed.
Article 8.
The buyer is obligated to take receipt of the goods purchased within the dates mentoined on the catalogue page, 'collecting of goods'.
Article 9.
If the buyer does not make timely payment, Venduehuis Dickhaut will charge the buyer 1.5 % interest per month, which interest will be calculated from the date the goods were assigned to the date of payment. In addition, the buyer who is in default will be liable for all legal and non-legal costs.
Article 10.
The buyer is assumed to be purchasing on his/her own account and therefore can not claim to be acting on the orders of a third party.
Article 11.
If the goods purchased are not picked up within the period specified in article 8, the buyer will be considered to be in default as a result, and Venduehuis Dickhaut will have the right, without any further proof of default, to consider the purchase null and void. Venduehuis Dickhaut the has the right to sell in public or private, immediately or at a later date, the goods that are not picked up. However, the buyer who is in default remains liable for a decrease in the revenue received and for the selling costs, whereas buyer can make no claim with regard to any increase in revenues received.
Article 12.
If differences of opinion arise between two or more bidders, Venduehuis Dickhaut has absolute authority to make decisions. Venduehuis Dickhaut has the right to amend mistakes and to refuse any bid, without providing reasons, and to immediately auction the object once again under retention of all rights.
Article 13.
Venduehuis Dickhaut reserves the right to change the order in which the objects are auctioned and to combine or split up numbers or to not auction numbers.
Article 14.
Written orders are accepted and implemented without cost. Venduehuis Dickhaut will try to purchase the lot number at the lowest price possible for the bidder in writing. However, Venduehuis Dickhaut accepts no liability in this respect for mistakes and omissions committed in good faith.
Article 15.
The buyer can never claim ignorance of the conditions governing the auction.
Article 16.
Should the website of Venduehuis Dickhaut, due to technical problems for which the auction house is not responsible, be inaccessible or almost inaccessible during the last 24 hours of the auction, Venduehuis Dickhaut may decide to postpone the closing of the auction for 24 hours.
Article 17.
The buyer is expected to be acquainted with the Artist Resale Right which became effective in April 2006. The Artist Resale Right applies when the artist is still alive, a national of the EU, and the hammer amount (including a mark-up of 27%) is equal to or exceeds € 2.400. This money will be deposited in the bank account of the artist in question.
Article 18
The buyer is deemed to be familiar with our privacy statement. This can be found on our website. This privacy statement is part of our AVG complicancy. The AVG is European legislation and has been in force since 25 May 2018. The buyer is deemed to be familiar with the consumer rights.
B. Seller Conditions
Article 1
The seller shall instruct the auctioneer to examine, valuate and take care of the mediation of the sale of the movable goods received. The receipt of movable property does not oblige the auctioneer to mediate or auction them for sale. If the auctioneer does not wish to mediate the goods for sale or does not want to bring them into the auction, he will inform the seller of this within four weeks. The auctioneer has the right to determine in which of his auctions an item will be sold.
Article 2
In case of sale, the commission due to the auctioneer amounts to 16%, and € 2.50 administration costs as stated on the consignment contract, of the sum for which the sale has been sold.
Article 3
The inclusion of moveable property in an auction or the exclusion thereof, as well as any communication regarding a good in the auction catalog or in a brochure of forthcoming sales, is exclusively at the discretion of the auctioneer, who is entitled to consult experts without accepting responsibility, as well as with respect to any advice given on moveable property or its sale. The seller fully indemnifies the auctioneer against any claim relating to or in connection with the moveable property and the sale thereof.
Article 4
The seller authorizes the auctioneer to sell all movable goods or a few items at auction under conditions that are determined by the auctioneer. The auctioneer sets a reserve/minimum price that the seller agrees with in advance. The seller may not place bids on his own entry, unless expressly agreed otherwise.
Article 5
The seller declares to agree that the auctioneer has declared himself willing to take back auctioned movable goods against simultaneous refund of purchase price and premium, if the buyer proves to the satisfaction of the seller within a period of four weeks after sale that the description provided is so incorrect that if the correct description had been known to the buyer, he would have renounced the purchase or would have bought it only at a considerably lower price. The seller irrevocably authorizes the auctioneer to, in the exclusive opinion of the auctioneer, be applicable to those circumstances, to cancel the sale against refund of purchase price and premium. The purchase of the purchase is subject to the good or movable property as unsold within the meaning of article 7 of these conditions.
Article 6.
The auctioneer pays to the seller the proceeds of the sale minus all the costs to be borne, such as costs for restoration, repair, guarantee, transport costs and any other costs agreed in advance, provided he has received the purchase price in full from the buyer and the buyer has not invoked dissolution of the sale in the sense of article 5 of these conditions, which appeal to dissolution by the auction holder is recognized, or if no dissolution of the sale within the meaning of article 7 of these conditions has occurred.
Only when the auctioneer has received the full purchase price and possible storage costs from the buyer, payment will take place within 30 working days after the sale, unless a message as referred to in article 5 of these conditions has been received from the buyer or a dissolution of the sale within the meaning of article 7 of these conditions have taken place. If the payment is made later by the buyer, the auctioneer is entitled to suspend payment to the contributor.
The auctioneer is entitled to recover the purchase price paid to the seller, as well as all other damages incurred by the seller as a result of this judicial dissolution, after the decision of the seller has been dissolved in the event of res judicata, as well as all other damages suffered by the auctioneer. to claim legal costs and interest from the seller, insofar as this judicial dissolution of a sale is due to incorrect announcements or statements by the seller or other acts or omissions due to the seller, one another in the exclusive opinion of the auctioneer.
Article 7.
The auctioneer is also irrevocably authorized after the sale by exceeding the payment term by the buyer, to dissolve the purchase on behalf of the seller. The then unsold movable property may possibly be sold again at a subsequent auction. As a selling price on the basis of which the seller will be settled in the sense of article 6 of these conditions, the price realized in the sale in re-auction in the sense of this article. On the sale in re-auction the stipulated in these reception conditions is fully applicable again. The seller explicitly recognizes the right of the auctioneer to pay his damage and costs to the buyer who exceeds the payment term, or to proceed with the dissolution of the purchase, or to demand fulfillment from the buyer before, if this claim does not succeed , yet to dissolve the purchase within the meaning of this article.
Article 8.
All movable goods received by the auction holder are insured for a value that is appropriate to the exclusive judgment of the auctioneer against fire and burglary as long as they are in his / her auction building or in another storage location chosen by him / her. The seller is entitled to demand a receipt for the movable goods received by the auctioneer.
Article 9.
The auctioneer is entitled to take measures for storage with third parties of movable goods.
Article 10.
Instructions for the destination of used packaging material must be given within seven days after receipt of the movable goods, as otherwise they will have to be destroyed due to lack of storage space.
Article 11.
Movable property which has been sent or issued to the auctioneer and not accepted and stored by the auctioneer for sale must be collected by the contributor by the contributor within 7 days after written and / or telephone notification from the auctioneer. For goods that have not been collected after this date, an amount of € 2.50 per day will be charged for storage costs, with a minimum of € 25 (excluding VAT).
Article 12.
If a good has been offered for auction once, it can not be repossessed except after payment of 30% or less in the exclusive opinion of the auctioneer of the agreed limit price or, if no limit price has been agreed, of the price for which the auctioneer values the movable property, increased with any costs incurred. In the event that an entry gives rise to a dispute, the costs of legal assistance from Venduehuis Dickhaut B.V. to be reimbursed. If the seller is not satisfied with this valuation, re-assessment, for his costs, can take place by three appraisers or brokers certified in the field of the movable property, one of whom is appointed by the auctioneer, one by the seller and the third by the two already appointed appraisers. In case of deviating value after re-assessment, this deviating value will apply for this article.
Article 13.
If the auctioneer is instructed to vacate a house altogether, he / she reserves the right to exclude movable property from eviction and / or movable property that is / are, in his opinion, not suitable for the auction of Art and Antiques, after consultation with the contributor, to be introduced in the Inlaundry auction, without limit prices.
Article 14.
Deviation from the reception conditions is only possible if and in so far as it is expressly accepted in writing by the auctioneer.
Article 15.
The contributor is deemed to be familiar with our privacy statement. This can be found on our website. This privacy statement is part of our AVG complicancy. The AVG is European legislation and has been in force since 25 May 2018.
Article 16.
The dates and times on which purchases can be collected are always stated on this website on the first page of the catalogue, and in the e-mail with the invoice which is sent after the closing of the auction.
The sale takes place on a cash basis with a mark-up of 27 %, which is to be paid together with the purchase price at the location of the auction at the Venduehuis Dickhaut, Bredestraat 23, in Maastricht, to be handed over upon receiving a receipt of purchase, in legal Dutch tender, without rebate or withholding.
All goods are sold at the buyer's risk and all sales are final, with the goods being sold 'as is', in the condition they are in at the time that they are auctioned.
Descriptions in the catalogue and all information provided, whether in writing or by word of mouth, are considered to have been given to the best knowledge and knowing of Venduehuis Dickhaut, and can never lead to a claim on Venduehuis Dickhaut or a diminishing in any way of the obligation of the buyer to take receipt of the goods and make payment. The buyer has the opportunity, on the viewing days, to obtain the necessary information with regard to the nature and the condition of the goods to be sold.
In disregard of the provisions in articles 2 and 3, Venduehuis Dickhaut is prepared to take back an article that was auctioned and at the same time return the purchase price and the mark-up, if the buyer, within a period of three weeks after the sale, proves to the satisfaction of Venduehuis Dickhaut that the description provided is so incorrect that, if the buyer had been aware of the correct description, he/she would not have made the purchase or would only have made the purchase for a considerably lower price. Venduehuis Dickhaut is not willing to take back goods if the description in the catalogue was retracted during the auction and the correct description was given to the public by word of mouth. This willingness is also not present if and insofar as the buyer is not able to return the auctioned object in the same condition that it was in when auctioned off.
If a buyer makes a claim based on article 4 of these conditions, it will be limited to the sum that was originally paid for the object and it will not be increased with any loss or damage incurred by the buyer or with any costs incurred by the buyer.
Next to each lot number two prices are listed. These are global target prices and are meant to serve potential bidders as a guideline.
Immediately after an object is assigned to a bidder, the buyer becomes liable for all costs and risks with regard to the object, and no claims can be made on Venduehuis Dickhaut.
Venduehuis Dickhaut has the right, after assigning any object purchased to the buyer, to immediately request partial or complete payment. If the buyer refuses, the object will be immediately auctioned once again and any bid by the buyer who was in default will no longer be accepted.
The buyer is obligated to take receipt of the goods purchased within the dates mentoined on the catalogue page, 'collecting of goods'.
If the buyer does not make timely payment, Venduehuis Dickhaut will charge the buyer 1.5 % interest per month, which interest will be calculated from the date the goods were assigned to the date of payment. In addition, the buyer who is in default will be liable for all legal and non-legal costs.
The buyer is assumed to be purchasing on his/her own account and therefore can not claim to be acting on the orders of a third party.
If the goods purchased are not picked up within the period specified in article 8, the buyer will be considered to be in default as a result, and Venduehuis Dickhaut will have the right, without any further proof of default, to consider the purchase null and void. Venduehuis Dickhaut the has the right to sell in public or private, immediately or at a later date, the goods that are not picked up. However, the buyer who is in default remains liable for a decrease in the revenue received and for the selling costs, whereas buyer can make no claim with regard to any increase in revenues received.
If differences of opinion arise between two or more bidders, Venduehuis Dickhaut has absolute authority to make decisions. Venduehuis Dickhaut has the right to amend mistakes and to refuse any bid, without providing reasons, and to immediately auction the object once again under retention of all rights.
Venduehuis Dickhaut reserves the right to change the order in which the objects are auctioned and to combine or split up numbers or to not auction numbers.
Written orders are accepted and implemented without cost. Venduehuis Dickhaut will try to purchase the lot number at the lowest price possible for the bidder in writing. However, Venduehuis Dickhaut accepts no liability in this respect for mistakes and omissions committed in good faith.
The buyer can never claim ignorance of the conditions governing the auction.
Should the website of Venduehuis Dickhaut, due to technical problems for which the auction house is not responsible, be inaccessible or almost inaccessible during the last 24 hours of the auction, Venduehuis Dickhaut may decide to postpone the closing of the auction for 24 hours.
The buyer is expected to be acquainted with the Artist Resale Right which became effective in April 2006. The Artist Resale Right applies when the artist is still alive, a national of the EU, and the hammer amount (including a mark-up of 27%) is equal to or exceeds € 2.400. This money will be deposited in the bank account of the artist in question.
Article 18
The buyer is deemed to be familiar with our privacy statement. This can be found on our website. This privacy statement is part of our AVG complicancy. The AVG is European legislation and has been in force since 25 May 2018.
Buying at Venduehuis Dickhaut
Internet Art and Antiques Auction
Venduehuis Dickhaut organizes Art and Antiques Auctions over the internet. In these auctions, one can leave a bid from the first to the last day of the auction over the Internet. The open days are free and accessible to everyone, including those who do not search for something specific but just come and enjoy the beautiful pieces and the atmosphere during these days. In the hall almost all members of Venduehuis Dickhaut are present. They will gladly explain, assist and answer questions about the auction and its lots. The pieces are sold in the condition in which they are on the viewing days, so it is advisable to visit these days. For specific information about the way the Internet auction works please read the information on our website under the heading 'Internet Auction'.
Catalogue
The auction catalogue will be published on this website. A picture and full description of each lot is available. A reserve price is stated for each lot, this of course only suits as a guide, the final price may be lower or higher. On our website you can also read the auction conditions which apply to all buyers.
Condition reports
We understand Maastricht is not close by. Those who have no opportunity to visit our auction can request condition reports. Venduehuis Dickhaut then gives to the best knowledge and belief an impression of the condition of the piece. Please note that this is a subjective judgment. You can request condition reports by sending an email to info@veilingmaastricht.nl.
Removal of purchased goods
Goods purchased in the Internet auction must be paid within five working days after the auction and to be picked up. The premium amounts to 27%. Because the purchases at Venduehuis Dickhaut are made under the margin scheme the VAT which is not refundable. Purchases can be taken immediately after paying cash. Unfortunately, paying with a debit or credit card is not possible. For larger items we can advise you on the transport of goods.
Results on the Internet
The results of the Internet auctions are available on the website. Because of the large crowds after the auction, it is not possible to provide results by telephone.
More information
We hope to welcome you on one of our open days!
If you have any questions, please do not hesitate to get in touch with one of our staff members: tel 043-3213095 or email info@veilingmaastricht.nl .
Margin sheme
The buyer is expected to be acquainted with the Artist Resale Right which became effective in April 2006. The Artist Resale Right applies when the artist is still alive, a national of the EU, and the hammer amount (including a mark-up of 27%) is equal to or exceeds € 2.400. This money will be deposited in the bank account of the artist in question. Please note in January 2012 the Artist Resale Right also applies to works created by artists ho have been dead for less than 70 years.
