Terms and Conditions
Terms & Conditions for the buyer
Article 1. Haynault Public Auctions is meant in the text that follows the Haynault SPRL (BE 0631.780.992), its managers, its staff and agents. These conditions apply to any public auction organized by Haynault Public Auctions. The buyer is supposed to accept them without reservation by the mere fact of its participation in the sale. Any deviation from these conditions is binding on Haynault Public Auctions only with written confirmation from him.
They are reproduced in any catalog and on the website www.haynault.be and are displayed in the auction room during the sales. They also announced by early extracts of sale.
Description of lots - exhibition
Article 2. The description of the items for sale included in the catalog should be considered as indicative only, the public is enabled to realize during prior exposure to nature and condition of the goods offered at auction . The website and the online catalog are also available as an indication, the French printed version of the catalog prevailing in case of divergence.
Regarding jewelry, colors and qualities of the stones are provided upon request for information, as the stones were not unset.
Anyone who purchases via Internet, phone or leaving a written purchase order, is to be able to examine the lot or lots, and can not challenge the purchase if the object or objects would be non-compliant. Photos and additional details can be requested before purchase.
Any damage to one or more lots included in the catalog, to other property or persons during deposition of the exhibition, sale or removal of goods will have to be compensated by the responsible. Haynault Public sales is not replacing the responsibilities of others.
Purchase orders
Article 3. The buyer who wishes may give orders to buy. In this case, the buyer shall send their purchase order in advance 2 hours at the latest before the auction start, provide proof of ID and communicate all information as may be requested by Haynault Public sales, which specifically reserves the right to request bank details. Haynault Public sales is not responsible for client errors in the indication of the lot to be acquired nor in the transcript of a purchase order written in non-legible way .... If two orders are on the same lot for the same amount, preference will be given to the order came first.
telephone bids
Article 4. The buyer who wants to can participate in the auction by telephone. In this case, the buyer will have to confirm his participation in the sale by letter, fax or email, provide identification and communicate all information as may be requested by Haynault Public sales which specifically reserves the right to request Bank references. Haynault Public sales is not responsible for client errors in the indication of the lot to be acquired or the phone number to call it, or the various problems telephone (phone busy, broken lines, mobile, etc. ...).
Auctions by internet
Article 5. The buyer who wishes may give orders to buy or participate in the auction via the Internet. In this case, the buyer must register 24 hours in advance, giving their identity and communicate all information as may be requested by Haynault Public sales, which specifically reserves the right to request bank details. Haynault Auctions reserves the right to accept or refuse the registration, and is not responsible for client errors in the indication of the lot to be acquired or the various technical problems of any kind.
Bidders will have to pay 5% excl. taxes (6,05% taxes incl.) on the hammer price and on the top of the buyer's premium for all bidders coming from Invaluable.
The sale
Article 6. The auction takes place with the buyer number, aloud or sign expressing unequivocal willingness to bid. Haynault Auctions reserves the right to refuse bids from non-registered buyers beforehand or made in bad faith. The usual bid amount is between 5 and 10% above the last auction, according to the following rule: up to 200 €, 10 € by between 200 and 500 €, for € 20, between 500 and 1000 €, 50 €, between 1000 and 2000 €, 100 €, etc. The auctioneer reserves the right to accept bids for half as much as it exceeds the amount of the high estimate.
Haynault Auctions reserves the right to split, collect or remove items without having to give reasons.
The lots will be awarded to the highest bidder. He will be obliged to pay the price of the auction the lot in cash, plus expenses and eventual resale right, as provided for in Article 8.
Immediate challenges when selling
Article 7. In the event of immediate challenge or adjudication error, the lot will be re-shouted. The bailiff instrumenting justice autonomously any dispute that may arise during the sale.
Fees and payment
Article 8. Ownership of the items sold will be transferred to the acquirer from the auction. Between the auction and delivery, Haynault Public sales will keep the property in good father.
Any buyer is deemed to have acted on his own behalf and held personally responsible lots it will have to acquire as agent. He will be personally liable for the payment of the price before removal.
Buyers are required to pay the hammer price plus 25% of costs (reduced to 20% for the portion of the sale price that exceeds the 25,000 euro in the case of higher individual award 25,000 euro) and this within 5 days of vacation. They are also required to pay the consequences of rights in works they hit (see Article 9).
The payment options are:
• payment in cash (with a maximum of 2,999 euros per contract note)
• Payment by debit cards - credit (Bancontact / Mister / Visa / Mastercard)
• payment by certified check
• bank transfer provided that the amount is credited to the account of Public sales Haynault when removing lots.
• Payment by foreign check (± 10 days of collection period, acceptance at the discretion of management)
In case of payment by uncertified check, the lots may be deferred until receipt.
All sales are subject to the special margin scheme, non-deductible value added tax. (Person EEC)
Right away
Article 9. The sale of some original works is subject to the resale right for the benefit of the author or his heirs, provided that it is not dead for over 70 years.
The resale right is perceived by Haynault Public sales and donated to organizations the perception of power (SABAM-SOFAM), as provided by law.
The resale right is calculated on the selling price excluding tax, provided that it amounts to at least € 2,000. The amount of the resale right is as follows:
· 4% for the portion of the sale price up to € 50,000
· 3% for the portion of the sale price of between € 50,000.01 and € 200,000
· 1% for the portion of the sale price of between € 200,000.01 and € 350,000
· 0.5% for the portion of the sale price of between € 350,000.01 and € 500,000
· 0.25% for the portion of the sale price exceeding € 500,000
However, the maximum amount of the resale right may not exceed € 12,500 per artwork (for resale).
Haynault Auctions makes every effort to be able to announce when selling the possible application of a law on a lot. The determination of the law enforcement response to a work can be complex, Haynault Public sales declines any responsibility for the subsequent determination to the sale of the application of the resale right. In this case, Haynault Public sales is under a legal obligation to reclaim the resale right to the buyer at the time of payment at the time of removal or even after removal, any purchaser expressly waiving any claims of some kind and irrevocably undertook to pay the law on first demand.
Default
Article 10. In case of batch failure to pay within 5 days, the purchaser will be liable, without prior notice, a penalty interest of 2% per month from the end of the removal period .
In addition, Haynault Public Auctions expressly reserves the right to, at its option and subject to all other rights and actions, after formal notice to his choice by letter, recommended, or email, or the following:
a- store lot, insure the expense of the purchaser and grant it only after full payment; b- judicially compel the buyer payment and / or to remove the lot, if necessary under pain of a fine; c- cancel the sale of the lot and possibly other lots acquired during the sale or previous sales; d- put the lot in public sale at the risk of the defaulting buyer, any deficit from the first sale being borne by the defaulting buyer, as well as costs related to resale, the defaulting buyer can not claim anything if bonus for resale; e keep any lot sold at the same auction or at previous sales until the total amount has been paid; f- sell any property that belongs to the buyer and would deposit Haynault Public Auctions, the amount so collected is used to pay the amounts owed by the buyer; g- refuse any further bid made by the defaulting buyer or on its behalf.
Withdrawal of lots and failure to withdraw
Article 11. Buyers will also take delivery of their purchases within 5 days of vacation,
On purchases paid but that can be withdrawn immediately and specifically the furniture Haynault Public Auctions may retain free them during a period of 10 days. In addition, it will be counted reserve development costs, in cases of abuse after the deadline, lack of buyer reaction, nuisance to the smooth functioning of operations, Haynault Public Auctions reserves the right law become objects and furniture in question, as provided for in Article 10.
Disputes - Court Jurisdiction
Article 12. No claim will be accepted after the final award, even if it relates to the description of the lots in the catalog.
All disputes which could lead the sale will be exclusively subject to the jurisdiction of the Brussels courts.
