Flanders Auctions Terms & conditions
Antiques Belgium BV, in the capacity of Flanders Auctions, referred to as "The Auction House" informs all participating in the auction that the auction will be held under the general terms & conditions stated below. Everyone who participates in the auction fully accepts the terms & conditions set:
The public auction takes place at Flanders Auctions, 8750 Wingene, Beernemsteenweg 99, according to oral, written, telephone, or online bid, according to the usual Belgian law. The highest bidder is assigned as the buyer.
Every buyer is required to provide valid identification (any form of ID or passport) at the time of the auction or during the viewing days. Every new buyer must fully identify himself at least 48 hours before the auction. Traders must identify themselves by means of their VAT number upon receipt of the bid number.
Every buyer is due to settle the payment for their order within 10 days after the auction. Payment is always due before or during the pick-up of the goods.
Pursuant to (art 10.3) the Anti-Money Laundering law, amounts from € 3,000 may only be paid either with a bank check guaranteed by the financial institution (Belgian banks), with a debit/credit card or by bank transfer. We have an in-house terminal for card payments.
The in-house buyers' premium is 25% on the hammer price or more (see article 7 in case of online-live).
The goods are sold in the condition in which they are at the time of adjudication. The buyer is expected to have fully examined and verified the general condition of the goods and to have made his offer in full knowledge of the facts. All information provided by the auction house in writing or orally is informative and non-binding.
Due to error, inaccuracy, or omission in the description of the goods and works of art, as well as due to disturbance, nuisance, the condition of, repair and restoration of the goods and works of art, The buyer has no recourse against Flanders Auctions, the acting bailiff or the auctioneer due to error, inaccuracy or omission in the description of the goods and works of art, as well as due to disturbance, nuisance, the condition of, repair and restoration of the goods and works of art.,.
In case of damage to the exhibited goods during the viewing days, the visitor will be held liable. This client, in turn, should contact their insurance broker or attorney of law and notify them of the accident.
Belgian and foreign buyers who are not present, or are not represented at the auction, can bid:
1. With an absentee bid form, either handed over during the viewing days or sent by email at email@example.com. Absentee bids are declared admissible at least 48 hours before the auction starts.
2. Over the phone. Reserving a phone line is possible by handing over a document 'telephone bid’ during the viewing days or by sending an e-mail. The auction house cannot be held responsible for any bad telephone connections or inaccessibility of the buyer.
3. Online live. In this case, the auction house will charge the commission of its online partners Lot-tissimo (3%), Invaluable (5%), Live Auctioneers (5%), and EasyLiveAuctions (3% or 3£ fee) and Drouot Live (1.5%). He then pays 30%; 28% or 26.5% commission on the hammer price instead of 25%. The auction house cannot be held responsible for any bad internet connections and any consequences that may arise.
In the case of identical bids for a lot, the first absentee bid form received will be given priority over the forms received later. In case of an identical bid online-live, by telephone or a room bid, the absentee bid will receive priority.
The auction house cannot be held responsible for any misunderstanding over who is the high bidder.
In the event of a dispute during the auction, of whatever nature, only the acting bailiff is authorized to handle the disputes and make a decision, and this without possible recourse from the possible buyers.
The auction house is obliged to pay the author of the artwork of graphic or visual art an Artist Resale Royalty. This royalty is calculated on the hammer price if the hammer price is at least 2,000 euros. The amount of the resale right is calculated in instalments:
4% of the part of the sale price up to and including 50,000 euros;
3% of the portion of the sale price from EUR 50,000.01 up to and including EUR 200,000 euros;
1% of the portion of the sale price from EUR 200,000.01 up to and including EUR350,000; euros;
0.5% of the portion of the sale price from EUR 350,000.01 euros up to and including EUR 500,000; euros;
0.25% of the portion of the sale price above EUR 500,000.
The maximum resale right due is a total of EUR 12,500.
Once the adjudication has been made, the lots are the responsibility of the buyer. During the auction, No goods will be collected during the auction.
Each buyer is considered to act on his own account. He will not be able to rely on a client if he fails to pay for the good adjudged to him.
In case of non-payment of the goods, the buyer will be held responsible. According to Belgian law, the buyer at default will be held responsible for the negative difference, plus all expenses related. If the goods achieve a higher amount than the original hammer price, the defaulted buyer will not have rights to the positive difference and is still responsible for the auction costs of the first sale.
Transport and delivery: The auction house is not responsible for the transport, transport, shipping, or delivery of the purchased goods. Please check in advance with the auction house for any delivery information. The auction house can inform you about possible transporters in the region. Our website has a large list of potential shippers: https://www.flandersauctions.be/en/preferred-transport-partners/
In case of disputes, only the court of First Instance West Flanders, Bruges division has jurisdiction.
The auction house: Antiques Belgium BV, in the capacity of "Flanders Auctions"
The supplier: The person who delivers goods for the purpose of selling them in a public auction.
The buyer: the person to whom the lot was adjudicated.