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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:

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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. All disputes will be settled according to Belgian law.

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By making an offer, each bidder undertakes to purchase the goods put up for sale at the price he has offered. He has no recourse if the sale is discontinued for any reason. Adjudication will be made to the highest bidder, per lot.

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On top of the adjudication price, a commission of 25% or more (in case of online-live) will be added to the auction fees.

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Every buyer is required to provide complete and valid identification: Name, address, telephone number, and email address. Proof of a valid eID or a Passport is required. Traders must identify themselves by their VAT number upon receipt of the bid number. Associations or Businesses must provide us with a copy of their articles of association.

Every new buyer must fully identify himself before the auction, either during the viewing days, on our website www.flandersauctions.be or by e-mail.

The auction house has the right to refuse participation in the public auction if the bidder does not provide his complete identification.

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Depending on the item or the estimated value of the item, the auction house has the right to ask for a deposit to participate in the auction. Every deposit will be subtracted from the invoice, or refunded if the items have not been won. The deposit will be refunded within 48 hours after the auction. The deposit will count as collateral towards an unpaid invoice.

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The auction will be held by bidding, in the value used by the auction house. Bids at Flanders Auctions will be held in ‘EURO’ according to a specific set of bid steps. The estimated rise for the bid step is approximately 10 %.

For example, if the current bid is €1000,00, the next possible bid will be €1,100.00; €1,200.00; €1,300.00. It is possible to offer a price which differs from this bidding step to the auctioneer. He has the right to accept or decline the offer. When accepted, the other bidding party will be given the same different bidding step.

The auction house will use the following bidding steps:

€0 t.e.m. € 199: + €10

€200 t.e.m. €399: + €20

€400 t.e.m. €999: + €50

€1000 t.e.m. €1999: + €100

€2000 t.e.m. €3999: + €200

€4000 t.e.m. €9999: + €500

€10 000 t.e.m. €20 000: + € 1000

€20 000…

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Belgian and foreign buyers who cannot be present, or cannot be represented at the auction, can bid:

A.    Absentee Bid Form

a.     Physical ‘Absentee bid form’ handed during the viewing days.

b.    Sent by e-mail to info@flandersauctions.be

c.     On the website of the auction house: www.flandersauctions.be

B.    2. Telephone bidding

a.     Physical ‘Telephone order form’ handed during the viewing days.

b.    Sent by e-mail to info@flandersauctions.be

c.     On the website of the auction house: www.flandersauctions.be

The auction house cannot be held responsible for bad telephone lines, bad connections or an unreachable bidder.

C.    Online live. In this case, the auction house will charge the commission of its online partners:

a.      Lot-Tissimo (3%)

b.    Invaluable (5%)

c.     Live Auctioneers (5%)

d.    Drouot Live (1.5%).

The buyer will receive an invoice with an added commission: 26,5% (25 % + 1,5 %), 28% (25 % + 3 %) or 30% (25 % + 5%) on the adjudication price instead of 25%.

The auction house cannot be held responsible for all problems that arise from bad internet connections.

To participate in the online-live auction, the bidder must complete the registration and ‘register to bid for the auction on our online-live partner’s website(s). The auction house can approve or decline your registration based on the historical account information provided by the platform.

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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 online-live, telephone or room bid, the absentee bid will receive priority.

In case of discussions about who is the highest bidder, the acting bailiff will decide.

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The total amount due consists of the following factors:

·       The adjudication price

·       The auction fee (25%)

·       The commission for the online partner.

·       Resale rights, if applicable.

·       Banking costs or taxes.

·       The sum will be reduced by any deposit sent before the auction to participate.

The auction house will accept the following way of payment:

·       Cash (until €3,000.00, see paragraph 10)

·       Bank Transfer

·       A Cheque/Check guaranteed by a financial institution (Belgian Banks)

·       Debit cards

·       Credit cards

For credit card payments outside of the European Union, a supplementary charge of 3% will be added to the invoice. This charge will be added to the total amount due and is applicable to all charges.

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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 the Belgian law “18 SEPTEMBER 2017. — Wet tot voorkoming van het witwassen van geld en de financiering van terrorisme en tot beperking van het gebruik van contanten.” (Boek III, Art. 67, Paragraaf 2.), amounts starting at € 3,000 may only be paid either with a bank Cheque/Check guaranteed by the financial institution (Belgian banks), with a debit/credit card or by bank transfer.

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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.

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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. The lowest estimation price will be held as the base for the payouts to the consignor, increased with the auction commission (25%) and all additional costs.

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In the event of a dispute during the auction, of whatever nature, only the acting bailiff is authorized to handle the disputes and decide, and this without possible recourse from the possible buyers.

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The Auction House is obliged to register the resale of artworks of graphic or visual art on the unique platform: www.resaleright.be. The auction house will collect and forward the resale rights due. This Resale Right is calculated on the adjudication price if the adjudication price is at least 2,000 euros and if the artist has deceased within 70 years.

The amount of the resale right is calculated in instalments:

·       4% of the sale price up to and including 50,000 euros;

·       3% of the sale price from €50,000.01 up to and including €200,000.00;

·       1% of the sale price from €200,000.01 up to and including €350,000.00;

·       0.5% of the sale price from €350,000.01 up to and including €500,000.00;

·       0.25% of the portion of the sale price above €500,000.01.

The maximum resale right due is limited to a total of €12,500.

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Once the adjudication has been made, the lots are the responsibility of the buyer. The goods will remain in the auction house and can be collected starting the first day after the auction has ended. The auction house cannot be held liable for any loss, theft or fire occurring in the auction house once the items are under the buyer's responsibility.

During the auction, no goods will be collected.

Pick-ups are due within 30 calendar days after the auction has ended. If the goods remain in the auction house longer than 30 calendar days, the auction house has the right to charge a storage fee of €5 per day per lot, excluding 21% VAT. This fee has to be paid before the pick-up of the goods.

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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(s) adjudged to him.

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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.

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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/

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In case of disputes, only the court of First Instance West Flanders, Bruges division has jurisdiction.

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These terms and conditions have been translated from the original Dutch copy. The Dutch copy will always be used as the basis for any disputes. The auction house cannot be held responsible for translating errors or misunderstandings.

 

Last revision: 25/08/2022


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