Article 1 Applicability 

1.1 

These general terms and conditions apply to all parts of the relationship between the auctioneer and the consignor/seller, hereinafter referred to as "consignor," including those relating to purchase, sale, brokerage, appraisal, valuation, appraisals, cataloguing, safekeeping and other services, unless expressly agreed otherwise. 

1.2 

Deviation from these terms and conditions is possible only if and to the extent expressly accepted in writing by the auctioneer. 

Article 2 assignment agreement 

2.1 

The contributor instructs the auctioneer to examine, value and sell for auction the movable property (hereinafter also referred to as "objects") contributed by him and received by the auctioneer. The contract is concluded by acceptance of the oral or written assignment by the auctioneer. 

2.2 

The contributor authorizes the auctioneer to sell in the auctioneer's name the objects whether all or some of them are sold under auction conditions to be determined by the auctioneer. The offeror may agree a minimum price (limit) in consultation with the auctioneer. 

2.3 

The receipt of objects, however, does not oblige the auctioneer to sell them or put them up for auction. If the auctioneer does not wish to sell the objects or put them up for auction, he will notify the contributor within four weeks after such determination is made, which will be no later than six months after the order is made. 

Article 3 rights and obligations of contributor 

3.1 

The entrant must identify himself at the first request of the auctioneer. 

3.2 

The contributor guarantees that he is entitled as owner or otherwise to offer the objects for auction and indemnifies the auctioneer against all claims of third parties in this regard. 

3.3 

At the auctioneer's first request, the contributor is obliged to provide information regarding the origin of the objects to the auctioneer with supporting evidence. The offeror is liable for damages resulting from the provision of incorrect or misleading information and/or from other circumstances attributable to the offeror and indemnifies the auctioneer against all claims of third parties in this regard. 

3.4 

The contributor declares that the sale at auction of the objects is not hampered by national or international legal provisions. 

3.5 

Contributors are not permitted to bid on the items they have contributed unless otherwise agreed in writing with the auctioneer. 

3.6 

The rights and obligations under these general terms and conditions belong exclusively to the contributor and cannot be transferred by the contributor to third parties. 

Article 4 rights auctioneer 

4.1 

The inclusion or exclusion of objects in an auction, as well as any communication relating to an object in the auction catalog, via the Internet or on the auctioneer's website or in a brochure, is at the sole discretion of the auctioneer, who is entitled to consult experts without accepting any responsibility in this regard. 

4.2 

The auctioneer assumes no liability to the entrant with respect to any advice given by or on behalf of the auctioneer regarding the items. 

4.3 

The auctioneer has the right to determine in which of its auctions an item will be offered for sale. 

4.4 

If the auctioneer is ordered to totally vacate a home or storage, he reserves the right to exclude items from clearance and also to destroy or dispose of those items that he deems unsuitable for auction, or possibly monetize them in other ways. 

4.5 Proposer declares that the auctioneer has the right to photograph, illustrate or otherwise depict and portray (or cause to be portrayed) all objects offered for sale in any manner, both before and after the auction, taking into account applicable legal provisions. The auctioneer retains the copyright to all such images. 

Article 5 readmission by contributor 

5.1 Once an object is offered for auction, it cannot be taken back by the offeror except upon payment of 45% or less, if the auctioneer deems it reasonable, of the agreed limit or, if no limit is agreed, of the expected auction proceeds for which the auctioneer appraises the object, plus any expenses incurred as well as VAT. 

5.2 

If the offeror is not satisfied with the valuation referred to in paragraph 1, he may have a revaluation carried out, at his own expense, by three Registered Appraisers or Registered Broker Appraisers or certified appraisers or brokers admitted in the field of the object, one of whom shall be appointed by the auctioneer, one by the offeror and the third by the two appraisers already appointed. In case of deviating value after reappraisal, this deviating value shall be binding on the auctioneer and contributor for the purposes of this article. 

Article 6 commission 

6.1 In the event that the objects are sold at auction, the commission payable to the auctioneer shall be a pre-agreed percentage of the sum for which was sold (the "hammer price") plus any applicable VAT. 

Article 7 take-back obligation of auctioneer 

7.1 

The submitter is aware that the auctioneer has declared himself willing to the following in his terms and conditions of sale, being the general terms and conditions applicable at the purchase at auction of movable property between the auctioneer and the buyer: "Unless expressly excluded for certain objects in the catalog, the auctioneer is - except for a number of cases mentioned in the general terms and conditions applicable at the purchase at auction of movable property - prepared to take back auctioned objects against simultaneous restitution of the purchase price and auction costs charged, if, within a period of six weeks after the sale, the buyer proves to the satisfaction of the auctioneer that the auctioned object has such serious hidden defects or the description provided is so incorrect that if these defects or the correct description had been known to the buyer at the time of allotment, he would have refrained from buying or would have bought only at a substantially lower price." 

7.2 

The offeror irrevocably authorizes the auctioneer, in the event that, in the auctioneer's sole judgment, those circumstances apply, to rescind the sale against refund of purchase price and auction costs. By the dissolution of the sale, the object(s) shall be deemed unsold within the meaning of Article 11 of these Terms and Conditions. 

Article 8 payment to contributor 

8.1 

The auctioneer shall pay to the offeror the proceeds of the sale less all costs and charges to be borne by the offeror, such as transportation costs, restoration costs, commissions, inspection costs, any insurance costs and any other costs agreed upon in advance as well as VAT, hereinafter referred to as: "compensation", provided that the auctioneer has received the purchase price in full from the buyer and no appeal has been made by the buyer to the auctioneer's take-back obligation within the meaning of article 7 of these general terms and conditions, which appeal has been recognized by the auctioneer and no rescission or annulment of the sale within the meaning of article 9 of these terms and conditions has taken place. 

8.2 

Payment of the fee shall normally be made within six weeks of the sale, unless a notice referred to in Article 7 of these terms and conditions has been received from the buyer or a rescission or annulment of the sale under Article 9 of these terms and conditions has occurred. 

8.3 

An appeal to the so-called margin scheme can only be made if prior to the auction all applicable regulations have been complied with, among other things with regard to the purchase declaration. This is at the sole discretion of the auctioneer. 

Article 9 consequences of dissolution by buyer 

9.1 

In the event there is a repossession as referred to in article 7 of these terms and conditions or the contract of sale with the buyer is dissolved or annulled for other reasons, regardless of when this occurs, the auctioneer shall be entitled to reclaim any amount or compensation already paid to the contributor in this regard, as well as all other damages and costs incurred by the auctioneer as a result of such dissolution, including interest and extrajudicial and judicial costs. 

Article 10 consequences of dissolution by auctioneer 

10.1 

The offeror is aware that the auctioneer has reserved the right, in its terms and conditions of sale, [being the general terms and conditions applicable to the purchase in auction of movable property between the auctioneer and the buyer,] to rescind the contract of sale, if the buyer exceeds the term of payment or fails to collect the objects on time. If the auctioneer cancels the purchase contract for this reason, he is entitled to re-auction the object(s) in question or to cancel the contract of assignment. He will notify the consignee of the latter within 90 days of the dissolution of the purchase agreement. 

10.2 

The offeror expressly acknowledges the auctioneer's right to recover its damages and costs from the buyer in the event a situation referred to in paragraph 1 occurs. The offeror also acknowledges the auctioneer's right, at his own option, to claim performance from the buyer who exceeds a term of payment, or to proceed to dissolve the sale, or first to claim performance from the buyer and then, if this claim fails, to proceed to dissolve the sale. 

Article 11 unsold items 

11.1 

The auctioneer is irrevocably authorized but never obliged to resell unsold objects at a subsequent auction, hereinafter referred to as "reauction", or to sell them during a period of ten working days after the auction. This, however, only if that sale after the auction ("aftersale") can take place for a price that results in an amount that is at least equal to the sale price less all costs borne by the offeror, to which the offeror would have been entitled if the object at the auction had been sold for the applicable limit for that auction, unless a lower limit for the purpose of the aftersale is agreed with the offeror for the unsold object. 

11.2 

In the event of such a sale after the auction, the rights and obligations of submitter and auctioneer under these general terms and conditions shall remain in full force and effect as they would have been in the event of sale of the object at auction. 

11.3 

The provisions of these general terms and conditions again apply in full to the sale in re-auction or aftersale. If objects remain unsold - irrespective of the reasons for this - the auctioneer is entitled to charge reasonable (withdrawal) costs, including the costs mentioned in article 8.1. 

Article 12 transportation/storage/insurance items 

12.1 

All packaging materials relating to items submitted for sale may be disposed of or destroyed by the auctioneer unless otherwise expressly agreed by the auctioneer with the submitter. 

12.2 

All objects received by the auctioneer shall be insured for the value according to receipt or for a value appropriate in the auctioneer's sole judgment against fire, theft, loss and damage as long as they are in his auction building or in any other storage place chosen by him. The consignor shall be entitled to demand a receipt for the objects received by the auctioneer showing the value of the objects upon receipt in the auctioneer's preliminary opinion. The consignor may waive insurance. 

12.3 

The auctioneer is entitled to take measures for storage with third parties of objects submitted or surrendered and to charge the cost thereof to consignor. 

12.4 

Objects sent or delivered to the auctioneer and not accepted for sale by the auctioneer and not held in safekeeping will be returned to the sender at his expense and risk. 

Article 13 liability auctioneer 

13.1 

The auctioneer is never liable for damage caused to picture frames, other frames and everything that forms part of them such as glass plates, passe-partouts, etc. 

13.2 

Under no circumstances shall the auctioneer be liable for corporate, consequential, property and/or indirect damages. 

13.3 

The auctioneer is furthermore never liable for any accident or any form of damage suffered by anyone in or near the buildings or grounds where there is opportunity to bring in, store or view, where the auction takes place or where the goods sold are collected, except in the event that the damage is caused by intent or deliberate recklessness on the part of the auctioneer and/or auxiliary persons or members of staff engaged by him and/or except insofar as covered by an insurance policy of the auctioneer. 

13.4 

Entering the buildings or grounds is at your own risk. 

Article 14 miscellaneous 

14.1 

Nullity, annulment or non-binding of one of the provisions of these general terms and conditions shall not affect the validity of the remaining provisions. In the event that one or more provisions are null, void or non-binding, the submitter and the auctioneer shall agree on substitute provisions that are valid and that most closely approximate the content and scope of the provision(s) that are null, void or non-binding. 

14.2 

These general terms and conditions are exclusively governed by Dutch law. 

14.3 

All disputes relating to, arising out of or connected with a contract concluded between the auctioneer and the offeror, the formation of a contract or these general terms and conditions shall be submitted for settlement exclusively to the competent court of the auctioneer's domicile or place of business, unless the law provides otherwise and subject to the auctioneer's right to submit the dispute to the competent court of the offeror's domicile.

April 2022