Terms and conditions
Free translation of the French version of Haynault's terms and conditions of business. In case of discrepancy, the French version prevails.
General terms and conditions of sale for buyers of public and internet sales, written offers and telephone sales
Article 1. In the following text, Haynault Ventes Publiques is understood to mean SRL Haynault (BE 0631.780.992), its managers, its staff, its consultants and experts in the exercise of their mission for SRL Haynault, and its agents.
The present conditions apply to all public auctions organised by Haynault Ventes Publiques. The buyer is deemed to accept them without reservation by the mere fact of his participation in the sale. Any deviation from these conditions can only be invoked against Haynault Ventes Publiques if it confirms them in writing.
They are reproduced in the catalogue, if any, as well as on the website www.haynault.be and are available at the reception desk during the sales. They are also announced in extracts at the beginning of the sale.
Description of lots - exhibition
Article 2.
1. Description of lots
(a) Description means any written, graphic or photographic, verbal or electronic communication made by Haynault before, during or after the public sale relating to any characteristic of a lot offered for public sale, whether it concerns in particular its characteristics, its condition, its authenticity, the identification of its author,...
(b) Certain words used in the catalogue descriptions have particular meanings. Further details can be found on the page entitled "Important notices and explanation of cataloguing practices",
(c) The description of any lot, including its nature or condition, maker, period, materials, approximate size, or provenance, is an expression of our perception of that lot and should not be taken as a statement of fact. We do not carry out in-depth research of the kind carried out by professional historians or academics. Dimensions and weights are given as an indication only.
Precious stones and set pearls in particular are difficult to measure, and their nature, colour or quality are always indicative and without any commitment from Haynault. Unless otherwise stated, coloured stones are to be considered as having been heat treated, by diffusion or otherwise.
2. Condition of lots
(a) The condition of lots sold in our auctions may vary considerably due to factors such as age, temperature and humidity variations, previous deterioration, restoration, repair and wear. Their nature means that they will rarely be in perfect condition. Lots are sold "as is", i.e. as they are at the time of sale, without any representation or warranty or assumption of responsibility of any kind as to their condition or function by Haynault.
(b) Any reference to the condition of a lot in a description shall not constitute a comprehensive condition report. It should be noted that images may not show a lot clearly. Colours and shades may appear different on paper or on screen from how they appear on physical examination.
(c) Condition reports may be available to assist our buyers in assessing the condition of a lot and are provided for information purposes only.
Descriptions indicating the existence of restoration, accident or incident affecting the lot are expressed to facilitate inspection by the prospective buyer and are subject to the buyer's or his or her expert's personal assessment. The absence of an indication of restoration, accident or incident in a description does not imply that a property is free of any present, past or repaired defect. Conversely, the mention of any defect does not imply the absence of any other defect, as our staff are not professional conservators or curators.
3. Our responsibility for the description of the lots
We do not give any guarantee regarding the description of a lot.
4. Website - exhibition
The website and the online catalogue are also available for information purposes only, the French printed version of the catalogue being authoritative in case of discrepancy.
As regards the jewellery, the colours and qualities of the stones are provided, on request, as an indication, as the stones could not be loosened.
Any person who buys via the Internet, by telephone or who leaves a written purchase order, is deemed to have been able to examine the lot(s), and may not contest the purchase in the event that the item(s) are not in conformity. Photographs and additional details may be requested prior to any purchase.
Any damage caused to one or more lots listed in the catalogue, to other goods or to persons during the deposit, sale or removal of the goods must be compensated by the person responsible, Haynault Ventes Publiques not taking over the responsibilities of others.
Purchase orders
Article 3. The buyer who wishes to do so can give purchase orders. In this case, the buyer will have to transmit his purchase order 2 hours in advance, give his identity and communicate all the information that may be requested by Haynault Ventes Publiques, which reserves the right to ask for bank references. Haynault Ventes Publiques is not responsible for errors made by the customer in indicating the lot he/she wishes to purchase, nor in the transcription of a purchase order written in a non-perfectly legible manner... . If two purchase orders are placed for the same lot for the same amount, preference will be given to the order that came first.
Telephone auctions
Article 4. The buyer who wishes to do so may participate in the auction by telephone. In this case, the buyer must confirm his participation in the sale by letter, fax or e-mail, give his identity and provide all the information requested by Haynault Ventes Publiques, which reserves the right to request bank references. Haynault Ventes Publiques is not responsible for any errors made by the customer in indicating the lot he/she wishes to purchase or the telephone number to call, nor for any telephone problems (busy phone, interrupted lines, mobile phone, etc.).
Internet auctions
Article 5. The buyer who wishes to do so can give purchase orders or participate in the auctions by internet. In this case, the buyer will have to register 24 hours in advance, give his identity and communicate all the information requested by Haynault Ventes Publiques, which reserves the right to request bank references. Haynault Ventes Publiques reserves the right to accept or reject the registration, and is not responsible for any errors made by the customer in indicating the lot he/she wishes to purchase, nor for any technical problems of any kind.
The sale
Article 6. Auctions are carried out in person, by telephone, internet or prior written order only, under the conditions specified in articles 4 and 5 above. Haynault Ventes Publiques reserves the right to refuse bids from buyers a.o. if they have not registered in advance, have outstanding debts towards Haynault, are late payers or are deemed to bid in bad faith. The usual amount of the bids is fixed between 5 and 10% above the last bid. The auctioneer reserves the right to accept half bids if the high estimate is exceeded.
Haynault Ventes Publiques reserves the right to split, combine or withdraw lots without having to justify its decision.
The lot will be awarded to the highest bidder. The bidder will be obliged to pay the auction price of the lot in cash, plus expenses and any right of resale, as provided for in article 8.
Immediate disputes during the sale
Article 7. In case of immediate dispute or error of adjudication, the lot will be re-auctioned. The bailiff in charge of the sale will be the sole judge of any dispute that may arise during the sale.
Costs and payment
Article 8. All risks relating to the items sold will be transferred to the buyer as soon as they are sold. Between the adjudication and the delivery, Haynault Ventes Publiques will keep the goods in good custody. Ownership of the items sold will only pass to the buyer upon payment of the price of the item, including the purchase price and the cost of transport, insurance and packaging if applicable.
All buyers are deemed to have acted on their own behalf and to be personally responsible for the lots they are called upon to purchase as their agent. He will be personally liable for the payment of the price before their collection.
Buyers are required to pay the hammer price plus 26% for expenses within 5 days of the auction. They are also obliged to pay the follow-up fees on the works they hit (see article 9). These fees are increased to 30% for online-only sales.
They are increased by 2% for auctions via Drouot Live and by 3% for auctions via The Saleroom.com or Invaluable.com
The following payment methods are accepted
- cash (with a maximum of €2,999 per purchase slip)
- payment by debit/credit card (Bancontact/Mistercash/Visa/Mastercard (maximum 5,000 euro for credit cards and only for pick-ups on site)
- payment by certified cheque
- bank transfer provided that the amount is credited to the account of Haynault Ventes Publiques when the lots are collected.
- payment by foreign cheque (± 10 days for cashing, acceptance at the discretion of the management)
In the event of payment by uncertified cheque, the delivery of items may be deferred until the cheque has been cashed.
All sales are subject to the particular regime of the margin, non-deductible VAT. (EEC nationals)
Right of resale
Article 9. The sale of certain original works is subject to resale right for the benefit of the author or his heirs, provided that he has not been dead for more than 70 years.
The droit de suite is collected by Haynault Ventes Publiques and paid to the organisations with the power of collection (SABAM-SOFAM), as provided for by the legislation in force.
The resale right is calculated on the sale price before tax, provided that it amounts to at least € 2,000. The amount of the resale right is fixed as follows
- 4% for the portion of the sale price up to € 50,000
- 3% for the portion of the sale price between € 50.000,01 and € 200.000
- 1% for the part of the sale price between € 200.000,01 and € 350.000
- 0.5% for the part of the sale price between € 350,000.01 and € 500,000
- 0.25% for the part of the sale price exceeding € 500,000
However, the maximum amount of the resale right may not exceed € 12,500 per work of art (per resale).
Haynault Auctions makes every effort to be able to announce at the time of the sale the possible application of a droit de suite to a lot. As the determination of the application of droit de suite to a work can be complex, Haynault Ventes Publiques declines all responsibility for the determination of the application of droit de suite after the sale. In this case, Haynault Ventes Publiques is legally obliged to claim the droit de suite from the buyer at the time of payment, at the time of collection or even after collection, any buyer expressly waiving any recourse of any kind and irrevocably undertaking to pay the droit de suite on first demand.
Default of payment
Article 10: In case of non-payment of the lot within 7 days, the buyer will be liable, without prior notice, to pay a late interest at the legal rate, from the end of the payment period.
In addition, Haynault Ventes Publiques expressly reserves the right to take, at its discretion and subject to all other rights and actions, after formal notice at its discretion by simple letter, registered letter, or email, the following measures:
a- store the lot, insure it at the buyer's expense and deliver it to him only after full payment;
b- judicially compel the buyer to pay and/or remove the lot, if necessary under penalty of a fine;
c- cancel the sale of the lot and possibly other lots acquired during the sale or during previous sales;
d- put the lot back on public sale at the risk of the defaulting buyer, any deficit in relation to the first sale being at the expense of the defaulting buyer, as well as the costs inherent to the resale, the defaulting buyer not being able to claim anything in the event of a resale bonus;
e- keep any other lot sold at the same or previous sales until the total amount has been paid;
f- sell any property belonging to the buyer and on deposit at Haynault Ventes Publiques, the sum thus collected being allocated to the payment of the amounts due by the buyer;
g- refuse any subsequent bid made by the defaulting buyer or on his behalf.
Removal of lots and failure to remove lots
Article 11. Buyers must also take delivery of their purchases within 7 days of the auction,
Purchases paid for within 7 days after the sale, but which cannot be collected immediately, and more particularly furniture, are kept free of charge, but at the buyer's risk for a period of 14 days after the sale date.
Beyond this date, Haynault Ventes Publiques reserves the right to charge a storage fee of 5 euros per day and per lot, excluding VAT.
Beyond 28 days after the sale, or for items not paid for within 7 days after the sale, Haynault Ventes Publiques reserves the full right to dispose of the items and furniture concerned, as provided for in article 10.
Shipment of lots
Article 12. Haynault generally accepts, on the express request of the buyers, to coordinate the transport of the lots, or, for small and non-fragile lots, to send them by express courier or postal service, and this entirely and without exception at the buyers' risk, peril and expense, whether it be for the transport or the packaging of the lots. This service is invoiced.
In the event of damage noted upon receipt of lots shipped by Haynault. Buyers are required to notify Haynault within 24 hours and to retain all packaging. Haynault will then initiate a claim procedure with the post office or the express courier company and will keep the buyers informed of the outcome.
The follow-up of this procedure is a service provided to the buyers, and Haynault does not assume any obligation, of means or of result.
Haynault does not intervene in any case of damage observed during the transport of lots that it has coordinated, the contractual relationship being in this case direct between the buyer and the carrier.
Disputes - jurisdiction of the courts
Article 13. No claim will be admitted after the final adjudication, even if it concerns the description of the lots.
All disputes to which the sale may give rise shall be submitted exclusively to the jurisdiction of the courts of Brussels.
Shipping Terms
Removal of lots and failure to remove lots
Article 11. Buyers must also take delivery of their purchases within 7 days of the auction,
Purchases paid for within 7 days after the sale, but which cannot be collected immediately, and more particularly furniture, are kept free of charge, but at the buyer's risk for a period of 14 days after the sale date.
Beyond this date, Haynault Ventes Publiques reserves the right to charge a storage fee of 5 euros per day and per lot, excluding VAT.
Beyond 28 days after the sale, or for items not paid for within 7 days after the sale, Haynault Ventes Publiques reserves the full right to dispose of the items and furniture concerned, as provided for in article 10.
Shipment of lots
Article 12. Haynault generally accepts, on the express request of the buyers, to coordinate the transport of the lots, or, for small and non-fragile lots, to send them by express courier or postal service, and this entirely and without exception at the buyers' risk, peril and expense, whether it be for the transport or the packaging of the lots. This service is invoiced.
In the event of damage noted upon receipt of lots shipped by Haynault. Buyers are required to notify Haynault within 24 hours and to retain all packaging. Haynault will then initiate a claim procedure with the post office or the express courier company and will keep the buyers informed of the outcome.
The follow-up of this procedure is a service provided to the buyers, and Haynault does not assume any obligation, of means or of result.
Haynault does not intervene in any case of damage observed during the transport of lots that it has coordinated, the contractual relationship being in this case direct between the buyer and the carrier.
