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The present general conditions apply to the relationship between Hôtel de Ventes Vanderkindere (hereafter referred to as "VDK"), having its registered office at 1180 Brussels, chaussée d'Alsemberg 685?687, registered with the Banque Carrefour des Entreprises under number 0467.241.377 and any person or legal entity giving to VDK one or many goods in order to sell it/them by public auctions (hereafter referred to as the "Client" or the "Principal") and any particular or legal entity participating to public auctions organised by VDK (hereafter referred to as the "Buyer").
The Client agrees to the present general conditions by the delivery of the good and may not derogate to one or many clauses without the prior and -written agreement of VDK.
The Buyer agrees to the present general conditions by his presence at one of the public auctions organised by VDK.
The non application of any clause of the present general conditions can not be considered as a waiver of VDK to apply them later.
If any provisions of this Agreement become invalid, illegal or unenforceable, this invalidity, unenforceability or illegality shall not affect the remaining provisions of this agreement. In this case, the parties will endeavour, in good faith, to agree to the terms of a provision which may be substituted for the invalid, illegal or unenforceable provision.
The present general conditions and generally the relationship between VDK and the Client and the Buyer shall be governed exclusively by the laws of Belgium. In case of a dispute or a claim, it shall be submitted to the exclusive jurisdiction of the Brussels courts.
Conditions relative to the buyer
1. The Buyer
The Buyer is the person to who a lot is auctioned. In case of protestation (which can only occur during the public auction and only after the sale by -auction), sole the bailiff or the auctioneer present can decide that the lot will be resold. Any buyer is considered vis?à?vis VDK to act in his own name and for his own account, even if he acts as representative. The Buyer gives to VDK his name, address, telephone and mobile telephone number, as well as any information, namely banking information, asked by VDK.
2. Price and Artist resale right ("droit de suite")
The Buyer pays to VDK the hammer price increased of 22% of commission for the auctions with catalogue (ventes cataloguées) and of 25% of -commission for the auctions without catalogues (ventes bourgeoises) and one euro more, for each item. According to the law of 30 June 1994 on authors' rights, the Buyer shall pay in addition to the hammer price an Artist Resale Right (droit de suite) of 4% on the part of the hammer price from 2,000 Ä.
The "droit de suite" is over when the artist died for more than 70?years.
3. Payment - Invoice - VAT
Directly after the auctioning to the Buyer, the risks are transmitted to him and he must pay the hammer price increased of the commission and of the possible Artist Resale Right (the "Price"). The Price must be paid in Euros. VDK accepts cash payment until two thousand nine hundred ninety nine euros (EUR 2,999) allow for legal provisions (for more informations contact Auctionhouse), checks certified by a Belgian bank and cards payments by Mistercash, Vica, Eurocard and Mastercard. An invoice can be asked within 5 days after the auction. VAT is included in the Price.
4. Picking up of the acquired lot(s)
The lots can not be picked up after the public auction. They can be picked up within 4 business days after the auction and after complete payment of the Price. A non picked up lot within this term will be stored at the Buyer expenses. VDK will not be liable for the losses or damages occurred to the lot, even if it results from its fault or negligence. The transport of the lots must be paid by the Buyer and VDK is not and will not be liable for the -losses or damages that may occur during the storage, the packaging, the handling or during the transport of the auctioned lots.
5. Non payment and/or non picking up of the lot
In case of payment default and/or of non picking up of the lot, the Buyer will pay, without prior summon, an interest of 1% per month and a penalty sum of 15% of the Price. Moreover, VDK will be entitled to take the following measures, discretionary and without prejudice of all other measures :
? store the lots at the Buyer's expenses and deliver the lot only after payment of the Price and of all costs;
? sue the Buyer in court for the payment of the Price and costs and/or for the picking up of the lot with imposition of a penalty (astreinte) if the need -arises;
? cancel the sale of the lot and possibly of other lots acquired by the Buyer at the public auction or at previous auctions;
? to put up the lots for auction, any loss in relation to the first auction and all costs being at the Buyers' expenses. The Buyer will not be entitled to obtain anything in case of higher price at this second auction;
? keep the lot sold at this auction of at previous auctions until full payment of the Price and the costs;
? sell in auctions any good that would have been given by the Buyer to VDK for a public auction or for any other reason, the obtained amount being affected in priority to the payment of the Price and costs;
? refuse any bid made by the defaulting Buyer or in his name.
6. Description of the lots
The lots are put up for auctions with their imperfections, their defaults and possible mistakes of descriptions. VDK is neither responsible nor liable for possible mistakes in the description of the lots, for their valuation, the author, the signature, the date, the origin, the attribution, the authenticity that are given indicatively, as well as for the state of the lots. The Buyer will make his own impression and appreciations on the lot(s) and no protestation will be admitted even if it is in relation with the description of the catalogue after the auctioning to the Buyer. Accidents are mention with (*) and restaurations with (**).
7. Bids and telephone auctions
A Buyer may bid or participate to public auctions by telephone. In this case, the Buyer must ask to do so by letter, fax, e?mail and must give all his contacts details (name, address, telephone and mobile telephone numbers to VDK, this latter being entitled to ask to the Buyer his bank details and references. VDK is not responsible or liable for the mistakes of the Buyer in the telephone number or for a false indication of the number of the lot, for problems during the telephone communication (busy line, transmission problems, bad mobile telephone network, interruptions, etc.). If two bids are made on the same lot for the same amount, preference will be given to the bid received firstly.
8. All sales to EU residents are considered to be made to private individuals, and VAT is therefore payable.
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