GENERAL CONDITIONS OF SALE
GENERAL CONDITIONS OF SALE
SALES VIA DROUOT ARE INCREASED BY 3% AND THOSE VIA INVALUABLE BY 5%.
The purchase fee is 25%.
If the purchase amount exceeds 20.000€, the upper bracket will be charged at 20%.
Objects made by artists covered by droit suite will have an additional statutory levy of
- 4% of the sales price between € 2000 and € 50,000.00
- 3% of the sales price between € 50,000.01 and € 200,000.00
- 1% of the portion of the sale price between € 200,000.01 and € 350,000.00
- 0.5% of the sales price between € 350,000.01 and € 500,000.00
- 0.25% of the portion of the sale price above € 500,000.01
1- NATURE OF THE SERVICE/ STANLEY'S AUCTION BVBA IS COMMISSIONED BY THE DEPOSITOR TO PUT AN OBJECT UP FOR SALE IN A CONDITION THAT HAS BEEN CHECKED BY THE BUYER AT THE EXHIBITION. STANLEY'S AUCTION BVBA DOES NOT SELL BUT PUTS THE SELLER AND THE BUYER IN CONTACT WITH EACH OTHER WITHOUT BEING HELD RESPONSIBLE FOR THE NATURE, ORIGIN OR CONDITION OF THE OBJECT.
2- CAPACITY/ THE DEPOSITOR ASSURES THAT HE IS THE CAPABLE AND LEGAL OWNER OF THE OBJECT OR THE FULLY AUTHORISED AGENT FOR ITS SALE. IN THE EVENT OF WITHDRAWAL BEFORE THE SALE AND FOR WHATEVER REASON, THE DEPOSITOR IS OBLIGED TO REIMBURSE STANLEY'S AUCTION BVBA FOR THE SELLER'S COMMISSION APPLIED TO THE HIGH ESTIMATE. NO WITHDRAWAL WILL BE ACCEPTED FROM THE FIRST DAY OF THE EXHIBITION PRECEDING THE SALE. ANY FORCED WITHDRAWAL BY THE PUBLIC AUTHORITY WILL LEAD TO LEGAL PROCEEDINGS AND DAMAGES AGAINST THE DEFAULTING DEPOSITOR IN ADDITION TO THE SELLER'S COMMISSION ON THE HIGH ESTIMATE BEFORE THE SALE AND ON THE HAMMER PRICE AFTER THE SALE.
3- THE OBJECT / THE DEPOSITOR DECLARES THAT THE DEPOSITED OBJECT IS AVAILABLE, LAWFUL, LAWFULLY HELD AND IN THE CASE OF A NON-EUROPEAN OBJECT, THAT IT WAS ACQUIRED IN ITS COUNTRY OF ORIGIN BEFORE 1970 AND/OR IN ACCORDANCE WITH ALL APPLICABLE RULES AND REGULATIONS. ANY FAILURE TO DO SO OR ANY INCORRECT INFORMATION ON THE LATTER POINTS WILL ENGAGE THE EXCLUSIVE RESPONSIBILITY OF THE DEPOSITOR WHO, BY SIGNING THIS CONTRACT, AFFIRMS THAT STANLEY'S AUCTION BVBA HAS INDEED ASKED FOR THE PROVENANCE AND ORIGIN OF THE OBJECT AND HAS OBTAINED ANSWERS CONFIRMING THE AVAILABILITY AND LEGALITY OF THE DEPOSITED OBJECT. STANLEY'S IS AUTHORISED TO COMMUNICATE THIS INFORMATION TO THE AUTHORITIES AND TO THE FUTURE BUYER. IN THE EVENT OF A LIE, STANLEY'S AUCTION BVBA WILL BE RELIEVED OF ALL RESPONSIBILITY AND RESERVES THE RIGHT TO NOTIFY THE AUTHORITIES OF ANY FRAUD DETECTED. IN ADDITION, STANLEY'S AUCTION BVBA RESERVES THE RIGHT TO WITHDRAW FROM ITS SALE ANY ITEM WHOSE LEGALITY IS IN DOUBT AND, IF NECESSARY, TO BRING LEGAL PROCEEDINGS AGAINST THE DECEITFUL DEPOSITOR.
4- INTELLECTUAL PROPERTY/ THE DEPOSITOR WAIVES ALL RESTRICTIONS ON INTELLECTUAL PROPERTY ON THE OBJECT AND AUTHORISES ALL EXPLOITATION OF ILLUSTRATIONS OR PHOTOGRAPHS OF THE OBJECT BEFORE, DURING AND AFTER THE SALE
5- RESERVE VALUE/ THE DEPOSITOR HAS THE POSSIBILITY, WHEN DEPOSITING A LOT, TO INDICATE A RESERVE VALUE, I.E. A MINIMUM BIDDING PRICE BELOW WHICH THE LOT CANNOT BE SOLD. THIS RESERVE WILL BE INDICATED OPPOSITE THE ESTIMATES ON THE DEPOSIT SLIP. HOWEVER, STANLEY'S HAS THE RIGHT TO SELL THE GOODS, AT ITS OWN DISCRETION, FOR LESS THAN THE RESERVE VALUE BUT EQUAL TO OR MORE THAN THE NET AMOUNT TO BE PAID. IN THIS CASE, THE AMOUNT PAYABLE TO THE SELLER WILL BE CALCULATED ON THE BASIS OF THE PROCEEDS OF THE SALE THAT WOULD HAVE BEEN OBTAINED IF THE GOODS HAD BEEN SOLD AT THE RESERVE VALUE. NO RESERVE VALUE IS POSSIBLE BELOW 300 EUR UNLESS THIS CLAUSE IS CROSSED OUT BY HAND WITH THE INITIALS OF A STANLEY'S AUCTION EXPERT. IF THE RESERVE VALUE HAS NOT BEEN REACHED AT THE AUCTION, STANLEY'S AUCTION BVBA IS THEN AUTHORISED TO NEGOTIATE FOR A PRIVATE SALE AT THE STIPULATED LIMIT AND TO INCLUDE THIS LOT, AS LONG AS IT REMAINS IN STOCK, AGAIN IN A SUBSEQUENT SALE BUT WITHOUT RESERVE UNLESS THE OWNER TAKES BACK THE UNSOLD LOT WITHIN ONE MONTH OF THE SALE AND PAYS 10 EUR FOR INSURANCE AND ADMINISTRATION COSTS.
6- PAYMENT, COMMISSION AND WILD BIDDING/ IN CASE OF SALE, THE AMOUNT OF THE AUCTION MINUS THE COMMISSION WILL BE PAID TO THE DEPOSITOR AS SOON AS THE PAYMENT IS RECEIVED BY THE BUYER. THE AMOUNT CAN BE PAID IN CASH UNDER 3000 EUR OR BY BANK TRANSFER TO ACCOUNT NUMBER BE76 0689 0795 5995. STANLEY'S AUCTION BVBA IS NOT OBLIGED TO PAY FOR A LOT THAT HAS NOT YET BEEN PAID FOR BY THE BUYER, THE LATTER BEING DECLARED A FOOLISH BIDDER AFTER 10 DAYS OF THE SALE. IN THE LATTER CASE: - EITHER THE DEPOSITOR DECIDES TO ATTACK THE ABSENTEE BIDDER BY HIS OWN MEANS TO FORCE HIM TO FINALISE THE PURCHASE. -OR THE DEPOSITOR ASKS STANLEY'S AUCTION TO PUT THE PROPERTY BACK UP FOR SALE BY MUTUAL AGREEMENT OR AT A FUTURE AUCTION. THESE INSTRUCTIONS SHOULD BE CONFIRMED BY EMAIL OR POST. THE DIFFERENCE BETWEEN THE FUTURE SALE AND THE ORIGINAL SALE REMAINS DUE FROM THE HIGHEST BIDDER. NEVERTHELESS, IT IS NOT THE RESPONSIBILITY OF STANLEY'S AUCTION BVBA TO RECOVER THESE SUMS. - OR THE SALE IS CANCELLED AND THE ITEM IS RETURNED TO THE DEPOSITOR FREE OF CHARGE. STANLEY'S AUCTION BVBA ONLY ACTS AS AN INTERMEDIARY FOR THE SELLER AND THE BUYER AND IS THEREFORE NOT LIABLE IN THE EVENT OF ANY WAIVER BY THESE TWO PARTIES.
7- DESCRIPTION AND VALUATION / THE DESCRIPTION OF THE ITEM IS ONLY AN OPINION AND IS PROVIDED AS AN INDICATION AND DOES NOT ENGAGE THE RESPONSIBILITY OF STANLEY'S AUCTION SPRL. STANLEY'S AUCTION SPRL CANNOT BE HELD RESPONSIBLE FOR ANY ERROR OR OMISSION REVEALED BEFORE, DURING OR AFTER THE SALE. STANLEY'S AUCTION SPRL'S SOLE MISSION IS TO TRY TO PUT A SELLER AND A BUYER IN TOUCH WITH EACH OTHER AND NOT TO APPRAISE THE ITEM. THE DEPOSITOR DECLARES THAT HE LEAVES STANLEY'S AUCTION SPRL COMPLETE FREEDOM IN THE DESCRIPTION OF THE OBJECT. THE ESTIMATE OF THE ITEM IS ONLY AN OPINION AND STANLEY'S AUCTION BVBA CANNOT BE HELD RESPONSIBLE FOR ACHIEVING THIS RESULT OR FOR ANY DAMAGE WHATSOEVER FOLLOWING THE SALE. THE DEPOSITOR DECLARES THAT HE WISHES TO OFFER HIS OBJECT FOR SALE ACCORDING TO THESE ESTIMATES, WHICH HE APPROVES, BELIEVING THEM TO BE THE MOST RELEVANT TO LEAD TO THE ACTUAL SALE OF THE OBJECT. ANY SUBSEQUENT SALE RESULTS OF THE SAME OBJECT IN ANY AUCTION HOUSE OR FAIR OR GALLERY SHALL NOT LEAD TO ANY CLAIMS AGAINST STANLEY'S AUCTION BVBA.
8- FREEDOM OF AUCTIONING/ STANLEY'S AUCTION BVBA HAS THE RIGHT NOT TO AUCTION ONE OR MORE LOTS, TO POSTPONE LOTS TO LATER AUCTIONS, TO SPLIT OR TO COMBINE LOTS.
9- AUCTIONING/ THE AUCTIONEER MAY OPEN THE BIDDING ON EACH LOT BY MAKING A BID ON BEHALF OF THE SELLER. IN ADDITION, THE AUCTIONEER HAS THE RIGHT TO MAKE SUCCESSIVE BIDS ON BEHALF OF THE SELLER, OR BIDS IN REACTION TO OTHER BIDS ON BEHALF OF THE SELLER, UNTIL THE RESERVE VALUE IS REACHED.
10- THE BIDDER BIDS AN AMOUNT FOR WHICH HE IS SOLVENT, INCLUDING COSTS, AND DOES SO WITH FULL KNOWLEDGE OF THE FACTS, AND
10- THE BIDDER BIDS FOR AN AMOUNT OF WHICH HE IS SOLVENT, INCLUDING COSTS, AND DOES SO WITH FULL KNOWLEDGE OF THE FACTS, WHETHER HE IS PRESENT AT THE SALE, WHETHER HE BIDS BY WRITTEN ORDER IN COMMISSION OR BY TELEPHONE OR ANY OTHER MEANS OF COMMUNICATION.
11- IN THE EVENT OF A DISPUTE WITHIN A SHORT PERIOD OF TIME AFTER THE AUCTION DUE TO AN UNOBSERVED BID BY A THIRD PARTY, STANLEY'S AUCTION BVBA HAS THE RIGHT TO RE-BID THE ITEM. FOR THIS PURPOSE, ONLY THE HAMMER BLOW CONFIRMED BY "ADJUDICATED" WILL MARK THE ADJUDICATION.
12- ONCE THE LOT HAS BEEN AWARDED, THE WINNER OF THE AUCTION ASSUMES THE RISKS ON THE OBJECT. HOWEVER, FULL TRANSFER OF OWNERSHIP WILL TAKE PLACE UPON RECEIPT OF PAYMENT FOR THE AUCTIONED ITEM.
13-THE AMOUNT TO BE PAID BY THE BUYER WILL BE THE AWARD AMOUNT PLUS FEES (25% direct, 28% via DROUOT, 30% via INVALUABLE). IF THE ITEM IS SUBJECT TO RESALE RIGHTS, AN ADDITIONAL 4% WILL BE CHARGED ON THE AUCTION AMOUNT FROM 2000€.
14- THE ITEM IS TO BE PAID FOR AND COLLECTED DURING THE WEEK FOLLOWING THE SALE. THEREAFTER, A STORAGE FEE OF 10 EUR PER DAY OF STORAGE MAY BE CHARGED UNLESS OTHERWISE AGREED WITH STANLEY AUCTION SPRL. THE RISKS ARE TRANSFERRED TO THE BUYER AT THE TIME OF THE AUCTION.
15- STANLEYS AUCTION BVBA IS SUBJECT TO THE SPECIAL MARGIN SYSTEM AND IS THEREFORE NOT SUBJECT TO VAT.
16- ANY DISPUTE SHALL BE SETTLED BY THE COURTS OF BRUSSELS.
