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Conditions of sale
The following Conditions of Sale and Terms and the Consignor's entire agreement with the purchaser and any bidders relative to the property listed in this e-catalogue.
The Conditions of Sale, Terms of Guarantee, the glossary, if any, and all other contents of this e-catalogue are subject to amendment by us by the posting of such amendments on the Brussels Art Auctions website (www.ba-Auctions.com) and the Invaluable website (www.invaluable.com). The property will be offered by us as agent for the Consignor, unless otherwise indicate.
By participating in any sale, you acknowledge that you are bound by these Conditions of Sale and Terms of Guarantee.
After receiving their invoice successful bidders will pay: the hammer price increased with the buyer's premium 25%, and 5 ,-€ and if required a re-sale royalty (droit de suite), 4% upon any amount above 2.000,-€ as required in the EEA for living artists and artists estates (70 years after the artist death)
1. As Is
Goods auctioned are often of some age. The authenticity of the Authorship (as defined below) of property listed in the e catalogue is guaranteed as stated in the Terms of Guarantee and except for the Limited Warranty contained therein, all property is sold "AS IS" without any representations or warranties by us or the Consignor as to merchantability, fitness for a particular purpose, the correctness of the e-catalogue or other description of the physical condition, size, quality, rarity, importance, medium, frame, provenance, exhibitions, literature or historical relevance of any property and no statement anywhere, whether oral or written, whether made in the e-catalogue, an advertisement, a bill of sale, or elsewhere, shall be deemed such a warranty, representation or assumption of liability. We and the Consignor make no representations and warranties, express or implied, as to whether the purchaser acquires any copyrights, including but not limited to, any reproduction rights in any property. We and the Consignor are not responsible for errors and omissions in the e-catalogue, glossary, or any supplemental material. Brussels Art Auctions will not be responsible or liable for damage to frames and glass coverings, regardless of the cause.
Prospective bidders should inspect the property before bidding to determine its condition, size, and whether or not it has been repaired or restored. Where no exhibition is held for a timed auction, you may contact us to arrange inspection.
We reserve the right to withdraw any property before, during and after the sale and shall have no liability whatsoever for such withdrawal.
4. Per Lot
Unless otherwise stated, all bids are per lot as numbered in the e-catalogue.
In order to bid, you must first register on the Brussels Art Auctions website or the Invaluable website. Brussels Art Auctions reserves the right, in her sole discretion, to refuse your registration or participation in the auction or to revoke your permission to participate before, during or after the sale. Bidders should also consult the Brussels Art Auctions Website or the Invaluable website for the most up to date cataloguing of the property in this e-catalogue. Bidders are responsible for making themselves aware of all available notices, which will be posted online.
As soon as you place and confirm your bid amount, your bid is submitted. You accept and agree that bids submitted by you are final. Neither Brussels Art Auctions nor the Consignor is responsible for any errors in bidding. We reserve the right to reject any bid. The highest bidder acknowledged by the Brussels Art Auctions and Invaluable online bidding systems will be the purchaser. Brussels Art Auctions has absolute and sole discretion in the case of error or dispute with respect to bidding, and whether during or after the sale, to determine the successful bidder, to re-open the bidding, to cancel the sale or to re-offer and re-sell the item in dispute. If any dispute arises after the sale, our sale record is conclusive.
By participating in the sale, you represent and warrant that any bids placed by you, or on your behalf, are not the product of any collusive or other anti-competitive agreement .
7. Closing Bidding
Bids may be submitted from the start of the sale until bidding on the specific lot closes. An end time will be displayed for each lot on the lot detail page. It is possible that lots will close out of numerical lot order.
8. Bids Below Reserve
If you place a bid below the reserve of the article offered, you will be informed by a message on the screen that the reserve is not met. You will then be able to place a higher bid if you wish to do so. No bidder can successfully win the lot below the reserve.
9. Record of Sale
The record of sale kept by Brussels Art Auctions will be taken as absolute and final in all disputes. In the event of a discrepancy between any online records or messages provided to you and the record of sale kept by Brussels Art Auctions, the record of sale will govern.
Successful bidders will be notified and invoiced by Brussels Art Auctions after the sale. In the event of any discrepancy between any online purchase information and the invoice sent to you by Brussels Art Auctions following the sale, the invoice prevails.
10. Purchaser's Responsibility
Subject to fulfillment of all of the conditions set forth herein, at the close of a lot, the contract between the consignor and the purchaser is concluded, and the winning bidder thereupon will immediately pay the full purchase price or such part as we may require. Title in a purchased lot will not pass until Brussels Art Auctions has received the full purchase price in cleared funds. The purchaser's obligation to immediately pay the full purchase price or such part as we may require is absolute and unconditional and is not subject to any defenses, setoffs or counterclaims of any kind whatsoever. Brussels Art Auctions is not obligated to release a lot to the purchaser until title to the lot has passed and any earlier release does not affect the passing of title or the Purchaser's unconditional obligation to pay the full purchase price. In addition to other remedies available to us by law, we reserve the right to impose from the date of sale a late charge of the annual percentage rate of Prime + 6% of the total purchase price if payment is not made in accordance with the conditions set forth herein. Please note Brussels Art Auctions reserves the right to refuse to accept payment from a source other than the buyer of record.
Unless otherwise agreed by Brussels Art Auctions, all property must be removed from our premises by the purchaser at his expense not later than 30 calendar days following its sale. Buyers are reminded that Brussels Art Auctions liability for loss or damage to sold property shall cease no later than after the winning bid. If any applicable conditions herein are not complied with by the purchaser, the purchaser will be in default and in addition to any and all other remedies available to us and the Consignor by law, including, without limitation, the right to hold the purchaser liable for the total purchase price, including all fees, charges and expenses more fully set forth herein, we, at our option, may (x) cancel the sale of that, or any other lot or lots sold to the defaulting purchaser at the same or any other auction, retaining as liquidated damages all payments made by the purchaser, or (y) resell the purchased property, whether at public auction or by private sale, or (z) effect any combination thereof. In any case, the purchaser will be liable for any deficiency, any and all costs, handling charges, late charges, expenses of both sales, our commissions on both sales at our regular rates, legal fees and expenses, collection fees and incidental damages. In addition, a defaulting purchaser will be deemed to have granted and assigned to us, a continuing security interest of first priority in any property or money of or owing to such purchaser in our possession, in each case whether at the time of the auction, the default or if acquired at any time thereafter, and we may retain and apply such property or money as collateral security for the obligations due to us We shall have all of the rights accorded a secured party under the Belgian trade legislation. You hereby agree that Brussels Art Auctions may file financing statements under the Belgian Trade legislation without your signature. Payment will not be deemed to have been made in full until we have collected good funds. Any claims relating to any purchase, including any claims under the Conditions of Sale or Terms of Guarantee, must be presented directly to Brussels Art Auctions. In the event the purchaser fails to pay any or all of the total purchase price for any lot and Brussels Art Auctions nonetheless elects to pay the Consignor any portion of the sale proceeds, the purchaser acknowledges that Brussels Art Auctions shall have all of the rights of the Consignor to pursue the purchaser for any amounts paid to the Consignor, whether at law, in equity, or under these Conditions of Sale.
Unless otherwise indicated, all lots in this e-catalogue are offered subject to a reserve, which is the confidential minimum price at which a lot will be sold. No reserve will exceed the low presale estimate stated in the e-catalogue. If you place a maximum bid that equals or exceeds the reserve on a lot for which the reserve has not already been met, the system will automatically raise the current bid to meet the reserve price.
13. Export and Permits
It is the purchaser's sole responsibility to identify and obtain any necessary export, import, firearm, endangered species or other permit for the lot. Any notices in the sale e-catalogue reflect Brussels Art Auctions reasonable opinion at the time of cataloguing and are for bidders' general guidance only; Brussels Art Auctions and the Consignor make no representations or warranties as to whether any lot is or is not subject to export or import restrictions or any embargoes.
14. Governing Law and Jurisdiction
These Conditions of Sale and Terms of Guarantee, as well as bidders', the purchaser's and our respective rights and obligations hereunder, shall be governed by and construed and enforced in accordance with the Belgian Trade legislation. By bidding at a sale, all bidders including the purchaser, shall be deemed to have consented to the exclusive Brussels (B) jurisdiction .
15. Packing and Shipping
We are not responsible for the acts or omissions in our packing or shipping of purchased lots or of other carriers or packers of purchased lots, whether or not recommended by us. Packing and handling of purchased lots is at the entire risk of the purchaser.
16. Limitation of Liability
In no event will our liability to a purchaser exceed the purchase price actually paid. Brussels Art Auctions will not be responsible for any errors or failures to execute bids placed online or for any errors or omissions in connection therewith including, without limitation, errors or failures caused by (i) a loss of connection to the internet or the Brussels Art Auctions or Invaluable's Online Platform software by either Brussels Art Auction or the client; (ii) a breakdown or problem with Brussels Art Auction or Invaluable's Online Platform software; or (iii) a breakdown or problem with a client's Internet connection, mobile network or computer.
17. Data Protection
Brussels Art Auctions shall take great care to keep such information secure and in accordance with European data protection principles. By agreeing to these Conditions of Sale, the client is agreeing to such disclosure.
Please be aware that Brussels Art Auctions may film auctions ,recordings may be transmitted over the Internet via Brussels Art Auctions website, the Invaluable website and other Online Platforms.
18. Cancellation Right
The Consumer Rights Directive (Directive 2011/83/EU) and related regulations implemented by the European Union ("EU") member states (the "Regulations") give bidders based within an EU member state (an "EU Bidder") who purchase goods and services online or otherwise "at a distance" certain cancellation rights under the Regulations.
Under the Regulations, an EU Bidder who purchases property during the sale has the right to cancel the contract (provided that such contract is a distance contract or an off-premises contract for the purposes of the Regulations) for any reason and without incurring liability within a period of fourteen days after the day on which the property comes into the physical possession of either the EU Bidder or a person identified by the EU Bidder to take possession of the property (but not the carrier of the property) (the "Goods Cancellation Period").
Under the Regulations, an EU Bidder who purchases a shipping suggested by Brussels Art Auctions has the right to cancel the Shipping Services for any reason within a period of fourteen days after the date on which the contract to provide the Shipping Services is concluded (the "Services Cancellation Period") unless where at the EU Bidder's express request it has been agreed that the Shipping Services will begin during the Services Cancellation Period. In the case that the Shipping Services have begun prior to the expiry of the Services Cancellation Period, the EU Bidder will have the right to cancel the Shipping Services during the Services Cancellation Period until the Shipping Services have been fully performed after which point the cancellation right will no longer apply. If the EU Bidder lawfully cancels the contract for Shipping Services, Brussels Art Auctions reimburse the EU Bidder all payments received from the EU Bidder in relation to the Shipping Services provided always that if the EU Bidder requested Brussels Art Auctions to begin the performance of the Shipping Services during the Services Cancellation Period, the EU Bidder will remain liable for Brussels Art Auctions reasonable costs.
To exercise the right to cancel, the EU Bidder must inform Brussels Art Auctions 7&9 Rue Ernest Allard 1000 Brussels Belgium, 003225115324 ,003225036210, [email protected] of its decision to cancel the contract for the purchase of property and/or for the provision of Shipping Services (as applicable) by a clear statement (e.g. a letter sent by post, fax or email) or using the model cancellation form, a copy of which can obtained at the address noted above. In order to meet the cancellation deadline, the EU Bidder is required to send his/her communication concerning the exercise of the cancellation right (i) in relation to a purchase of property before the Goods Cancellation Period has expired and (ii) in relation to the provision of Delivery Services before the Services Cancellation Period has expired. Brussels Art Auctions will make any applicable reimbursement using the same means of payment as the EU Bidder used for the initial transaction, unless the EU Bidder has expressly agreed otherwise and, in any event, the EU Bidder will not incur any fees as a result of the reimbursement.
For bidders bidding through the Invaluable platform, in the event of any conflict between Invaluable's Terms and Conditions and Brussels Art Auctions Conditions of Sale and Terms of Guarantee, Brussels Art Auctions Conditions of Sale and Terms of Guarantee will control.
Certain property sold at auction, for example, items made of or incorporating plant or animal materials such as coral, crocodile, ivory, whalebone, tortoiseshell, rhinoceros horn, rosewood, etc., irrespective of age or value, may require a license or certificate prior to exportation and additional licenses or certificates upon importation to another country. Brussels Art Auctions suggests that buyers check on their government wildlife import requirements prior to placing a bid. Please note that the ability to obtain an export license or certificate does not ensure the ability to obtain an import license or certificate in another country, and vice versa. It is the purchaser's responsibility to obtain any export or import licenses and/or certificates as well as any other required documentation. In the case of denial of any export or import license or of delay in the obtaining of such licenses, the purchaser is still responsible for making on-time payment of the total purchase price for the lot.
Although licenses can be obtained to export some types of endangered species, other types may not be exported at all. However, there is no assurance that an export license or certificate can be obtained.
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