Terms and Conditions
General conditions relating to the buyer
1. The buyer is the person who is awarded the lot. He/she shall provide SA Galerie Moderne, hereinafter referred to as 'the Gallery', with
Moderne, hereinafter referred to as 'the Gallery', all information such as name, address
bank details, copies of identity cards or passports, etc.
2. The buyer is deemed to be acting in his own name and on his own behalf towards the Gallery, even
2. The buyer is deemed to be acting in his own name and on his own behalf, even for the lots he has purchased as an agent.
3. The buyer is bound by the auction. However, the Gallery is always free to refuse the
The Gallery is always free to refuse the auction, even after the end of the auction, without having to justify its decision.
4. 4. The buyer can participate in the auction by leaving a written order for bids of more than
10.00, or by telephone or electronically, for bids of more than
500.00. In the latter case, the buyer must confirm his participation
by letter or fax, and provide any information required by the Gallery. The
Gallery takes the utmost care of the orders received. However, the Gallery cannot be held responsible for
responsible for any omission from the orders received. Furthermore, the Gallery shall not be held responsible for
be held responsible for any errors made by the buyer in indicating the lot number or
number, or the telephone number to call, or the e-mail address, or for any problems in
nor for any problems in establishing the communication. In case of
bids, priority is always given to the buyers present at the public auction.
public auction.
5. The buyer is irrevocably presumed to have been able to appreciate the item sold in person
5. The buyer is irrevocably presumed to have been able to appreciate in person the item sold during the exhibition prior to the public sale session, and this
even when he participates in the auction by a remote communication means or by leaving a
by leaving a written purchase order.
6. 6. The indications or descriptions in the writings of the Gallery are to be considered as mere
be considered as mere indications that do not engage the responsibility of the Gallery.
responsibility of the Gallery. The Gallery does not guarantee the authenticity, attribution, date, age, nature, condition, quality, quality of the work, or any other aspect of the work,
the nature, condition, origin, etc. of an object. It is always the buyer's responsibility to
the nature and condition of an object. Without prejudice to the above, it is
that the Gallery only indicates an indicative size and not the weight, the looseness or the
and not the weight, as loosening is impossible, and with regard to porcelain and crystal, that only
and crystals, that only visible defects (cracks, apparent restorations) are indicated where applicable.
(cracks, visible restorations) are indicated where applicable.
7. 7. The buyer does not acquire ownership of the goods until full and final payment of the price and
of the price and its accessories. He can only receive delivery when this payment has become
final. However, the risks are entirely transferred to the buyer from the moment of the
the moment of the auction.
8. The buyer shall pay the amount of the bid plus a commission of 24%, including VAT, and
2.50 per lot, within three working days of the auction.
from the date of the auction. Cash payments are not accepted above
3,000.00, within the limits provided for by law. Only certified and guaranteed cheques are accepted for immediate delivery.
are accepted for immediate delivery. Payment can also be made by
bank transfer and credit or debit cards. Payments are always made to the
at the Gallery's headquarters.
9. In accordance with the law of 30 June 1994 on copyright and related rights,
the buyer is also, if necessary, liable to pay resale rights to the artists and authors of the works
and authors of the works sold, in addition to the total sale price of the item. This obligation
remains even if the claim to these rights is made after the sale and removal of the
the removal of the lot, without any time limit. The Gallery will not intervene in the dispute
The Gallery does not intervene in the possible dispute about the validity of the claim of the resale rights.
10. Any sum not paid on the due date shall automatically and without prior notice bear interest at the rate of
interest at the rate of 1% per month. In addition, the amount of the
In addition, the amount of the invoice will be increased by 15% (with a minimum of 65.00 euros) as a penalty clause.
The Gallery also reserves the right to re-sell lots that have been awarded but not paid for.
but not paid, the buyer remaining in default of payment being then in addition held for the
The buyer who remains in default of payment will be liable for the difference between the hammer price and the hammer price at the time of the resale.
11. 11. The buyer is obliged to collect his lot from the Gallery's registered office at
Rue du Parnasse, 3, 1050 Brussels, within three working days after the
the auction. Packaging, handling and transport are always at the expense and risk of the buyer.
and at the risk of the buyer.
12. 12. After the deadline for collection, the Gallery reserves the right, without prior notice, to either
the right, without prior notice, either to put the paid but not collected lots back on sale, or to have them
or to have them transferred to furniture storage at the expense and risk of the buyer, or to
5.00 per lot and per day of delay, which will be increased to
7.50 if the delay exceeds fifteen days.
13 Personal data are processed only by the Gallery. They are not passed on to third parties.
transmitted to third parties. The person responsible for the processing of personal data is S.A.
Galerie Moderne, rue du Parnasse, 3, 1050 Brussels, ECB number 0438 831 463. The
persons having access to these data are the staff members of SA Galerie Moderne.
Moderne. In accordance with the law of 8 December 1992 on the protection of personal data
personal data, the purchaser has the right to access, rectify or delete data concerning him/her.
or to have it deleted. His personal data are collected for the purpose of
customer management purposes of the Gallery, including direct marketing (e.g. announcements of future sales and
(e.g. announcements of future sales and events organised by the Gallery). The buyer has the right, at any time
to object to the use of his/her data for direct marketing purposes at any time, free of charge and on request.
for direct marketing purposes".
14. Any dispute that may arise between the parties shall be settled exclusively in accordance with
Belgian law. It will be exclusively dealt with by the courts of the judicial district of Brussels,
and, if necessary, the Justice of the Peace of Ixelles.
15. 15. Except in the case of gross negligence and intent or fraud on the part of the Gallery, the Gallery's
the Gallery cannot be held responsible in any way, either directly or indirectly, for any
directly or indirectly, for any type of damage, which is in any way the consequence of
in any way resulting from the access to and/or use of the Gallery's services by the
services by the buyer. In all cases where the Gallery is liable for any reason whatsoever
for any reason whatsoever, it is further limited to the amount of the commission
commission.
16. 16. These general terms and conditions shall prevail over any terms and conditions of the buyer, unless expressly agreed otherwise in writing.
in writing, over any conditions of the buyer
