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Lot 44: VALERIUS DE SAEDELEER (1867-1941) Uijt mijn huis, vers 1908

Est: €6,000 EUR - €8,000 EURSold:
AguttesNeuilly sur Seine, FranceMarch 13, 2024

Item Overview

Description

VALERIUS DE SAEDELEER
(1867-1941)
Uijt mijn huis, vers 1908
Triptyque
Huile sur toile
Signée en bas à droite
(Restaurations anciennes et enfoncement)
Triptych, oil on canvas, signed lower right
45,5 x 35,5 cm (toiles latérales) - 17 7/8 x 14 in.
45,5 x 55 cm (toile centrale) - 17 7/8 x 21 5/8 in.

Provenance
- Collection Madame Wackers-Van Herrewege, Bruxelles (selon une étiquette au dos)
- Vente, Antiquités, Tableaux et Objets d'art, Bruxelles, Vanderkindere, 14 janvier 2003, lot 27
- Collection particulière, Belgique
Expositions
- Retrospectieve tentoonstelling Valerius De Saedeleer 1867-1967, Alost, 1967, n°57
- Valerius De Saedeleer, Ysegem, 24 août-8 septembre 1974
- Hulde aan Valerius De Saedeleer, Deurle, Musée Léon De Smet, 1979, n°5
- Le Premier Groupe De Laethem-Saint-Martin, Bruxelles, Musées Royaux des Beaux-Arts, 1988

Artist or Maker

Payment & Shipping

Payment

Accepted forms of payment: MasterCard, Other, Visa, Wire Transfer

Shipping

The lots not claimed on the day of the auction can be retrieved by
appointment : please contact the person in charge.
For lots placed in warehouses, costs and expenses will be at the buyer's
charge.
For lots stored at Aguttes - except specific conditions if mentioned
(Mobilier & objets d'art & Design) - buyers are advised that the following
storage costs will be charged :
- 15 € / day for lots < € 10,000, and 30 € / day for lots > € 10,000
- 3 € / day for any other lot < 1m3 & 5 € / day / m3 for the ones > 1m3.
Buyers are advised to collect successful lots by the carrier of their
choice as soon as possible to avoid handling and storage costs which
will be required before collection of purchase. In case of impossibility to
remove the batches due to the current sanitary crisis, these deadlines
will exceptionally be extended according to a specific agreement with
the sales department concerned.
The auctioneer is not responsible for the storage of purchased lots. If
payment is made by wire transfer, lots may not be withdrawn until the
payment has been cleared, foreign cheques are not accepted.
From the moment the hammer falls, sold items will become the exclusive
responsability of the buyer. The buyer will be solely responsible for the
insurance, L'Hôtel des Ventes de Neuilly assumes no liability for any
damage to items which may occur after the hammer falls.
The purchased lots will be delivred to the buyer in person. Should the
buyer wish to have his/her lot delivered to a third party the person must
have a letter of authorization along with a photocopy of the identity card
of the buyer.
Export formalities can take 4 months to process and are the buyer's
responsability. Please contact the Hôtel des ventes de Neuilly if you
need more information concerning this particular matter.

Auction Details

ART IMPRESSIONNISTE & MODERNE

by
Aguttes
March 13, 2024, 03:00 PM CET

164 bis Avenue Charles de Gaulle, Neuilly sur Seine, 92200 , FR

Terms

Live bidding may start higher or lower

Buyer's Premium

€0 - 150,000:33.0%
€150,001+:30.6%

Bidding Increments

From:To:Increment:
€0€199€10
€200€299€20
€300€319€20
€320€379€30
€380€419€20
€420€479€30
€480€499€20
€500€999€50
€1,000€1,999€100
€2,000€4,999€200
€5,000€9,999€500
€10,000€19,999€1,000
€20,000€49,999€2,000
€50,000€99,999€5,000
€100,000+€10,000

Conditions of Sale

SALES CONDITIONS
GENERAL TERMS AND CONDITIONS
CONDITIONS OF SALE



SAS AGUTTES?("AGUTTES") is an operator of voluntary public auctions, declared to the Voluntary Sales Board and governed by Articles L.321-4 et seq. of the French Commercial Code. In this capacity AGUTTES acts as agent of the seller who contracts with the auction winner.



These General Terms and Conditions of Sale?("GTC") govern the relationship between AGUTTES and bidders for public auctions and negotiated sales organised by AGUTTES.



AGUTTES may modify the GTC in writing and/or orally prior to the sale.





I- THE PROPERTY OFFERED FOR SALE



Description of lots: The indications given in the catalogue are the responsibility of AGUTTES and its expert, subject to the provisions mentioned below.Only indications in French are binding on AGUTTES to the exclusion of translations, which are free. They may be modified or corrected until the time of the sale in writing or orally. These modifications shall be recorded in the report of the sale, which shall have probative force.

No other guarantee is given by AGUTTES, it being recalled that only the seller shall be bound by the guarantee against hidden defects and the legal guarantee of conformity. A certificate of authenticity of the lot will only be available if mentioned in the description of the lot.



The dimensions, weights and other information of the lots are given as an indication with a reasonable margin of error.



Restorations carried out as a precautionary measure, not altering the age and style characteristics, and not making any change to the specific nature of the lot, will not be mentioned in the description.



The absence of any indication of restoration, accident or incident in the catalogue or condition reports shall in no way imply that the lot is free from any defect present, past or repaired.



Conversely, the mention of any defect does not imply the absence of other defects.



The particular information in the catalogue has the following meanings:

+ Lots forming part of a court-ordered sale following an order of the Court of Justice, fees and expenses: 14.40% incl. tax;

° Lots, in which AGUTTES or one of its partners has financial interests; * Temporary import lots: subject to a fee of 5.5% fee for works of art, collectibles and antiques (20% for wines and spirits, jewelry and multiples),), to be borne by the buyer in addition to the selling costs and the auction price, unless the buyer is outside the EU;

¤ Goods sold under the general VAT regime (for the total);

# Lots visible only by appointment;

~ Lots made from materials from animal species. Import restrictions are to be provided for.



Condition of lots:

The lots are sold in the condition in which they are found at the time of sale with their imperfections and defects. Since lots are second-hand goods, no guarantee can be given on the condition thereof.



References to the condition of a lot in a catalogue or condition report may not be considered as an exhaustive description of the condition of said lot.



Descriptions may not under any circumstances replace the personal examination of the lot as indicated below. Condition reports will be sent upon request and for information purposes.

Lot exposure: Potential bidders are required to personally examine the lots at a private meeting prior to sale in order to check the condition of the lot. Buyers are advised to be accompanied by an expert in the field concerned by the sale.



Reproduction of lots: Not all defects and imperfections of the batches are vis- ible on the photographs of the batches reproduced in the catalogues, online or on any communication medium. Photographs may not give a fully faithful image of the actual condition of a lot and may differ from what a direct observer will receive (size, colour, etc.).







Estimates: The estimates are based on the state of technical knowledge on the day of the estimate, the quality of the lot, its origin, condition and the market price on the day of the estimate. They are provided for information purposes only and cannot be considered as a guarantee that the lot will be sold at the estimated price.



II- THE SALE



Registration for sale: Important: the normal and priority method to bid is to be present in the sales room.



As a service, other modes are possible that require prior registration:

- By telephone: AGUTTES accepts, free of charge, to receive bids by telephone only for bidders who reported before 6 p.m., on the last business day before the sale. The potential bidder must have received a prior confirmation email from AGUTTES to be called.

- By purchase order: Any person previously registered and wishing to bid will have the option to request the registration of purchase orders from AGUTTES on their behalf. The order must have been communicated in writing before 6 p.m. on the last business day before the sale, and the bidder must have received a confirmation email from AGUTTES to be called. No unlimited order will be accepted. If AGUTTES receives multiple purchase orders for identical auction amounts, the oldest order will be selected.

- Online via Liveplatforms: The possibility of online auctions is offered on platforms allowing remote participation in auctions electronically, upon prior registration. The purchaser via the Live platforms is informed that the fees charged by these platforms will be borne exclusively by it.



Participation in the auction by telephone, internet or order is carried out at the risk and peril of the bidder, AGUTTES cannot be held liable in the event of non- participation of the auction bidder for any reason whatsoever, particularly in the event of malfunction or failure to perform (no response from the bidder, error, interruption or omission in the reception of bids). Any malfunction or interruption of the telephone or live service will not prevent the auctioneer from continuing the auction, at his discretion.

Procedure for identifying bidders: AGUTTES reserves the right to ask any potential bidder to prove its identity and for a legal entity, a Kbis extract less than three months old, it being specified that only the legal representative of the company or any duly authorised person may bid for and its bank details. In the event of non-compliance with the identification procedures, AGUTTES reserves the right to refuse its registration for the auction. All lots sold will be invoiced in the name and address of the client. No subsequent modification may be made. The bidder is deemed to act in its own name and will be solely responsible for the auction brought unless it is informed beforehand of its capacity as agent under the conditions indicated below. Any false indication shall incur the liability of the auction winner.

Mandate by a third party: The bidder with a mandate must inform AGUTTES during the identification and registration procedure and produce a copy of the mandate and any other documents requested by AGUTTES. In such a case, the bidder and the principal shall be jointly and severally liable.

Sales management: The auctioneer manages the sale on a discretionary basis, ensuring the freedom and equality between all bidders, while respecting the practices established by the profession. The auctioneer ensures the police of the sale, which allows him to refuse bids or to withdraw a lot without having to justify it.

Awarding: The highest and the last bidder will be the auction winner, with all accepted means combined (order, internet, telephone, on-site, etc.). The award- ing is evidenced by the pronouncement of the word "Sold", which forms the sale agreement between the seller and the auction winner. Each lot is identified with a number corresponding to the number assigned to it in the sales catalogue. It is forbidden for sellers to bid directly on the lots belonging to them. In the event of a simultaneous "double-auction" recognised by the auctioneer, the lot will be put back for sale, with all bidders present being able to participate in this second auction.

Withdrawal: Each auction and bid is final and is binding on the auction winner, it being recalled that the auction winner may not withdraw either in the room, by telephone, online or on a purchase order.

Transfer of risk and ownership: The transfer of ownership and risks between the seller and the auction winner takes place by the word "sold" by AGUTTES. AGUTTES disclaims all liability for losses and damages that the lots may suffer from the date of the award, with the auction winner having to insure the lots acquired as soon as the award is awarded.





III- COMPLETION OF THE SALE



Sale commission: In addition to the auction price, the auction winner shall pay the buyer's fees, per lot, calculated as follows: - 25% excl. tax + VAT at the rate in force, i.e. 30% including tax on the first €150,000 - 23 % excl. tax + VAT at the rate in force, i.e. 27,6 % including taxe for amounts over € 150,001.

Exception: For books only benefiting from a reduced VAT rate: 25% before tax, i.e. 26.37% including VAT. In addition to the auction price and the buyer's fees, the auction winner must pay all taxes and duties including VAT as well as any file, handling, and storage costs. Payment of the sums due must be made"in cash" by the auction winner, as soon as the award is made. Payment is made in euros. Any bank commissions will not be deducted from the amounts due.

VAT: The VAT rate is 20% (or 5.5% for books). In principle, unmarked lots will be sold under the VAT on gross margin system. The purchase commission and additionnal costs will be increased by an amount in lieu of VAT, which will not be separately mentioned in our slips. By way of exception, and at the request of the seller, the general VAT system may be applied for goods offered for sale by an EU professional at its request. These goods will be marked by the ¤ sign.

Possible VAT refunds:

1- The professional of the European Union, (i) with an intra-Community VAT number and (ii) providing proof of the export of lots from France to another Member State;

2- Non-residents of the European Union on the supply of (i) a customs export document, on which AGUTTES appears as sender (ii) when the export occurs within three months of the auction date or the date of obtaining the export permit.

Payment terms: Legal means of payment accepted by AGUTTES' accounts (payments by credit card or wire transfer being strongly recommended):



- Credit card: bank charges, which usually vary between 1and 2%, are not borne by the firm;

- American Express card: a commission of 2.95% including tax will be collected for all payments. Remote card payments and split payments in several instalments for the same lot with the same card are not allowed;

- Online payment up to €10,000 to https://www.aguttes.com/paiement/index.jsp ;

- Bank transfer: from the buyer's account and indicating the invoice number:

IBAN FR76 3006 6109 1300 0203 7410 222 BIC CMCIFRPP

Account holder AGUTTES

Direct debit CIC PARIS ETOILE ENTREPRISES 178 RUE DE COURCELLES - 75017 PARIS

- Cash: Articles L.112-6 and D.112-3 of the French Monetary and Financial Code: (i) Up to €1,000 for French tax residents or persons acting for the purposes of a professional activity; (ii) Up to €15,000 for individuals who have their tax domicile abroad (upon presentation of passports and proof of address);

- Cheque (as a last resort): Upon presentation of two identity documents. No time limit for cashing is accepted in the event of payment by cheque. Issuance will only be possible twenty days after payment. Foreign cheques are not accepted.



Defaulting auction winner: In the absence of cash payment by the buyer, the property may be put back for sale upon reiteration of the auctions at the request of the seller in accordance with the procedure of ArticleL.32114 of the French Commercial Code. If the seller does not make this request within three months of the auction, the sale shall be automatically terminated. In all cases, the defaulting buyer, due to its failure to pay, shall pay to AGUTTES: - All costs and incidentals incurred by AGUTTES relating to the collection of unpaid invoices (including legal fees); - Late payment penalties calculated by applying interest rates at the European Central Bank (ECB) semi-annual key rate (refinancing rate or Refi) in force plus five points on all sums due; - Damages to compensate for the loss suffered by AGUTTES (purchase costs, fees and commissions, VAT, storage, etc.). AGUTTES reserves the right to: - Communicate the name and contact details of the defaulting buyer to the seller in order to enable the latter to assert its rights; - Exercise or have exercised all the rights and remedies, in particular the right of retention, over any property of the defaulting buyer, of which AGUTTES has custody; - Prohibit the defaulting auction winner from bidding in the next sales organised by AGUTTES or from making the possibility of tendering there subject to the payment of a prior provision; - Proceed to the registration of the defaulting bidder on a file of bad payers shared between the different member auction houses. AGUTTES is indeed a member of the Central Register of prevention of the unpaid of the auctioneers with which the incidents of payment are likely to be registered. The rights of access, rectification and opposition for legitimate reasons are to be exercised by the debtor concerned at Symev 15 rue Freycinet 75016 Paris.



Lot collection and storage: A lot awarded may only be delivered to the buyer after full payment of the purchase slip, collected in the AGUTTES bank account. The lots will be delivered to the purchaser in person after presentation of any document proving his identity or to the third party appointed by him and to whom he has entrusted an original power of attorney and a copy of his identity document. The lot is collected at the auction winner's expense and risks only. Lots that have not been collected the same day after the end of the sale will be collected by appointment by the byer with the person mentioned for this purpose on the contact page at the beginning of the catalog. The place of delivery will be indicated in the email accompanying the invoice. The applicable storage fees are mentioned in the "Special Terms and Conditions" below.

Resale of paid and non-collected lots: In the event that one or more lots awarded and paid for in the course of an auction have still not been collected by the buyer within the deadlines agreed upon the "Special Terms and Conditions" below and that the applicable storage, custody and preservation costs exceed the auction value of the lot(s), AGUTTES reserves the right to sell the lot(s) in order to be reimbursed for all costs due.





IV- PRE-EMPTION RIGHT



The French State may exercise a pre-emptive right on any public or private sale of cultural property. The State has a period of 15 days from the public sale to confirm the exercise of its pre-emptive right and subrogate itself to the buyer.





V- EXPORT



The formalities of exports (requests for certificate for a cultural good, export license) of the subjected lots are the responsibility of the purchaser and can require a four months delay. AGUTTES is at the disposal of its buyers to guide them in these steps. AGUTTES cannot be held responsible for delays. Under no circumstances shall AGUTTES be liable for the refusal or delay of the administrative decision. The refusal to issue a certificate or a license may not under any circumstances justify a failure or delay in payment by the buyer or a cancellation of the sale.





VI- APPLICABLE LAW AND COMPETENT COURT



Civil liability claims brought in connection with voluntary and judicial actions and sales of furniture at public auction are time-barred after five years from the award or takeover. French law alone governs the GTC. Any dispute relating to their existence, validity, performance and enforceability against any bidder having the capacity of trader shall be decided by the Commercial Court of Nanterre (France). In the event that the bidder or buyer is not a trader, this dispute shall be decided by the competent Court pursuant to the legal provisions. The Government Commissioner to the Council for voluntary sales of furniture by public auction may be mandated in writing in case of any difficulty with a view to reaching an amicable solution, if applicable.





VII- PERSONAL DATA



The bidders are informed that AGUTTES may collect and process data concerning them in accordance with the General Data Protection Regulation no. 2016/679 of 27 April 2016 (GDPR) and the French Data Protection Act no. 78-17 of 6 January 1978 amended by Law No. 2018-493 of 20 June 2018 on the protection of personal data. The data is collected for the purposes of managing their contractual or pre-con- tractual relations (registration for sale, invoicing, accounting, payments, commu- nication, etc.). This data consists of information such as: surname, first names, postal address, email address, telephone number, bank details. Bidders are informed that they have a right of access, rectification, erasure, porta- bility, opposition and limitation with regard to such data with AGUTTES. Requests must be made in writing to: [email protected] Any complaint about the applicable data protection legislation may be brought before the CNIL: www.cnil.fr.





VIII- INTELLECTUAL PROPERTY



AGUTTES is the owner of any right of reproduction of its catalogue. Any repro- duction of the same is prohibited and constitutes an infringement. The sale of a lot does not in any way imply the assignment of any intellectual property rights applicable (representation and/or reproduction) to the work.





IX- SPECIAL TERMS AND CONDITIONS

To know the particular conditions refer to the specific conditions of each sale.

Payment

We recommend that buyers pay by credit card or electronic bank transfer.
In compliance with Article L.321-14 of French commercial law, a property
sold at auction can be delivered to the buyer only once the auction firm
has received payment or complete guarantee of payment.
Legally accepted means of payment include :
• Cash (article L.112-6, L.112-8 and Article Article L.112-8 paragraph 2 of
the Monetary and Financial Code)
· max. 1 000 €
· max. 15 000 € for private individuals who have their tax domicile
abroad (upon presentation of a valid passport)
• Payment on line (max 10 000 €) : http ://www.aguttes.com/paiement/
index.jsp
• Electronic bank transfer
The exact amount of the invoice from the buyer's account and
indicating the invoice number. (Note : Bank charges are the buyer's
responsibility.)
Banque de Neuflize, 3 avenue Hoche 75008
Titulaire du compte : Claude AGUTTES SAS
Code Banque 30788 - Code guichet 00900
N° compte- Clé RIB 23
IBAN FR76 3078 8009 0002 0586 9000 223
BIC NSMBFRPPXXX
• Credit cards : bank fees, which usually range from 1 to 2 %, are the
buyer's responsibility
• American Express : 2.95%TTC commission will be charged.
• Distance payments and multi-payments for one lot with the same card
are not allowed
• Cheques (if no other means of payment is possible)
· Upon presentation of two pieces of identification
· Important : Delivery is possible after 20 days
· Cheques will be deposited immediately. No delays will be accepted
· Payment with foreign cheques will not be accepted

PAYMENT DEFAULT
Settlements are cash.
In the event of late payment on winning bids SAS CLAUDE AGUTTES
will claim the legal rate of interest, plus five percent. A minimum fee of
€500 will also be due for any other costs incurred by reason of default,
including the following in the case of resale on false bidding :
- The difference between the price at which the lot was auctioned
and the price obtained at its resale;
- The costs incurred by new auctioning.
LAW AND JURISDICTION
In accordance with the law, it is added that all actions in public liability
instituted on the occasion of valuation and of voluntary and court-ordered
auction sales are barred at the end of five years from the hammer price
or valuation. These Conditions of purchase are governed by French law
exclusively. Any dispute relating to their existence, their validity and their
binding effect on any bidder or buyer shall be submitted to the exclusive
jurisdiction of the Courts of France.

If a customer feels that he or she has not received a satisfactory response, he or she is advised to contact the head of the relevant department
directly, as a matter of priority. In the absence of a response within the specified time limit, the customer may then contact customer service at
[email protected], which is attached to the Quality Department of SVV Aguttes.

Collect, storage and shipping

The lots not claimed on the day of the auction can be retrieved by
appointment : please contact the person in charge.
For lots placed in warehouses, costs and expenses will be at the buyer's
charge.
For lots stored at Aguttes - except specific conditions if mentioned
(Mobilier & objets d'art & Design) - buyers are advised that the following
storage costs will be charged :
- 15 € / day for lots < € 10,000, and 30 € / day for lots > € 10,000
- 3 € / day for any other lot < 1m3 & 5 € / day / m3 for the ones > 1m3.
Buyers are advised to collect successful lots by the carrier of their
choice as soon as possible to avoid handling and storage costs which
will be required before collection of purchase. In case of impossibility to
remove the batches due to the current sanitary crisis, these deadlines
will exceptionally be extended according to a specific agreement with
the sales department concerned.
The auctioneer is not responsible for the storage of purchased lots. If
payment is made by wire transfer, lots may not be withdrawn until the
payment has been cleared, foreign cheques are not accepted.
From the moment the hammer falls, sold items will become the exclusive
responsability of the buyer. The buyer will be solely responsible for the
insurance, L'Hôtel des Ventes de Neuilly assumes no liability for any
damage to items which may occur after the hammer falls.
The purchased lots will be delivred to the buyer in person. Should the
buyer wish to have his/her lot delivered to a third party the person must
have a letter of authorization along with a photocopy of the identity card
of the buyer.
Export formalities can take 4 months to process and are the buyer's
responsability. Please contact the Hôtel des ventes de Neuilly if you
need more information concerning this particular matter.

Premium

In addition to the hammer
price, the buyer agrees to pay a buyer's premium along with any applicable
value added tax. From 1 to 150 000 € the buyer's premium is 25% + VAT
amounting to 30% (all taxes included) and 23% of any amount in excess
of 150 001€ over + VAT amounting to 27.6% (all taxes included). Books
(25% + VAT amounting to 26,375%). The buyers via the live platforms will
pay, in addition to the bids and the buyers' fees an additional commission
which will be entirely paid back to the platforms (see paragraph: Auctions
via INVALUABLE Digital or other live platforms).
NB :
+ Auction by order of the court further to a prescription of the court,
buyers fees 14,40% VTA included.
° Lots on which the auction house or its partners have a financial
interest
* Lots which have been temporarily imported and are subject to a
buyer's fee of 5.5% (20% for jewelry, motorcars, wines and spirits
and multiples - F1 helmet) in addition to the hammer price and
sale fees.


. The
buyer via the INVALUABLE Digital platform (or any other platform proposed
for live purchases) is informed that the fees charged by these platforms
will be at his exclusive charge. As an indication, for Invaluable, a commission of 3% including VAT (2.4% excluding VAT
and 0.60% VAT).

GUARANTEES

In accordance with the law, the information given in the catalogue is
the responsibility of SAS Claude AGUTTES and its expert, taking into
account the corrections announced at the time of the presentation of
the item in the sale report.
Attributions were made according to scientific and artistic knowledge
at the time of the auction.
The order of the catalog will be followed.
An exhibition prior to the sale permits buyers to establish the conditions of
the works offered for sale. However in this period of pandemie the photos
are worth exhibition, and no claims will be admitted once the award is
pronounced. The reproductions in the catalog of works are as faithful
as possible, a difference in color or tones is nevertheless possible. The
dimensions are only given as an indication.
The text in French is the official text which will be retained in case of
dispute. The descriptions in other languages and the indications of
dimensions in inches are given only as an indication and cannot be at
the origin of a complaint.
The state of conservation of the works is not specified in the catalog, the
buyers are therefore obliged to ask for additional photos, videos and/
or condition reports. No claim will be accepted concerning possible
restorations or accidents once the auction has been pronounced.
The condition reports requested from SAS Claude Aguttes and the expert
before the sale are given for information only. They do not engage their
responsibilities and cannot be the cause of a legal claim. Under no
circumstances do they replace the personal examination of the work by
the buyer or his representative.