General conditions
Applicable for the purchase in auction of movable property at Veilinghuis Peerdeman in Utrecht.
Article 1 applicability
1.1 These general terms and conditions apply to all parts of the relationship between the auctioneer and the buyer, including those concerning purchase, sale, brokerage, valuation, assessment, appraisals, cataloging and storage. Buyer also includes the prospective buyer who participates in the auction.
1.2 Deviation from these general terms and conditions is only possible if and insofar as explicitly accepted in writing by the auctioneer.
1.3 The applicability of the general terms and conditions is made known to the auction visitors by publication in the catalog prior to the auction and / or notice prior to the auction. Everyone who participates in an auction hereby declares that they fully accept the applicability of these conditions.
Article 2 obligation to provide information / research
2.1 Descriptions in the catalog and all written or oral information are provided by the auctioneer and his staff to the best of his knowledge.
2.2 The buyer must, prior to purchase, carefully and expertly inspect the condition and description of an item in the catalog or parcel list and have his own opinion on the extent to which the item corresponds to its description and the the buyer should, where reasonably necessary or desired, seek independent advice from experts, while the buyer should not rely on illustrations in the catalog. If certain defects or imperfections are stated in the catalog, this is intended to be an indication that is not exhaustive and from which the buyer cannot derive any rights. The absence of a condition statement is in no way a guarantee for the integrity or completeness of the lot.
2.3 The auctioneer cannot be held liable for the correctness of the description in the catalog or made known in any other way, of materials such as types of wood, fabrics, alloys, earthenware, porcelain and diamond, all with the exception of precious metals. The auctioneer only accepts liability for incorrect descriptions to the extent provided for in Article 6 of these terms and conditions.
Article 3 bidding
3.1 The buyer can bid in person. It is also possible for the buyer to bid by telephone, this is only possible after consultation and only from the lowest target price.
3.2 Written bid orders (and orders via the online catalog or e-mail) must be unambiguous and clear and, in the opinion of the auctioneer, must have been received by the auctioneer timely enough before the start of the auction session. If multiple bid orders are received by the auctioneer via bid forms, e-mail or the online catalog where the amounts to be bid are equal and these bids at auction are the highest bids on the item, the item is sold to the person whose bid is made by the auctioneer. auctioneer was first received.
3.3 Bidding orders only need to be executed if the auctioneer has reasonable opportunity to do so and the auctioneer has the right to cancel the bidding at all times.
3.4 The auctioneer always excludes any liability with regard to the failure of a telephone bid for whatever reason, as well as the failure of a written bid, electronic bid or bidding through the internet for whatever reason.
3.5 If real-time online bidding is offered, the auctioneer is not liable for any delay or failure of the internet connection or the technical failure of a bid in the last seconds. The buyer can be present in person during the hammer and bid through the auctioneer.
Article 4 conclusion of the purchase agreement
4.1 The purchase is concluded upon final allocation. A definitive allocation occurs when the auctioneer has accepted the buyer's bid or has struck the buyer the item.
4.2 All items are sold in the condition they are in at the time of allocation.
Article 5 obligations of the buyer
5.1 The buyer must identify himself at the first request of the auctioneer.
5.2 The buyer is deemed to have purchased for himself and is liable for payment without being able to rely on a principal.
5.3 The rights and obligations under the purchase agreement and these general terms and conditions belong exclusively to the buyer and cannot be transferred to third parties.
Article 6 take-back obligation auctioneer
6.1 Unless explicitly excluded for certain items in the catalog or list of lots, the auctioneer is - without prejudice to Articles 2 and 4.2 - willing to take back a auctioned item against simultaneous restitution of the purchase price and auction costs charged, if the buyer within a period of three weeks after the sale proves to the satisfaction of the auctioneer that the auctioned exhibits such serious hidden defects or that the description provided is so inaccurate that if these defects or the correct description were known to the buyer at the time of allocation, he of the would have abandoned the purchase or only purchased at a considerably lower price. This does not apply if the defects only concern the condition of the object (such as wear and restorations, for example).
6.2 The auctioneer is not prepared to take back if the description in the catalog was revoked prior to or during the auction and the correct description was communicated to the public orally or in writing.
6.3 The willingness to take back also lapses if the buyer cannot return the auctioned item in the same condition as it was in when it was allocated, at the discretion of the auctioneer.
6.4 The right of withdrawal does not apply. Even when real-time online bidding is offered, the buyer can be present in person at the hammer, in addition, the buyer is given the opportunity to preview the objects or to request condition reports in advance, see articles 2.2 and 3.5.
Article 7 Rights of auctioneer and auctioneer
7.1 The auctioneer and auctioneer reserve the following rights:
a. Without stating reasons refusing persons as bidder or buyer;
b. to change the order of sale at any time;
c. make objects fall out or add them;
d. buy to combine or split;
e. not to buy or to stop buying;
f. to correct mistakes in bids and allocations, or to cancel a purchase without a bidder being allowed to make use of mistakes and in that case may invoke a concluded purchase agreement;
g. to demand full or partial payment immediately after allocation, while in the event of a refusal or incapacity of payment, the auctioneer and the auctioneer have the right to cancel the purchase agreement and then re-auction the item in question and not accept the bid of the negligent bidder again;
h. if the buyer refuses to disclose the full name and address to the auctioneer upon first request and to show relevant identification, to dissolve the purchase agreement and to re-auction it;
i. not transferring objects from the account of the original buyer to that of another;
j. not to hand over objects during the auction;
k. to place bids on behalf of buyers or sellers;
l. to return items for which a dispute arose during or shortly after the auction, and to dissolve a possible purchase agreement.
Article 8 payment / transfer of ownership
8.1 The payment by the buyer of the purchase price in Euro plus the auction fee of 28% (including VAT) must take place before the delivery of the purchased items and within the period set by the auctioneer, without that discount or discount. settlement is permitted, all this unless agreed otherwise.
8.2 An appeal to the so-called margin scheme can only be made if all relevant regulations have been met prior to the auction, including with regard to the purchase statement. This is at the sole discretion of the auctioneer.
8.3 The ownership of the objects does not transfer until after full payment of the purchase price and in the event of late payment no earlier than after full payment of the purchase price including the costs referred to in Article 9.
Article 9 late payment
9.1 In the event of late payment, the auctioneer may charge the buyer interest equal to the statutory interest plus 3% or - at the auctioneer's option - 1% per month, counting from the date on which the payment period has expired. All judicial and extrajudicial costs are also for the account of the negligent buyer, which costs are estimated at 15% of the purchase price plus the auction costs with a minimum of € 250 (in words: two hundred and fifty Euro), without prejudice to the right to recover the actual costs. .
9.2 The auctioneer also has the right, if the buyer exceeds the payment term and is therefore legally in default, to terminate the purchase agreement in writing. Any partial payments lapse in the event of dissolution by way of compensation for damage to the auctioneer who is also entitled to recover the full damage, such as a lower revenue, and costs from the buyer and to re-auction the auctioned immediately or later or out of control to sell. The negligent buyer cannot claim any additional proceeds.
Article 10 collection period
10.1 The buyer is obliged to take possession of the purchased items and to have them collected (or have them collected) within the period specified by the auctioneer. Subject to the right of the auctioneer to indicate a shorter or longer term, the deadline for collection is five days after the last auction day.
10.2 In the event of negligence on the part of the buyer to purchase and collect the purchased item (or have it collected) within the specified period, the buyer is legally in default and the provisions of article 9 apply accordingly. The auctioneer also has the right to store the purchased item at the expense and risk of the buyer, whereby transport costs and the associated risk are also borne by the buyer.
Article 11 unsold items
11.1 If an item remains unsold at auction, the auctioneer has the right, but never the obligation, to sell the unsold item for a period of ten days after the auction, unless otherwise agreed with the contributor.
11.2 The auctioneer will only make such a sale after auction ("aftersale") if that sale can be made for a price that results in an amount that is at least equal to the net sales proceeds to which the seller would have been entitled if the object for the limit applicable at this auction would have been sold, unless a different arrangement was agreed with the seller.
11.3 A purchase by a buyer within the meaning of this article counts as a purchase at auction to which these general terms and conditions will apply in full.
Article 12 liability of auctioneer
12.1 The auctioneer is never liable for damage to picture frames, other frames and everything that forms part of it, such as glass plates, passe-partouts, etc., unless the damage was caused by intent or deliberate recklessness of the auctioneer and / or assistants or staff members engaged by him.
12.2 Under no circumstances is the auctioneer liable for business, consequential, financial and / or indirect damage.
12.3 The auctioneer is never liable for any accident or any form of damage that happens to someone in or near the buildings or grounds where there is an opportunity for input, storage or viewing, where the auction takes place or where the goods sold are collected, except in the case that the damage is caused by intent or deliberate recklessness on the part of the auctioneer and / or assistants or staff members engaged by him and / or to the extent that this is covered by insurance from the auctioneer.
12.4 Entering the buildings or sites is at your own risk.
Article 13 photos and illustrations
13.1 The auctioneer is entitled to photograph, illustrate or otherwise depict all objects offered for sale and to have images (or have them done) in whatever way, both before, during and after the auction, taking into account applicable legal provisions. The auctioneer retains the copyright on all these images.
Article 14 resale right
14.1 Resale right applies to works of art of living artists and artists who died less than 70 years ago if the transaction value including commission is 3000 euros or more. These are artists who are nationals of the EU or EEA. If the resale right applies, we pass this on to the buyer. The resale right is calculated afterwards via a separate invoice to the buyer.
The amount of the resale right is calculated as follows:
? 4% of the part of the selling price up to and including € 50,000
? 3% of the part of the selling price from € 50,000, 01 up to and including € 200,000
? 1% of the part of the selling price the selling price of € 200,000.01 to € 350,000
? 0.5% of the part of the selling price from € 350,000.01 up to and including € 500,000
? 0.25% of the part of the selling price higher than € 500,000
Article 15 Miscellaneous
15.1 Invalidity, destruction or non-binding of one of the provisions of these general terms and conditions does not affect the validity of the other provisions. In the event that one or more provisions are void, destroyed or non-binding, the buyer and auctioneer will agree on replacement provisions that are valid and which most closely approximate the content and scope of the provision (s) that have been found to be void, destroyed or ineffective.
15.2 Dutch law applies exclusively to these general terms and conditions.
15.3 All disputes regarding, arising from or related to a purchase agreement concluded between the auctioneer and the buyer, the conclusion of a purchase agreement or these general terms and conditions are exclusively submitted to the competent court in Amsterdam, subject to the right of the auctioneer to to submit a dispute to the competent court in the district of the buyer.