General terms & conditions
Article 1 Applicability
1.1 These General Terms and Conditions govern all aspects of the
relationship between the auctioneer and the purchaser, including
aspects relating to purchase, sale, agency, valuation, assessment,
appraisal, cataloguing and safekeeping. The term 'purchaser' includes
prospective purchasers who participate in the auction.
1.2 Deviations from these General Terms and Conditions are valid
only if and insofar as they are explicitly accepted in writing by the
auctioneer.
1.3 Visitors to the auction will be informed of the applicability
of these General Terms and Conditions by publication in the
catalogue prior to the auctionand/or notification prior to the
auction. All parties who participate in the auction thereby indicate
their full acceptance of the applicability of these General Terms
and Conditions.
Article 2 Duty to provide information/duty to examine
2.1 The auctioneer and his personnel provide all descriptions in
the catalogue and all written or oral information to the best of
their knowledge.
2.2 Before making a purchase the purchaser must carefully and
professionally inspect (or cause the inspection of ) the condition
and the description of the object in the catalogue or the lot list to
his own satisfaction and to form his own opinion about the
degree to which the object is in accordance with its description.
If reasonably necessary or desirable the purchaser must obtain
the independent advice of experts. The purchaser cannot rely on
illustrations contained in the catalogue. If particular defects or
imperfections are noted in the catalogue, such notifications must
be deemed a non-exhaustive indication from which the purchaser
cannot derive any rights.
2.3 The auctioneer cannot be held liable for the accuracy of the
description of materials contained in the catalogue, or otherwise
made known, such as types of wood, fabrics, alloys, earthenware,
porcelain or diamonds, with the exception of precious metals.
The auctioneer will accept liability for incorrect descriptions only
insofar as provided in Article 6 of these General Terms and
Conditions.
Article 3 Bidding
3.1 The purchaser can bid in person. The purchaser can also bid
by telephone or by leaving written bidding instructions. Other
bidding methods, such as electronically, via the Internet or oral
bidding instructions, may be used only if explicitly offered
by the auctioneer.
3.2 Written bidding instructions must be unambiguous and clear
and must be received by the auctioneer in sufficient time, in the
auctioneer's opinion, before the commencement of the auction. If
the auctioneer receives more than one set of bidding instructions
and the amounts to be bid are the same, and if at the auction
those bids are the highest bids for the object in question, the
object will be sold to the person whose bid was first received by
the auctioneer.
3.3 Bidding instructions will be followed only if theauctioneer
has a reasonable opportunity to do so. The auctioneer may at any
time refrain from carrying out bidding instructions. 3.4 If the
purchaser wishes to bid by telephone he must so agree with the
auctioneer in writing not later thanone day before the auction.
3.5 The auctioneer excludes all liability in respect of the failure,
for any reason whatsoever, of a bid by telephone. The same applies
to written bids, electronic bids and bids via the Internet.
Article 4 Conclusion of contract of sale
4.1 The sale is concluded upon definitive allocation. An object has
been definitively allocated when the auctioneer has accepted the
purchaser's offer or has declared the object sold to the purchaser.
4.2 All objects are sold in their condition at the time of
allocation.
4.3 Nearly all lots are from private sellers. Because of this, a
'consumentenkoop' as written in article 7.5 of the Dutch
'Burgerlijk Wetboek' (BW) is not applicable.
Article 5 Purchaser's obligations
5.1 The purchaser must provide proof of his identity at the auctioneer's
first request.
5.2 The purchaser is deemed to have bought the object for himself
and is liable for payment. The purchaser may not invoke the
obligations of a principal.
5.3 The rights and obligations pursuant to the contract of sale
and these General Terms and Conditions are vested in and accrue
to the purchaser. The purchaser cannot transfer those rights and
obligations to third parties.
Article 6 Auctioneer's obligation to take back objects
6.1 Unless explicitly excluded in respect of a particular object in
the catalogue or lot list, the auctioneer is willing - without prejudice
to Articles 2 and 4.2 - to take back an auctioned object and
simultaneously reimburse the purchase price and auction charges
if the purchaser proves to the auctioneer's satisfaction within a
period of three weeks after the sale that the auctioned object has
such serious hidden defects or that the description provided was so
inaccurate that if the purchaser had been aware of those defects or
that inaccurate description at the time of allocation he would
have decided not to go ahead with the purchase or would have
purchased the object only for a considerably lower price. This provision
does not apply if the defects relate only to the condition of
the object (such as wear and tear and restorations). Because the
Zeeuws Veilinghuis wants to pay the sellers soon after the auction,
taking back by the auctioneer is not possible after three weeks
from the auction date.
6.2 The auctioneer is not willing to take back an object if the
description in the catalogue was revoked prior to or during the
auction and if those present at the auction were informed of the
correct descriptionorally or in writing.
6.3 The auctioneer's willingness to take back an object will also
lapse if, in the auctioneer's opinion, the purchaser cannot return
the auctioned object in the same condition as that at the time of
allocation.
Article 7 Auctioneer's rights
7.1 The auctioneer reserves the following rights:
a. to refuse to accept persons as bidders or as purchasers without
stating any reason;
b. to change the order of sale at any time;
c. to omit or add objects;
d. to combine or split up sales;
e. to refrain from awarding sales or to suspend sales;
f. to rectify errors in bidding or allocation or to nullify a sale, without
the bidder being permitted to take advantage of errors and
thereby invoke the conclusion of a contract of sale;
g. to demand full or partial payment immediately after allocation;
in the event of refusal or inability to pay, the auctioneer is entitled
to nullify the contract of sale, auction the object again and refuse
to accept any offers from the bidder who was in default;
h. if the purchaser refuses to state his full name and address and
provide appropriate proof of identity to the auctioneer at the auctioneer's
first request, to dissolve the contract of sale and auction
the object again;
i. to refrain from transferring objects from the account of the
original purchaser to the account of another party;
j. to refrain from delivering objects during the auction;
k. to make bids on behalf of purchasers or sellers; and
l. to once again auction objects in respect of which a dispute
has arisen during or shortly after the auction and to dissolve any
contract of sale.
Article 8 Payment/transfer of ownership
8.1 The purchaser must pay the purchase price in euros, plus
auction charges (buyer's premium) of 28% and -if applicable-
Resale royalties (see article 15) before delivery of the item
purchased and within a term to be set by the auctioneer, without
applying any discount or setoff, unless the parties have agreed
otherwise.
8.2 The 'margin arrangement' may be invoked only if, in the
sole opinion of the auctioneer, all of the relevant rules have been
complied with prior to the auction, including the rules governing
the purchasing statement.
8.3 The ownership of objects will not be transferred until the full
purchase price has been paid. In the event of late payment the
ownership of objects will not be transferred until the full purchase
price has been paid including the fees referred to in Article 9.
Article 9 Late payment
9.1 In the event of late payment the auctioneer may charge the
purchaser interest at the statutory interest rate increased by 3%
or - at the auctioneer's discretion - 1% monthly, to be calculated
as from the date on which the payment term expired. In addition,
all court and out-of-court costs must be paid by the defaulting
purchaser; those costs are estimated at 15% of the purchase price
increased by the auction charges, with a minimum of EUR 250
(in words: two hundred and fifty euros), without prejudice to the
right to recover the actual costs.
9.2 If the purchaser exceeds the payment term and is thereby in
default by operation of law, the auctioneer is also entitled to dissolve
the contract of sale in writing. In the event of dissolution,
any partial payments will be forfeited to the auctioneer as compensation
of damage. The auctioneer will also be entitled to recover
from the purchaser the full damage, such as lower proceeds,
and costs and once again to auction the object immediately or at a
later date or to sell it. The defaulting purchaser cannot claim any
higher proceeds.
Article 10 Term for collection
10.1 The purchaser is obligated to take possession of the object
purchased and to collect it (or have it collected) within a term to
be indicated by the auctioneer. The ultimate term for collection is
five working days after the last day of the auction, subject to the
auctioneer's right to indicate a shorter or longer term.
10.2 If the purchaser fails to take possession of and collect the
object purchased (or have it collected) within the term set, the
purchaser will be deemed in default by operation of law and the
provisions contained in Article 9 will apply accordingly. The
auctioneer will also be entitled to have the purchased object stored
at the purchaser's risk and expense, in which context transport
costs and the related risks will also be for the purchaser's account.
Article 11 Unsold objects
11.1 If an object to be auctioned remains unsold, for a period
of ten days after the auction the auctioneer is entitled, but not
obligated, to sell the unsold object, unless a different agreement
has been made with the contributor.
11.2 The auctioneer will conclude such a sale after the auction
('aftersale') only if that sale can be made for a price that results
in an amount that is at least equal to the net proceeds of sale to
which the seller would have been entitled if the object had been
sold at the reserve that applied to that auction, unless a different
agreement is made with the seller.
11.3 A purchase by a purchaser within the meaning of this Article
will be deemed a purchase at auction that is governed in full by
these General Terms and Conditions.
Article 12 Auctioneer's liability
12.1 The auctioneer will in no event be liable for damage to
picture frames, other frames and any related objects such as glass
plates, passepartouts, etc., unless the damage is caused by an
intentional act or wilful recklessness on the part of the auctioneer
and/or assistants or staff members whom the auctioneer engages.
12.2 The auctioneer will in no event be liable for loss of profits,
consequential loss, pecuniary loss and/or indirect damage.
12.3 The auctioneer is not liable for any matters resulting from
the Law on Heritage (Erfgoedwet), including obtaining an export
license for any lot bought at auction nor the resulting costs for the
buyer.
12.4 The auctioneer will in no event be liable for any accident or
any form of damage that anyone incurs in or near the buildings or
sites intended for contribution, storage or viewing, or where the
auction is held or goods sold can be collected, unless the damage
is caused by an intentional act or wilful recklessness on the part
of the auctioneer and/or assistants or staff members whom the
auctioneer engages and/or insofar as the damage is covered by the
auctioneer's insurance.
12.5 Buildings or sites are entered at one's own risk.
Article 13 Photographs and illustrations
13.1 The auctioneer is entitled to photograph, illustrate or otherwise
portray, depict or cause the depiction of all objects offered
for sale, in any manner whatsoever, before, during or after the
auction, with due observance of applicable statutory provisions.
The auctioneer retains the copyright on all such depictions.
Article 14 Miscellaneous
14.1 If any provision contained in these General Terms and
Conditions is null, nullified or non-binding, the other provisions
will continue to apply in full. In the event that one or more provisions
are null, nullified or non-binding, the purchaser and the
auctioneer will agree on replacement provisions that are valid and
that approximate the content and purport of the null, nullified or
non-binding provision(s) as closely as possible.
14.2 To all agreements and service between the auctioneer and the
bidder and/or buyer only Dutch law is applicable.
14.3 All disputes with respect to, arising from or related to a
contract of sale concluded by the auctioneer and the purchaser,
the conclusion of a contract of sale or these General Terms and
Conditions will be submitted for resolution exclusively to the
competent court of Middelburg, the Netherlands, subject to the
auctioneer's right to submit the dispute to the competent court in
the purchaser's district.
