These conditions apply to all auctions of Arts & Antiques Group, v / h Glerum Kunst- en Antiekveilingen BV (hereinafter referred to as 'AAG'). Anyone who participates in the auction indicates that he accepts the applicability of these terms and conditions.
The applicability of these conditions will be made known to the participant at the start of the auction.
In these general auction conditions the following terms have the following meanings:
a. Auction: the sale by public auction of the lot;
b. Lot: the movable property or composition of movable property auctioned under one number;
c. Bid: by a bidder on an amount offered in the auction;
d. Bidder: the person who makes a bid in the auction;
e. Buyer: the bidder to whom a lot is allocated;
f. Allotment: the statement of the auctioneer by which a bid is accepted and which establishes the purchase agreement between the submitter and the buyer
g. Consignor: the person who has offered the lot to AAG for auction;
h. Hammer price: amount for which the lot has been allocated to the buyer by the auctioneer;
i. Purchase price: hammer price plus a surcharge for premium and VAT and, if applicable, with resale rights owed.
Depending on the height of the hammer amount, the buyer will be charged a premium as follows:
|Up to € 20,000||29,6%|
|€ 20.001 - € 200.000||25%|
|From € 200.001||20%|
The VAT on this is deducted from the premium.
- Every offer is unconditional and irrevocable.
- The person who makes a bid for the auction is regarded as the bidder, even if he declares that he has not made a bid for himself.
- If a buyer has bid on the instructions or at the expense and risk of one or more others, these are or are jointly and severally bound in addition to the buyer for the obligations resting on the buyer by virtue of these auction conditions.
- AAG is entitled to change the order of the lots to be auctioned, to merge or split lots, to remove one or more lots from the auction and to provide additional or different information about the lots during the auction.
- The auction takes place in increasingly higher bidding steps to be indicated by the auctioneer; By submitting bids, the last bid is automatically increased to the next bidding step.
- The auctioneer has the right, without stating reasons, not to recognize a bid as such and to continue the bidding.
- The auctioneer is entitled to make bids on behalf of interested parties not present at the auction.
- The opinion of the auctioneer regarding everything that occurs during the auction and regarding the interpretation or application of the General Auction Conditions during the session is - by way of binding advice - decisive.
- AAG guarantees that, unless explicitly stated during the auction, each lot corresponds to its description in the catalog.
- The buyer is entitled to demand dissolution of the purchase and is entitled to a refund of the purchase price if he can properly demonstrate within 30 (thirty) days after the auction that the lot has so serious defects or the description provided is so incorrect that if these defects whether the incorrect description had been known to the buyer at the time of the auction, whether he would have abandoned the purchase or only bought at a significantly lower price.
- The buyer does not have the aforementioned right if the defect or inaccuracy of the description was made known during the auction or if it arose after the time of allocation.
- A lot is sold and passes to the buyer in the condition it was in at the time of allotment.
- From the moment of allocation, the lot is immediately and entirely at the expense and risk of the buyer.
- The delivery of the lot to the buyer or his authorized representative takes place after AAG has received the purchase price.
- The purchase price must be paid to AAG no later than three days after the auction, failing which the buyer will owe compensation for the costs of transport, storage and insurance, plus interest equal to the statutory interest. This interest is calculated from the date of the auction until the day of full payment.
- AAG has the right to put sold, not collected goods in storage after five working days at the expense of the buyer.
- If the buyer has not or not fully paid the purchase price 30 (thirty) days after the auction, he is in default and AAG is entitled to immediately take recovery measures, or to consider the purchase agreement dissolved and the lot, either publicly or privately. to sell.
- The negligent buyer is liable for the damage suffered by AAG as a result of the dissolution and sale as referred to above and is never entitled to additional proceeds from such sale.
- All costs that AAG reasonably had to incur in connection with the failure by the buyer to fulfill any obligation arising from these terms and conditions are at the expense of the buyer.
- VAT is only charged on the premium and any other costs in application of the so-called margin scheme. VAT on the premium is already included in the purchase price as referred to in these conditions. Buyers who qualify for this can also request that the hammer price be included in the levy of VAT. In the case of lots, which have been imported into the European Union for auction, the hammer price is always included in the levy of VAT; the lots concerned are indicated in the auction catalog with (*).
- The legal relationship between the buyer (s) and AAG is governed by Dutch law.
- In case of differences between the Dutch text and any foreign translations of these terms and conditions or of the auction catalog, the Dutch text is decisive.