These terms and conditions apply to all submissions and any delivery of movable property intended for sale for sale by Arts & Antiques Group, v / h Glerum Kunst- en Antiekveilingen BV (hereinafter referred to as 'AAG'). By signing the receipt, the sender declares that he is aware of and agrees to these conditions. It is only possible to deviate from these conditions by explicitly mentioning it on the receipt.
In these general terms and conditions the following terms have the following meanings:
a. auction: the public auction of movable property;
b. lot: the movable property or composition of movable property to be auctioned;
c. consignor: the person who offers the lot to AAG for auction;
d. limit: the minimum amount agreed between AAG and the submitter, for which the lot may be allocated by the auctioneer;
e. receipt: the form that serves as proof that one or more lots have been handed over.
1. The sender authorizes AAG to sell the lot for auction in accordance with these auction conditions.
2. AAG undertakes to offer the lot for sale in a suitable auction and to sell the lot on behalf of the entrant to the party that makes the highest bid for it at the auction, unless this bid is below a limit agreed with the entrant.
1. The sender declares to be fully authorized to dispose of the lot and to indemnify AAG if AAG should be obliged to hand over the lot to a third party with a better right.
2. The sender is fully liable to AAG for the damage and costs that are caused by any deviation, inaccuracy, incompleteness or lack of information provided by the sender to AAG about the origin, condition and quality of the lot offered for auction.
1. AAG is free to determine whether, when and in which auction the lot will be offered for sale.
2. AAG has the right to make announcements about the lot to be auctioned at its own discretion and to distribute images thereof in the public domain.
1. AAG has the right not to sell the lot in an auction if the highest bid amount is too low in the opinion of the auctioneer.
2. AAG has the right to sell the lot in an auction below the limit as long as the difference between the allocated amount and the limit is at the expense of AAG.
3. AAG has the right to privately sell a lot that has not been sold in an auction, subject to the conditions agreed with the sender, or to re-sell it at another time.
1. Contrary to Article 4, the sender is entitled to take back an unsold lot in an auction against payment of costs already incurred and agreed upon by AAG.
2. If the sender withdraws a lot after the final collection date of a proposed auction, the sender will owe AAG compensation for lost commissions and premiums and for costs incurred and agreed.
1. The sender irrevocably authorizes AAG to allow the buyer of the auctioned lot to dissolve the purchase and to claim a refund of the purchase price, if the buyer, within one year after the auction date, demonstrates to the satisfaction of AAG such defects in the lot or in the description that the buyer, had they been known to him at the time of the auction, would have abandoned the purchase or would have bought only at a significantly lower price.
2. The sender irrevocably authorizes AAG to demand dissolution of a purchase and to take back the lot if the buyer of the lot is in default with regard to his payment obligations related to the purchase.
3. In the event of dissolution of the purchase pursuant to this article, the lot will be considered unsold and the sender is obliged to immediately repay to AAG that which has already been paid to him in this respect.
The consignor is entitled to the proceeds realized upon sale of the lot less the following:
1. a) Commission: For paintings, drawings, watercolors, graphics and sculptures a commission of 10% is payable to AAG. For all other goods a commission of 15% applies to AAG. A minimum of 100 Euro applies for each lot.
b) Illustration costs: For images of the lot in the auction catalog, a photo with a size of a quarter of a page is charged at 50 Euro, for half a page 150 Euro and for a whole page 250 Euro.
c) Transport costs: AAG will charge the costs actually charged by the carrier as transport costs.
d) Insurance costs: For insurance against loss or damage to the plot, AAG will charge a fixed cost surcharge of 1% over the hammer price or, if higher, the low valuation. The insurance is limited to goods that are in the auction house or in the warehouses of AAG and provides cover up to the amount over which the cost surcharge is calculated. AAG is not liable for damage to the frame.
e) Administration costs: AAG will charge an amount for administration costs per invoice.
f) Other costs: Any other costs will only be charged insofar as this has been expressly agreed by AAG with the sender.
g) Taxes: AAG is obliged to charge VAT on the commission and the costs to be charged, except for those relating to insurance.
2. Resale right: Any resale right payable with regard to the auctioned lot will be determined by AAG to the best of its knowledge and will be charged to the buyer as part of the purchase price. The risk of an additional assessment of the resale right is for the sender.
1. Payment transactions for the auctions to be held by AAG run exclusively through the Stichting Derdengelden Register Auction Holder AAG et al.
2. The consignor is not entitled to payment of the proceeds of a sold lot until after the buyer has fulfilled his payment obligation.
Dutch law applies to all legal relationships between the submitter and AAG. In case of differences between the Dutch text of these terms and conditions and any foreign translation, the Dutch text is decisive.