Auktionsbedingungen und Wichtige Informationen

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Conditions of sale

Conditions of sale
The auction sales organized by the Auction
House Cornette de Saint Cyr Brussels are hereby
subject to the following conditions of sale:
Goods put up for sale
Potential purchasers are invited to examine the
goods that might be of interest to them during
the exhibits which are organized by the Auction
House Cornette de Saint Cyr before the auctions.
Condition reports may be requested from the
Auction House by letter, telephone or electronic
mail. They will be sent free of charge but are
to be used for information only. The reports will
include the artistic and scientific information
known to the Auction House at the date of the
sale and the latter will not accept any responsibility
for errors or omissions.
The descriptions to be found in the catalogue are
drawn up by the Auction House and where applicable
by the expert who assists the former, subject
to notices and corrections given when the lot
is presented and included in the bill of sale. Sizes,
weights and estimates are given for information
purposes only. The colors of the works included
in the catalogue may vary due to printing techniques.
The lack of information on the condition of the
goods in the catalogue will by no means imply
that the lot is in a perfect state of preservation
or free from restoration, wear, cracks, relining or
other imperfection.
The goods are sold in the state they are found at
the time of sale.
As the prior exhibit has enabled potential purchasers
to examine the object, no claim will be
accepted once the hammer has gone down.
The indications appearing on the catalogues, advertisements,
brochures and any other written
material produced by the Auction House Cornette
de Saint Cyr Brussels should be considered
as simple indications and are not binding in any
case. They do not guarantee the exactitude of a
declaration relative to the author, origin, date,
age, attribution, estimates, weight, sizes or material
state of the lot. Consequently buyers must
verify for themselves the nature and material
states of the lots.
Any claim must reach the Auction by recorded
latter not later than 8 days after the retrieval
of the object or cannot be considered. In any
case, for sales subject to article 1649 quarter of
the Belgian Civil Code, the seller answers to the
consumer for any fault of conformity that exists
when the good is delivered or which appears
within a delay of one year of this date; the buyer
must inform the seller of the existence of a fault
of conformity within a delay of two months of
noticing the fault.
ln the event of a withdrawal of an article prior to
the sale by a depositor and after the publication
of the catalogue or, in the event of a modification
to the minimum price rendering it impossible to
put the article up for sale immediately, the seller
will be obliged to pay the purchaser and seller
fees calculated on the basis of the median estimate
stipulated in the catalogue to the Auction
House Cornette de Saint Cyr Brussels by way of
compensation. The article which has been withdrawn
will not be returned to the seller until the
aforementioned fees are paid. If no payment is
forthcoming, the article will be put up for sale
once again in line with the terms of the initial
sale requisition.
Auction sales
The auction sales are carried out in the order of
the catalogue numbers. The bidders are invited
to make themselves known to the Auction House
Cornette de Saint Cyr Brussels before the sale to
ensure that their personal details are recorded
beforehand.
Bidders are generally present in the room.
However, any bidder who would like to place an
absentee bid in writing or bid by telephone may
use the form, intended for this purpose, to be
found at the end of the sale catalogue or on the
websites www.cornettedesaintcyr.be, www.cornettedesaintcyr.
com or www.cornette.auction.fr.
The form should be sent to the Auction House
Cornette de Saint Cyr Brussels together with a
bank identification slip [RIB in France] or bank
details at least two days before the sale.
The Auction House Cornette de Saint Cyr Brussels
will deal with auction sales by telephone and
absentee bids free of charge. In all cases, the Auction
House Cornette de Saint Cyr Brussels cannot
be held responsible for a problem with the
telephone link along with an error or omission in
the execution of the absentee bids received.
ln the event of two identical absentee bids, preference
will be given to the earliest absentee bid.
The bidder who is present in the room shall have
priority over an absentee bid should the two bids
be of equivalent amounts. The successful bidder
will be deemed to be the individual who has
made the highest bid. In the event of a double
bid which is confirmed as such by the auctioneer,
the lot will be put up for sale again and any or all
persons present will have the right to take part in
the second sale by auction.
Payment
Sales are to be paid for in cash and in euros. Payment
must be paid immediately after the sale. In
the event that the successful bidder has not given
their personal information before the sale, they
will be required to provide proof of identity and
bank details.
ln addition to the hammer price, purchasers will
be required to pay the following costs and taxes
per lot and per block:
- from 1 to 500 000 € : 30%
- above 500.001 € : 19%
For lots from countries outside the European Union,
import tax will be added as follows:
For lots with numbers preceded by the sign:
* additional tax at 6 % of the hammer price.
For lots with numbers preceded by the sign:
** additional tax at 21 %
of the hammer price.
The successful bidder may pay using one of the
following methods:
- in cash within the limits of the legislation in
force.
- by bank transfer.
- by certified cheque
- by credit card except American Express.
Failure to pay
In case of non-payment within 20 days of sale,
the full unpaid amount owed by the purchaser
will be increased automatically and without formal
notice by 15% in order to cover damages suffered,
with a minimum interest amount of €100.
A late payment interest on business transactions,
in accordance with the law of 02/08/2002, will
also be charged as of the due date of the invoice,
automatically and without prior formal notice.
The fact that this clause is applied will not hinder
the awarding of damages and costs for the legal
proceedings which will be required, and does not
exclude the article being put up for sale again in
a new auction, procedure called “folle enchère“
Within the framework of the folle enchère procedure,
the Auction House hereby reserves the
right to claim for the payment of the difference
between the initial hammer price and the subsequent
hammer price obtained from the folle
enchère procedure, if it is lower, together with
the costs incurred due to the second Auction sale
from the defaulting successful bidder.
The Auction House Cornette de Saint Cyr Brussels
hereby reserves the right to offset against the
amounts owed to the defaulting successful bidder.
Furthermore, the Auction House Cornette
de Saint Cyr hereby reserves the right to exclude
any or all successful bidder who has not complied
with these conditions of sale from its future
auction sales.
Collection of purchases
No lot will be handed over to the purchasers before
all of the amounts owed are settled.
ln the event of payment with a non-certified
cheque or by bank transfer, delivery of the articles
may be differed until receipt of the amounts
owed. As soon as the auction sale is concluded,
the articles will be placed under the purchaser’s
full responsibility.
With regard to the collection of lots which have
not been taken on the date of sale, you are advised
to contact the Auction House Cornette de
Saint Cyr Brussels beforehand on + 32 2 880 73
80
An appointment can be made to collect small
paintings and objects of art at Chaussée de Charleroi,
89 1060 Saint Gilles, Brussels from Monday
to Friday from 9.00 a.m. to 1.00 p.m. and from
2.00 p.m. to 6.00 p.m. (5.00 p.m. on Fridays). Fifteen
days of free storage is offered. Thereafter, it
will be invoiced at 36 euros inclusive of tax per
month and per lot, in other words 9 euros inclusive
of tax per week and per lot. If the article is
collected after the beginning of the week payment
for a full week will be requested.
Furniture and generally speaking any bulky articles
are kept at our partner’s warehouse. Storage
costs are to be paid by the purchaser and will be
invoiced directly by our partners to the purchaser
and in line with the tariffs in force. The Auction
House will not be responsible for the storage of
articles.
Transport of the lots is to be carried out at the
successful bidder’s expense and under their full
responsibility.
Governing law and jurisdiction
These conditions of sale are governed by Belgian
law. Any or all dispute relating to the wording,
validity and performance will be settled by the
court or competent jurisdiction in Brussels.