Auktionsbedingungen und Wichtige Informationen

General Terms and Conditions of Sale – Guette’s Auction

Participation in any auction organized by Guette’s Auction—whether in person, online, live, or via registration on a sales platform—constitutes full and unconditional acceptance of these General Terms and Conditions.
These terms govern all transactions conducted through Guette’s Auction House. They are available on our website and can be provided upon request.

1. Registration and Buyer Identification
The Buyer is the person designated as the highest bidder for a lot at the end of the sale. Before bidding, the Buyer must provide Guette’s with valid ID along with personal and banking details. Failure to do so may result in denial of participation. The Buyer is responsible for verifying the accuracy of the information provided during registration.

2. Sale Price and Fees
The sale price consists of the final hammer price, plus buyer's premium and other applicable charges:

• 25% excl. VAT for bids up to and including €100,000

• 20% excl. VAT for the portion exceeding €100,000

These fees are payable upon adjudication. The sale is concluded between the Buyer and the Seller. Additional fees may apply when using third-party platforms (Drouot Digital, Interencheres, Invaluable, etc.).

Guette’s applies the special VAT margin scheme for second-hand goods, artworks, collectibles, or antiques. The VAT included in the price is not deductible for the Buyer.

3. Artist's Resale Right (Droit de Suite)
In accordance with applicable laws, an artist’s resale right applies to original works of art resold for over €2,000. Based on the hammer price, the following rates apply:

• 4% for €0–€50,000

• 3% for €50,001–€200,000

• 1% for €200,001–€350,000

• 0.5% for amounts above €350,000

This applies to original works by artists from countries that are signatories to the European directive and produced in limited quantities.

4. Payment
Full payment (hammer price + buyer’s premium + applicable resale rights + other fees) must be made within five (5) days after the sale.

Accepted payment methods:

• Bank transfer

• Credit/debit card

• Cash (within legal limits)

Delivery will occur after payment is received in full.

5. Collection of Lots
Lots will be released only after full payment. Collection must be made by appointment, within the stated business days following the auction. Storage fees apply after this period:

• €5/day for small items

• €15/day for large items (furniture, sculptures, etc.)

All collection is at the Buyer’s own risk. Guette’s declines any liability for loss or damage after adjudication.

6. Non-Payment and Failure to Collect
Late payments will incur 1% monthly interest starting from day 7. In case of failure to collect, Guette’s may:

• Apply storage charges

• Resell the lots at the defaulting Buyer’s risk and expense

• Cancel the sale, with incurred fees remaining due

7. Lot Descriptions
Lots are sold as-is. No guarantees are given on condition, origin, authenticity, or attribution. Buyers are encouraged to inspect lots during public exhibitions. Descriptions are for reference only and do not constitute a legal guarantee. No claims will be accepted after adjudication.

8. Absentee and Telephone Bids
Absentee bids (written) or phone bids must be received by Guette’s at least 24 hours before the sale. Guette’s cannot be held responsible for technical failures or communication errors.

9. Governing Law and Jurisdiction
These terms are governed by Belgian law. Any dispute regarding validity, interpretation, or execution falls under the exclusive jurisdiction of the courts of Brussels.

10. Changes to Terms
Guette’s reserves the right to modify these terms at any time. The terms in force at the time of the sale will apply to that transaction.

11. Personal Data Protection
Guette’s collects and processes personal data in accordance with the EU General Data Protection Regulation (GDPR – EU 2016/679). Data is used solely for auction management, billing, customer communication, and legal compliance. Some data may be shared with logistics partners solely for the delivery of purchased items. Buyers may request access, correction, deletion, opposition, or portability of their data by contacting: contact@guettes.be.

12. Online Bidding – Third-Party Platforms
When sales are accessible through partner platforms (LiveAuctioneers, Invaluable, Drouot Digital, Interencheres, etc.), extra fees may apply. Guette’s disclaims liability for any technical malfunction, transmission error, or service unavailability. Bids placed through these platforms carry the same contractual value as in-person or phone bids.

13. International Buyers – Customs Formalities
For lots exported outside the European Union, all customs duties, import taxes, and administrative procedures are the sole responsibility of the Buyer. Guette’s is not liable for any delays, blocks, or additional costs due to customs procedures in the destination country.

14. Applicable Language
These conditions are written in French. In the event of discrepancies between a translated version and the French version, the French version shall prevail.

15. Insurance, Transport, and Liability
Lots are at the Buyer’s risk from the moment of adjudication. It is the Buyer’s responsibility to arrange any additional insurance. Guette’s is not liable for loss, theft, or damage after the sale, including during storage, handling, or transport, except in cases of proven gross negligence.

16. Amicable Dispute Resolution
Before taking legal action, parties agree to seek an amicable resolution in case of dispute. If unresolved within 30 days of written notification, the courts of Brussels will have sole jurisdiction.

17. After-Sale and Follow-Up Communication
Guette’s may offer unsold lots after the public sale through after-sale agreements, at or above the original reserve price. In this context, a supplementary catalog may be sent electronically or physically to registered bidders and previous contacts. Buyers in after-sales are subject to the same terms and conditions as during the public auction.