Fireplace in red marble 19th H107x125x36

General purchase and sales conditions

Auction House Infinitas BV

 1. Applicability of the Terms

These terms and conditions apply to any auction/sale by Infinitas BV, KBO 0765.711.763, with registered office at 7782 Comines-Warneton, 15 Rue du Rossignol (hereinafter referred to as “the auction house”). No other conditions are against the auction house, unless expressly deviated from in writing with the agreement of the auction house.

These auction conditions take precedence over any general conditions of the bidder, buyer, seller or supplier.

Participation in the auction implies agreement with these terms and conditions, both in the capacity of bidder/buyer and seller-supplier.

If reference is made hereinafter to a website, it is meant that of the auction house, which currently has the URL: www.infinitas-antiques.com , or any other website managed by the auction house in function of auctions.

Registration as a bidder/buyer on the website implies the unconditional approval of these terms and conditions.

2. Seller-supplier

2.1

Seller-supplier is understood to mean the person or company that sells or consigns the goods to the auction house with a view to sale at a public sale (auction).

2.2

The auction house reserves the right to refuse goods, combine lots or remove lots, without being held accountable for this.

2.3

Unless otherwise agreed with the seller-supplier, the auction house is entitled to a commission of 10% on the final allotment price paid by the highest bidder on the public sale. This commission is deducted by the auction house from the price paid by the buyer.

2.4

If a seller-supplier bids on the public sale on its own goods, it acquires the status of bidder/buyer and the conditions of sale as set out in Article 3 apply.

2.5

The transport of the goods to the auction house is always at the expense of the seller-supplier.

2.6

If the goods are not sold at the planned public sale, the seller-supplier will be notified in writing within 48 hours.

The seller-supplier then has the choice to have the goods relisted at a subsequent public sale or to take them back: the auction house has the right to no longer offer unsold goods again and to refuse them definitively.

In the event of non-offer, the goods must be collected by the supplier no later than 14 days after notification of the non-sale.

If the goods are not collected on time, the seller-supplier will owe a storage fee of 25 €/day.

Until evidence to the contrary by the seller-supplier, the goods are deemed to be in the same condition when they are returned by the auction house as when they were delivered by the seller-supplier.

2.7

Under no circumstances can the seller-supplier address the auction house for payment of the credits (sales price of the good less the auction house's commission and any storage fee) until the auction house itself has received the full price from the buyer.

No later than 14 days after receipt of the full price, the auction house will transfer the credit to the seller-supplier to the agreed bank account.

2.8

If the goods are not delivered to the auction house by the seller-supplier at the latest at the agreed time, the auction house will be liable for compensation equal to the commission calculated on the value of the goods estimated by the auction house.

3. Buyer and conditions of sale

3.1

The buyer is the bidder to whom the lot is allocated after placing the highest bid (the allotment price); allocation is always subject to approval by the seller-supplier.

If the seller-supplier decides not to allocate, it will owe the auction house the agreed commission on the price offered.

3.2

The price to be paid consists of the allotment price, plus the costs of the auction and VAT. The auction costs consist of a commission of at least 25% on the allocation price and an exit fee of € 2 per lot, both to be increased with VAT.

3.3

Each buyer/bidder must identify himself by means of his/her identity card at least 48 hours prior to the public sale. If the bidder is not in possession of a Belgian identity card, a valid passport must be presented.

If the bidder is a company, it must identify itself by its company number at least 48 hours prior to the auction.

The auction house and/or the bailiff appointed by it has the right to check the identity of the bidders via external databases in order to monitor the correctness of the data upon registration. They also have the right to check the location from which you are logged in via your IP address. They can exclude any bidder at any time for reasons of misuse of the website, making false bids. The auction house is not obliged to give a reason for such exclusion.

4. Conduct of the public sale (auction)

4.1

Every bid made is binding on the bidder, even if his bid is exceeded.

If the auction house decides to reject the bid of the highest bidder, the highest previous bidder will be designated as the buyer. The auction house is not obliged to give a reason for refusal/exclusion.

Once the goods are allotted, the bidder is bound to buy the goods at the allotment price; the risk of the lot passes to the bidder/buyer at that time.

The buyer is deemed to have purchased the goods directly from the seller, the auction house is only an intermediary. For the price to be paid, reference is made to Article 3.

4.2

A bidder can place bids by telephone, but must be notified to the auction house 48 hours prior to the public sale. Bids made by telephone are binding on the bidder.

4.3

A bidder can authorize someone to participate in the auction for him and to bid for him (purchase order). The bids made are jointly and severally binding on the bidder who has given the authorization with his client.

4.4

For lots with a value of more than €500, the bidder/buyer can request to be called during the auction. This must be communicated to the auction house at least 48 hours prior to the public sale.

The procedure is as described on the auction house's website.

4.5

The bidder/buyer can make a written offer for all lots. This must be communicated to the auction house at least 48 hours prior to the public sale. The written offer is only valid after approval by the auction house. In the written offer, a maximum amount is described as the allotment price. The written offer is binding on the bidder. If the bidder is awarded the goods, he owes a commission of 25% on top of the allotment price.

The procedure is as described on the auction house's website.

4.6

The bidder can also bid online by registering through the auction house's website prior to the public sale. The auction house has the right to refuse a registration/bidder without having to justify this. If the bidder places the highest bid in this way and is awarded the goods, a commission and exit fee will be charged on each lot in addition to the allotment price. The amount of commission depends on the online partner of the auction house. Unless otherwise stated, this is 25%

The online bid is binding on the bidder.

During the auction, the auction house and/or the bailiff appointed by them can contact the bidders and request that they immediately demonstrate their solvency and/or transfer an advance of up to 50% of the full purchase price. In the event of refusal to pay an advance and/or in the event of insolvency, they can immediately exclude the bidder from the auction and cancel the bid.

The registration data provided will be processed and stored by the auction house.

The bidder/buyer authorizes the auction house to use the registration data provided for invoicing during sales, mailing, newsletters and customer management. The bidder/buyer accepts that the personal data / company details are communicated to the client when processing the auction / invoicing with regard to his bids / purchases / takeover.

4.7

If bids are made in different ways (present in the room, by telephone, in writing) for the same amount, the bid of the bidder who is personally present in the room wins.

4.8

The auction house can in no way be held liable for a faulty mobile connection for possible telephone, internet interruptions, various communication disorders and any damage resulting from this. The auction house is not liable for any mistakes made by the bidder (such as, but not limited to: making an incorrect written bid, entering an incorrect telephone number, etc.) or the person authorized by him.

4.9

If an original work of art is sold at the public sale that is subject to a resale right in favor of its original author, ex art.XI.175 ff WER, this resale right is fully borne by the buyer and the buyer owes it on top of the allotment price.

The resale right is calculated on the sales price excluding taxes, provided that it is at least €2,000; the amount of the resale right is determined as follows:

4% on the part of the sales price up to and including €50,000

3% on the part of the sales price from €50,000.01 to €200,000

1% of the part of the sales price from €200,000.01 to €350,000

0.5% of the part of the sales price from €350,000.01 to €500,000

0.25% of the part of the sales price €500,000

The maximum amount of this resale right may not exceed €12,500.

The sale will be reported to the platform within one month after the sale as described in art.XI.178 WER.

4.10

The buyer must collect the goods by appointment from the auction house no later than 14 days after purchase (place the highest bid on the public sale).

4.11

The auction house reserves the right at all times during the public sale to set a minimum bid at any time and without providing justification, to cancel the sale immediately, to split lots, to merge lots, to draw lots. withdraw the sale, relist lots, reject bids without giving reasons, withhold lots and exclude bidders from sale.

5. Payment

5.1

The allocated lot must be paid in full no later than 14 days after purchase (place of the highest bid on the public sale). The buyer only pays legally and liberatingly to the auction house. Goods cannot be picked up until after full payment; as long as full payment has not been received, the goods remain the property of the seller-supplier. The auction house has a lien until full payment. Payment can be made at the latest upon collection of the goods. If it has been agreed that the auction house will deliver the goods, this will only take place after full payment. The costs for delivery are borne by the buyer.

5.2

The buyer can pay in cash up to € 3,000.00.

Higher amounts must be paid by bank card or bank transfer (with due observance of Article 5.1).

5.3

No goods will be given to the buyer during the public sale.

6. Non-payment

In the event of non-payment no later than 14 days after purchase (place of the highest bid on the public sale), the buyer is legally and without notice of default owed on top of the purchase price a fixed and irrevocable compensation of 10% on top of the purchase price and late payment interest at 10% per year. .

The compensation owed will in no case be less than 50 euros.

If the buyer is a consumer, he is entitled to the same compensation from the auction house in the event of default.

Failure to comply with these payment conditions gives the auction house the choice either to collect the purchase price with the aforementioned increases, or to consider the sale as dissolved; in the event of dissolution at the expense of the buyer, the latter will owe the auction house compensation of 25% of the allotment price, without prejudice to the auction house's right to prove higher damage.

In the event of dissolution, the auction house has the right to offer the goods again at another public sale.

7 Liability

7.1

The bidder/buyer accepts that the goods are sold in the condition in which they are, with all their visible and invisible defects and any errors, without any guarantee.

The auction house does not accept any liability for the condition of the goods; the bidder/buyer accepts that no right of recourse is possible.

7.2

The bidder/buyer accepts that any description of the goods in catalogues, advertisements, website, brochures, social media, etc… is purely indicative and informative and does not imply any obligation of result on the part of the auction house. The bidder/buyer cannot address the auction house for any errors in this description or in the estimate of the goods. Nor can the auction house be held liable with regard to the author, signature, date, provenance, attribution, origin, authenticity and/or condition of the goods.

7.3

The bidder/buyer who bids is deemed to have viewed and examined the goods and thus to sufficiently know the subject of the bid/purchase.

7.4

The risk of the goods passes to the buyer at the time of assignment (Article 4.1). The auction house is therefore not liable for damage of any kind (eg water damage, fire, etc…) that occurs after the allocation.

7.5.

The transport of the goods is at the buyer's expense, both in terms of cost and risk.

The auction house has fulfilled its obligation to deliver by handing over the goods to the first carrier for shipment to the buyer.

The goods always travel at the buyer's risk.

Unless the carrier immediately protests, the auction house is deemed to have delivered the goods to the carrier in the same condition as at the time of sale.

If the auction house were to be asked by the buyer to also arrange for the transport of the goods and would exceptionally agree to this, then the auction house should be regarded as an agent of the buyer with regard to the organization of the transport with regard to the transport.

The transport agreement is deemed to have been concluded by the buyer and the goods travel at his risk and expense.

8. Privacy

The auction house undertakes to process the personal data of each bidder in accordance with the Belgian Privacy Act and the General Data Processing Regulation. The privacy statement can be consulted on the website.

 9. Competent Courts and Applicable Law

The courts of Tournai have exclusive territorial jurisdiction for any dispute. The applicable law is Belgian law. The original applicable terms and conditions are drawn up in Dutch.