Conditions of Sale
Terms and conditions of sale BV Kunst in de kerk, Maison Jules auction house
The absence of any reference to the condition of a lot does not imply that the object is in good condition or free from damage, defects, or restoration.
Potential buyers are reminded that all goods are sold in the condition in which the lot is at the time of allocation. Maison Jules auction house organizes various viewing days so that potential buyers can ascertain the condition of the works for themselves.
By entering into any agreement with us or attending an auction, viewing day, or similar event, the buyer/bidder accepts the applicability of these terms and conditions of sale to all contacts you have with BV Kunst in de kerk, auction house Maison Jules.
Please note that BV Kunst in de Kerk, auction house Maison Jules generally acts as the seller's agent. Every sale that is concluded results in a direct agreement between the buyer and the seller.
The auction is organized by BV Kunst in de Kerk, auction house Maison Jules.
Address: Heilig-Kruisplein 10, 9040 Sint-Amandsberg, België
VAT BE 0536.371.693
Bank account ING BE09 3631 2154 2757 (BV Kunst in de kerk)
Concerning the buyer
1. The auction is conducted by bidding in accordance with the conditions customary in Belgium.
2. Payment must be made no later than the fifth working day after the last auction day. Amounts of €3,000 or more can only be paid by transfer to our account or by card (Maestro, no credit cards). For payments by bank transfer, the buyer must ensure that we receive the net amount and that no bank charges are incurred by us.
If a purchase is not paid for within the fifth working day after the last auction day, a reminder fee of €25 and storage costs may be charged (see point 15).
3. Bidding procedure: bidding takes place according to the following steps:
50 - 100 euro: + 10 Euro
100 - 300 Euro: + 20 Euro
300 - 700 Euro: + 50 Euro
700-2000 Euro: + 100 Euro
2000-5000 Euro: + 200 Euro
5000-10.000 Euro: + 500 Euro
10.000 - 20.000 Euro: +1.000 Euro
20.000 - 50.000 Euro: +2.000 Euro
<50.000 Euro: +5.000 Euro
4. The auction fees amount to 26%. For online bids, the commission is 29-31%, depending on the bidding platform used. In addition, there is an administration fee of €3 per lot. The commission must be paid by the buyer.
5. The resale right applies to artists from countries that are members of the European Union and countries outside the EU where the resale right applies under the law, up to 70 years after the artist's death, for lots with a hammer price of €2,000 or more.
The amount of the resale right is determined as follows:
4% on the portion of the sale price up to €50,000;
3% on the portion of the sale price from €50,000.01 to €200,000;
1% on the portion of the sale price from €200,000.01 to €350,000;
0.5% on the portion of the sale price from €350,000.01 to €500,000;
0.25% on the portion of the sale price above €500,000.
However, the maximum amount of the duty may not exceed €12,500.
Invoices drawn up during or immediately after the auction will remain subject to special review and correction due to overloading of the accounting system.
6. The goods are sold in the condition they are in at the time of the auction.
7.a. All information provided by us, whether in writing (catalog condition reports), digitally, or verbally, is purely informative and not binding. It is only an opinion and is provided to the best of our ability. The absence of any reference to the condition of a lot does not imply that the object is in good condition or free from damage, defects, or restoration. The buyer must ascertain the nature, date, and overall condition of the goods during the viewing days organized by the auction house prior to each auction. Therefore, no complaints will be accepted after the allocation.
If BV Kunst in de kerk, auction house Maison Jules, receives notification from the buyer of a lot within 21 days of the auction that the authenticity of the lot is disputed, BV Kunst in de kerk will, if it is convinced that the complaint is justified, contact the seller and, if necessary, act in accordance with Article 12 of the terms and conditions of sale, whereby the buyer grants BV Kunst in de kerk power of attorney for this purpose.
7.b. Refund: if, for any reason whatsoever, BV Kunst in de kerk, auction house Maison Jules, proceeds to refund the funds already paid to it, no interest whatsoever may be charged on this. If the goods have been shipped, the costs thereof cannot be recovered.
8. BV Kunst in de kerk, auction house Maison Jules, has the right at all times during the auction to refuse a bid, to allow bids to expire at its own discretion, to allocate a lot subject to reservation, not to auction a lot listed in the catalog, to
combine lots, or to change the order of the works to be auctioned.
9. Each visitor is liable for any damage caused to the items on display and lots, even if this occurs accidentally and/or involuntarily. The provisions of Article 2280 of the Civil Code also apply to this public auction.
10. During or after the auction, no goods will be handed over unless the auctioneer states otherwise. The allocated lot will not become the property of the buyer until the total sale price has been paid. The buyer must collect the purchased goods at their own expense and risk during the specified collection days and no later than 10 days after the auction. The goods will be transferred in the condition in which they are at the time of allocation, with all visible and hidden defects. Great care is taken with the allocated items, but after allocation, BV Kunst in de kerk, auction house Maison Jules, or anyone in its service, is not liable for loss or damage. After the fifth working day following the auction, additional insurance costs and storage costs are entirely at the expense of the buyer. Any transport of purchased lots will be arranged by the buyer themselves on their own responsibility.
11. Every buyer must identify themselves. A bid number can be obtained during the viewing days and before the auction. Identification means that we take a copy of your ID and/or you provide us with your personal contact details (name, email, phone number).
12. Participants are assumed to be purchasing on their own behalf. Bids are binding. The auctioneer has the right to refuse bids, change the order of lots, withdraw lots, or combine lots.
13. In the event of any dispute during the auction, only the bailiff is authorized to settle the dispute immediately. His decision is final and cannot be appealed.
14. Collection or delivery of the purchased goods is only possible after full payment has been made. Collection dates will be announced during the auction, but the collection period is limited to a maximum of 10 days after the auction. Collection will only take place at the location(s) and times announced by the auction house.
Upon expiry of this period without collection or in the event of non-payment by the buyer, the auction house reserves the right, at its discretion, to:
a) consider the agreement legally dissolved;
b) re-auction or privately sell the lots;
c) have the lots removed, stored by third parties, or destroyed;
d) charge a storage fee of €12.1 per week per lot.
15. The auction house cannot be held responsible for any poor internet and/or telephone connections and all consequences arising therefrom. Nor is it responsible for the accessibility of buyers on the telephone number(s) provided by them. The auction house cannot be held responsible for the allocation or non-allocation of a lot due to an administrative error. Nor is the auction house responsible if, in exceptional circumstances, an incorrect purchase confirmation is sent by the system or via the bidding platform. The customer will be notified at that time.
16. Foreign buyers must provide us with their full identity details at least two days before the auction. A bank guarantee may be requested from a bank recognized in Belgium. This will serve as collateral in the event of non-payment or failure to purchase.
17. The auction house is not responsible for the transport and/or shipment of the purchased goods. Customers who wish to have their goods shipped either nationally or internationally can be put in touch with one of our shipping partners.
18. All buyers and sellers are deemed to have taken note of these terms and conditions, thereby automatically agreeing to them.
19. KYC: Know Your Customer vereiste informatie.
Anti-money laundering legislation stipulates that as soon as one or more purchases or sales exceed a total of €10,000, both buyers and sellers of works of art must comply with the know your customer (KYC) principle. This means that we must obtain information about the buyer.
Private individual:
If the seller or buyer is a private individual, a copy of their identity card and proof of residence are required.
Companies:
If the seller or buyer is a company, a copy of the identity card and proof of residence of one of the directors, proof of address of the registered office, the name and date of birth of all directors and the UBOs (ultimate beneficial owners) are required.
20. In all disputes of any nature whatsoever, only Belgian law applies and the Court of Ghent has exclusive jurisdiction.
Online buyer premium
3% on hammer price for online bidder on the top of auction house buyer's premium
Condition report
Please always ask for a condition report before bidding by sending an e-mailing to [email protected].
Accepted Forms of Payment
Accepted Forms of Payment
COD (cash on delivery), MasterCard, Visa, Wire Transfer
commission for payment by credit cards +2% ( included in the sales commission )
Important :
Payments for lots must be done within 5 working days after the last day of auction. Amounts from €3.000 can only be paid by means of bank transfer or card payment
Shipping Terms
The auction house is not responsible for the transport and/or shipment of the purchased goods. Customers who wish to have their goods shipped either nationally or internationally can be put in touch with one of our shipping partners.
Additional administration fee
3 euros is due for each lot sold
