Buste signé Arthur Dupagne (1895-1991) en terre cuite

GENERAL CONDITIONS  

These general conditions apply to all public auctions organized by A2 Services & Consulting SRL registered with the Banque Carrefour des Entreprises under number 0687.835.017 whose head office is located at Rue de Basse-Biez 9 at 1390Grez-Doiceau, hereinafter referred to as “Hotel de Ventes du Brabant”. 

Any participant is supposed to know the general conditions without reserve (s) and to accept them by the simple participation in theauction. The seller is deemed to accept them by themerefact of depositing the goods. The buyer is deemed to accept them by themerefact of his participation in the sale. 

These conditions areavailable at the sales room at Chaussée de Louvain 507, 1300 Wavre on the website www.hotelventesbrabant.be as well as on theHotel de Ventes du Brabant forms.Any derogation from the conditions is only opposable to Hotel de Ventes du Brabant subject to written confirmation on its part. All disputes to which a deposit or sale could giverise will be exclusively subject to the jurisdiction of the courts of Nivelles (BE). 

In the event of cancellation, invalidation or non-application of all or part of an article of thegeneral conditions for any reason whatsoever, the other provisions will remain applicable.  

CLAUSE RELATING TO THE DESCRIPTION OF LOTS  

The descriptions of the goods are considered purely indicative and do not in any way engage the responsibility of Hotel de Ventes du Brabant.Hotel de Ventes du Brabant does not guarantee the accuracy of a description relating to the author, date, origin or provenance, dimensions, weight,condition or material of the lot. Buyers must ensure themselves before the sale, the nature of the lots and their material condition.Hotel de Ventes du Brabant can in no way be held liable for any violation of copyright or other intellectual property rights, nor for any other legal or regulatory offense related to the goods or lots displayed, put up for auction or sold in theHotel de Ventes du Brabant store and/or on the website. 

BUYER TERMS

The buyer will be the highest and last bidder. The buyer will payHotel de Ventes du Brabant the auction price of the lot in cash, plus 23%. A supplement of 3% to 5% will be charged for buyers choosingpartnerplatforms such asDrouot Digital, Lot-Tissimo, Salesroom, Auction.fr…. The buyer cannot dispose of the lots before their full payment. The buyer who wants an invoice for hispurchase must informHotel de Ventes du Brabant before his purchase. TheHotel de Ventes du Brabant auction house reserves the right to refuse any bid or withdrawal of lots without having to justify its decision and without any compensation being claimed. During the sale of certain original works, a resale right is due to the author or his heirs, provided that the author has not been deceased for more than 70 years. This resale right is calculated on the sale price excluding taxes, provided that it is at least €2,000 and amounts to: 4% for the portion of the sale price up to €50,000, 3% up to €200,000, 1% up to €350,000, 0.5% up to €500,000 and 0.25% beyond that, without the resale right being able to exceed €12,500 per work of art and per resale. 

CONDITIONS RELATING TO THE DEPOSITOR 

The depositor warrants Hotel de Ventes du Brabant that he is indeed the owner of the property he is putting up for sale and that it is free of any charges or hindrances of any kind. The depositor is solely responsible for defects and defects, even hidden, of the items sold, whether in good faith or not. If necessary, the depositor guarantees, for thirty years, Hotel de Ventes du Brabant against any recourse that third parties and, in particular, the buyers, would exercise against it on the basis of the foregoing, whatever the legal basis they invoke and indemnify Hotel de Ventes du Brabant up to the amount paid or reimbursed under this head, even voluntarily. The depositor expressly authorizes Hotel de Ventes du Brabant to withhold the commission of 15% of the hammer price as well as the €2.50 per lot for file management costs on the hammer price.In the event of a deposit - sale, the commission is 30% of the sale price as well as the management costs of €2.50 per lot. The object is then put up for sale for a period of 90 days. The depositor can request a reserve price not going below 200€. If the object does not reach the reserve thus agreed,Hotel de Ventes du Brabant may put the property back on sale by automatically reducing the reserve by 30%, unless the depositor has meanwhile taken back the property within the agreed period. Payment by bank transfer is executed within 30 days following full payment of the lots by the buyer.In accordance with the legislation in force, cash payments are limited to €3,000 per purchase slip (Book III, art 67, § 2 Code of economic law). The depositor does not have the right to bid on a good that he would have put up for sale, in person or by any intermediary whatsoever.In the event of a sale, the depositor will remain the owner of the objects until the moment of the auction, when their ownership will be directly andimmediately transferred to the buyer. In any case, the sellerretains ownership of the goods that are not sold. The removal of unsold items must be done within 10 calendar days of the sale.In the event of non-payment, for whatever reason, the depositor may only claim the return of the object, to the exclusion of any other compensation, Hotel de Ventes du Brabant then waiving its commission.In the event of a dispute or an error in the auction, the lot will be put up for sale again during asubsequent sale. The depositor grants Hotel de Ventes du Brabant all rights to photograph any object for use in its catalog, on its website or for advertising purposes. 

PAYMENT TERMS

The sale is payable in cash, by transfer or by debit or credit card and before removal of the lots.In accordance with the legislation in force, cash payments are limited to €3,000 per purchase slip (Book III, art 67, § 2 Code of economic law). Amounts from €3,000 can only be paid by transfer to our account. For payments by bank transfer, the buyer must ensure that we receive the net amount and that we are not charged any bank fees. Any buyer isdeemed to have acted for his ownaccount and held personally responsible for the lots that have been awarded to him in anycapacity whatsoever and must pay the amount inEuros before their collection. 

AMLD 5 CLAUSE – ANTI-MONEY LAUNDERING AND TERRORIST FINANCING 

Since January 1, 2022, the law imposes a certain number of administrative obligations on the side of both sellers and buyers for art transactions where the invoice amounts to more than 10,000 euros. From now on art dealers, auction houses, galleries, and intermediaries will have toprovide a certain amount of information concerning their customers before the sale can take place. The identification must be made before the operation (art. 30),by means of a copy of a supporting document (art. 27), generally, the identity card, thepassport or the statutes for thecompanies 

CLAUSE ON DELAYED INTEREST 

In the event of non-payment or collection within the set deadline. Hotel de Ventes du Brabant reserves the right to put back on sale the lots that have remained outstanding, for lack of payment or lack of collection, during asubsequent session, at the risk and peril of the defaulting buyer and this withoutremains prior. The buyer will be liable, without prior notice, forlate payment interest of 2% per month, from the end of the collection period. Any month started being due in full.Hotel de Ventes du Brabant reserves the right to apply the following additional measures in the event of non-payment or collection: keep any other lot sold during the same sale or during previous sales until the total amount has been paid; sell any property belonging to the buyer and on deposit at in order to collect the sum allocated to the payment of the amounts due by the buyer and refuse any subsequent bid made by the defaulting buyer or on his behalf. 

CLAUSE CONCERNING STORAGE, TRANSPORT, DELIVERY AND TRANSFER OF RISKS  

Hotel de Ventes du Brabant assumes custody of the objects returned to its premises and cannot be held responsible for the risks associated with the deposit and display of the lots, exceptin the event of intentional gross negligence.Hotel de Ventes du Brabant assumes no liability for any damage to frames and windows.In order to cover its liability for the above,Hotel de Ventes du Brabant takes out all-risk insurance cover, for its benefit. The transport of the lots is the responsibility of the buyer.Hotel de Ventes du Brabant is not responsible for damage or damage that may occur during the storage, packaging,handling or transport of the lotspurchased. 

WITHDRAWAL CLAUSE

 The withdrawal or delivery of the purchased goods is only possible after full payment. Collection dates will be communicated during the auction. Goods which are not collected at these collection times or for which no written agreement has been made for delivery are subject to a storage cost of 5 euros per day and per batch. Hotel de Ventes du Brabant reserves the right to put back on sale the lots that have remained outstanding, for lack of payment or lack of collection, during asubsequent session, at the risk and peril of the defaulting buyer and this withoutremains prior. 

CLAUSE ON THE PROCESSING OF PERSONAL DATA 

The private data ofitscustomers areprocessedin accordancewith the "General Data ProtectionRegulation" (GDPR).