Omas 1997 "Return to the motherland" Hong Kong, fountain pen 18K gold.

Auction Terms

You are expected to have paid your purchase(s) within 7 days after the auction house has sent the invoice by email – please also check your spam. You can pay in cash, by debet/credit card (Visa, Master Card, American Express) or via bank transfer. Please note that the buyer's premium for LOTTISSIMO is 29,5% including VAT.

The buyer may pay and collect purchases right after the live auction sessions, or during the special pick up moments in the week after the auction. The auction house will only release the purchased good(s) to the buyer or shipping firm of his/her preference if the invoice has been paid.

Goudwisselkantoor Veilingen does NOT provide shipping and advises you to contact preferred shipper Easy2Send. This specialist firm takes responsibility for packaging and shipping on your behalf. Shipment and transport insurance costs are invoiced separately by the shipper and cannot be added to the invoice of the auction house.

Purchased items will be held for you free of charge for 10 days after the last auction date. If a purchase is not collected within the stipulated period, the auction house reserves the right to charge storage costs.

Opening hours of our head office and depot are Monday - Friday between 10:00 a.m. and 4:00 p.m.

Article 1 Applicability

1.1

These general auction terms and conditions are applicable to all auctions organized by AuctionNL BV, unless explicitly stated otherwise in a catalogue or communicated at the start and during an auction.

1.2

Any deviation from these general auction terms and conditions is only valid if it is agreed in writing between AuctionNL BV and the buyer.

1.3

The applicability of the auction terms and conditions is made known to visitors to the auction through publication via the internet, by the registration of the auction participant and on the AuctionNL BV website. Furthermore the auction terms and conditions are also available for inspection in the auction house. Everyone participating in an auction is consequently aware of the applicability of these terms and conditions and fully accepts them.

Article 2 Information and inspection obligation

2.1

Descriptions in the catalogues and all written or oral information is provided to the best of the knowledge of AuctionNL BV and its staff.

2.2

Prior to purchasing, the buyer should inspect the condition and the description of an object in the catalogue or via internet accurately and expertly and so form his/her own opinion about the extent to which the object matches its description. If specific shortcomings or defects are stated in the catalogue or on the internet, they are only intended as an indication and not as an exhaustive description from which the buyer cannot derive any rights.

2.3

AuctionNL BV accepts no responsibility for the accuracy of the description in the catalogue or for any inaccurate (oral) statements, except for those specified in article 6 of these terms and conditions.

2.4

The circulation figures and further particulars provided by AuctionNL BV are obtained from internationally known catalogues, professional literature, etc. We regard this data to be reliable, however we do not accept any liability if the contrary turns out to be the case.

2.5

Additional provisions apply to the purchase of goods that may contain materials covered by the CITES Convention, such as coral (used in jewellery), rosewood, ivory, tortoiseshell (sometimes incorporated into silver items) and other related materials. Buyers are expected to:

• know that exporting such goods outside the EU may require licenses.
• recognize that some countries have strict CITES rules.
• investigate the origin and provenance of the article independently.
• be aware that AuctionNL BV is not liable for legal consequences related to the purchase of goods containing materials that fall under the CITES Convention.
• understand that obtaining the necessary permits is always the responsibility of the buyer.
• seek additional advice on CITES regulations, if necessary, prior to purchase.

By bidding on and/or purchasing goods that may be covered by the CITES Convention, the buyer acknowledges and accepts the above conditions and restrictions. The buyer is solely responsible for any damages that occur as a result of any applicable conditions or restrictions.

2.6

It is the buyer's responsibility to find out for themselves prior to purchase if any additional duties or import tariffs apply to the purchase. AuctionNL BV cannot be held responsible for informing the customer about such matters. It is the buyer's responsibility to inform themselves of any additional charges that may apply when importing the purchased good.

Article 3 Bidding

3.1

Bids can only be made in Euros.

3.2

The buyer can bid in person. The buyer also has an opportunity to bid by placing a written commission bid (purchase order). These written bids can be entered on www.veilinghuisderuiter.nl. Other bidding methods, such as commission bids via internet or oral bids, are only available if they have been offered explicitly by AuctionNL BV

3.3

Written commission bids (purchase orders) need to be placed with AuctionNL BV 1 working day before the auction date. In the opinion of AuctionNL BV, these need to be unambiguous and clear. AuctionNL BV can refuse written commission bids without giving a reason.

3.4

AuctionNL BV can demand a guarantee deposit up to a maximum of 30% of the written commission bid from the one who has placed such a written commission bid. The guarantee deposit is returned to the bidder if he is not the buyer. The guarantee deposit is settled with the purchase sum to be paid if the bidder is the buyer.

3.5

If AuctionNL BV receives multiple written or online commission bids where the amounts to be bid are the same and these bids are the highest bids for the object then the object shall be sold to the person whose bid was received first by AuctionNL BV

3.6

If AuctionNL BV receives multiple commission bids for different amounts either in writing or via internet then the bidding is opened with the amount of the highest bid, either written or via internet.

3.7

The submitter of a written commission bid must ascertain from AuctionNL BV him- or herself whether his/her bid was ultimately knocked down.

3.8

The objects are auctioned to the highest bidder unless explicitly stated otherwise prior to the start of the auction.

3.9

AuctionNL BV rejects all liability for whatever reasons for the non-success of a written bid or a bid made via the internet.

3.10

The auction takes place by means of increasing bids: to 70 euro bids in increments of 5 euro, between 70 and 250 euro in increments of 10 euro, between 250 and 500 euro in increments of 20 euro, between 500 and 1500 euro in increments of 50 euro, between 1500 and 3000 euro in increments of 100 euro, between 3000 and 10000 in increments of 200 euro, between 10.000 and 20.000 euro in increments of 500 euro, between 20.000 and 40.000 euro in increments of 1000 euro, between 40.000 and 100.000 euro with increments of 2000 euro, between 100.000 and 250.000 euro with increments of 5000 euro and more than 250.000 euro in increments of 10.000 euro. The auctioneer has the right to deviate from these amounts. AuctionNL BV has the right to round up amounts for bids received in writing which do not fall within these scales. The minimum sum that can be considered as a ‘bid’ is 5 euro.

Article 4 Conclusion of the purchase agreement

4.1

The purchase is concluded with the definite knocking down to the highest bidder (buyer). The definite knocking down occurs when AuctionNL BV has accepted the bid from the buyer or has knocked down the object to the buyer.

4.2

If more than one person believes that he/she is the buyer then AuctionNL BV decides about the knocking down or the bidding is reopened.

4.3

All objects are sold in the condition in which they are at the time of knock down.

Article 5 Obligations of buyer

5.1

The buyer is considered to have bought for himself and is liable for the payment without the need to refer to a client (principal).

5.2

The rights and obligations under the purchase agreement and these general terms and conditions apply exclusively to the buyer and cannot be transferred to third parties.

Article 6 Take-back obligation

6.1

Unless explicitly excluded for specific objects in the catalogue or lot list and without prejudice to articles 2 and 4, AuctionNL BV is prepared to take back an auctioned object with the simultaneous refund of the purchase price charged if the buyer, within a period of 14 days from the date of the sale, can demonstrate to the satisfaction of AuctionNL BV evidenced by a generally recognized expert that the auctioned object exhibits such serious hidden defects, that the description provided is so inaccurate or is not authenticated to the extent that if these defects or the accurate description was known to the buyer at the time of knocking down, the buyer would not have concluded the sale or would only have purchased at a substantially lower price. This does not apply if the defects only concern the condition of the object (such as, for example, wear and tear and restoration).

6.2

The take-back obligation can be extended for objects for which an examination is desired. In that case AuctionNL BV needs to be informed of it within 14 days of the completion of the auction, under statement of the objects to be examined.

6.3

AuctionNL BV is not prepared to take back an object if the description in the catalogue was retracted prior to or during the auction and the public were informed of the correct description either orally, in writing or via e-mail.

6.4

The preparedness to take back also lapses if the buyer cannot return the auctioned object in the same condition (in the opinion of AuctionNL BV) that it was in at knock down.

Article 7 Rights

7.1

AuctionNL BV reserves the following rights:

without stating a reason, the right to refuse persons as bidder, visitor or buyer;

to make changes to the order of sale at any time;

to drop or add objects;

to combine or split lots;

not to award or hold up lots;

to remedy mistakes in bids and knock downs or to cancel a purchase without a bidder being able to make use of them and in that case may invoke a purchase agreement that has been made;

after knocking down to immediately claim full payment whereby, in the event of refusal or inability to pay, AuctionNL BV has the right to revoke the purchase agreement and then to re-auction the object concerned and then not to retake the bid of the negligent bidder;

not to hand over any objects during the auction;

to re-auction objects about which a dispute has arisen during or shortly after the auction and to revoke any purchase agreement.

AuctionNL BV has the right to change the lot number order.

Article 8 Payment/transfer of ownership

8.1

The sale is made in cash, by debet/credit card or via bank transfer. For the categories silver, jewelry, watches and gemstones, the buyer’s premium for LOTTISSIMO is 29,5% of the hammer price, including VAT. For coins and banknotes, the buyer’s premium is 22,5% including VAT. Sold lots need to be paid for within 7 days and will only be released for collection or shipping when paid.

8.2

The payment of the purchase sum by the buyer must take place before the delivery of the sold objects and within a term to be specified by AuctionNL BV, without discount or settlement being permitted, unless agreed otherwise.

8.3

Objects purchased via a written or online commission bid (purchase order) should be paid for within 7 days of the invoice date.

8.4

The ownership of the objects changes hands after the full payment of the purchase sum.

8.5

If the buyer does not pay within the payment term and is therefore legally in default, AuctionNL BV has the right to revoke the purchase agreement in writing. AuctionNL BV also has the right to recover the entire loss, such as lower proceeds, and costs from the buyer and to immediately auction the auctioned objects or to do so later or to sell them privately. The negligent buyer cannot make any claim on any higher proceeds.

8.6

AuctionNL BV does not pack and/or ship purchased goods from the categories silver, jewelry, watches and gemstones directly to the buyer. At the buyer’s request, purchased goods from these categories can be shipped by one of AuctionNL BV’s external shipping partners, who will quote and invoice the buyer – these shipping costs cannot be added to the invoice of the purchased goods from AuctionNL BV. If the buyer wishes to use a transporter other than the shipping partners of AuctionNL BV, he/she must inform AuctionNL BV timely.

8.7

Coins and banknotes can, at the expense and risk of the buyer, be sent by AuctionNL BV directly, by (registered) mail. AuctionNL BV reserves the right to refuse sending coins and banknotes by post and demand collection at the office in Klaaswaal.

8.8

AuctionNL BV has the right to waive the requirement for payment in cash and to supply goods sold on the basis of an invoice.

Article 9 Collection term

9.1

The buyer is obliged to take away the sold lots him- or herself or have them collected within a period of time specified by AuctionNL BV. Subject to AuctionNL BV’s right to specify a shorter or a longer term, the maximum term for collection is 10 days after the last auction day. Collection days are Monday – Friday between 10.00 and 16.00.

9.2

If the sold objects are not collected in a timely manner, AuctionNL BV shall apply a storage charge of 1% per week with a minimum of five euros per object per day starting from the date when the collection term expires.

Article 10 Liability

10.1

AuctionNL BV is not liable for any trading loss, consequential loss, financial loss and/or indirect loss.

10.2

AuctionNL BV is not liable for any accident or any form of damage suffered by someone in or nearby the buildings or premises used for storage and inspection or where the auction takes place or where the sold goods are collected, except in the case where the damage is caused by intent or the deliberate recklessness of AuctionNL BV and/or its hired assistants or employees and/or to the extent that AuctionNL BV is covered by an insurance.

10.3

People entering the buildings or premises do so at their own risk.

Article 11 Final provision

11.1

If a provision of these general sales terms and conditions is declared null and void, annulled or cancelled, the other provisions shall remain in force and AuctionNL BV and the buyer shall enter into discussions in order to agree about the replacement of the provision(s) declared null and void, annulled or cancelled with a new provision (or provisions) which must closely reflect the objective and purport of the provision(s) declared null and void, annulled or cancelled.

11.2

These general auction terms and conditions are governed exclusively by Dutch law.

11.3

All disputes concerning or arising from or connected to a sales agreement concluded between AuctionNL BV and the buyer, the establishment of a sales agreement or these general auction terms and conditions shall be submitted for adjudication exclusively to the court in Dordrecht, the right of AuctionNL BV to submit the dispute to a competent court in jurisdiction district of the buyer not being affected.