Conditions of Sale
IMPORTANT NOTICE PLEASE CHECK WITH AUCTION HOUSE FOR BID LIMIT
Translation in English are in the description of the items .
for further info please contact us [email protected]
You can make your purchases as follows:
-In the room.
-Telephone purchase orders.
- Written offers.
-Live Auctions
In this case, you are recommended to check your authorized bidding limit and, if necessary, contact the auction house in order to authorize an adequate bidding limit and to avoid a blockage during your bets during the Live.
Guarantees or references may be requested.
The hammer price is increased by 28% of buyer's fees including VAT for purchases outside Live.
Surcharge for:
For auctions made live via Drouot on line: + 2%
For auctions made live via Auction.fr: 3%
For auctions made live via Invaluable: 5%
Original or limited works produced by artists who died less than 70 years ago and whose sale price is equal to or greater than 2000 euros, are subject to resale rights (4% and decreasing, see details in our GCS, link at the bottom of this page). page)
PAYMENTS: For payments, the preferred payments are bank transfer or payment by card.
Purchases are to be paid within 5 days of the invoice.
On this one and only account:
ATTENTION NEW BANK ACCOUNT CBC BANQUE.
IBAN BE87732069873494 BIC:CREGBEBB . Beneficiary: MJV SOUDANT
For international transfers, the costs are fully borne by the buyer.
SHIPMENTS:
Purchases must be collected within 15 days of the session. Beyond that, they are no longer covered and storage costs may be applied (see our terms and conditions).
In general, the auction house does not ship purchases through its own services.
We provide our buyers with a list of professional carriers in the sector.
This advice does not in any way imply the responsibility of the auction house in the event of a delivery incident.
In some cases, we can carry out the packaging before postal shipment or support by your forwarding agent.
This service may be charged depending on the case, please inform yourself beforehand. (This applies to delicate batches requiring a packaging time of more than 15 minutes)
The auction house assumes no responsibility for transport.
CONDITION OF LOTS: The descriptions are intended to be as precise as possible, they are nevertheless purely indicative.
It is not always possible to describe an object in its smallest details, so we recommend that you ask us about those possible details which would be crucial for you and your purchase decision, and to ask us for additional condition reports at need.
Otherwise, no claim will be accepted, even in the event of a gap in our original description.
The lighting systems are sold as is and a review by a professional is indicated before being put into use.
The old paintings are supposed to have known old restorations. UV reports available on request.
The condition of the frames is not scrupulously detailed.
The clocks are sold as is, the mechanisms are not guaranteed. They are supposed to be revised/restored.
The buyer is supposed to inquire about the legislation of his country concerning the importation of certain type of goods.
Under no circumstances may an auction be canceled for this reason or for a refusal of an export license.
Participation in the auction implies acceptance of our general conditions of sale in their entirety - available on our website www.mjvsoudant.be
In the event of a dispute, the Belgian courts have sole jurisdiction.
MJV SOUDANT Auctioneer: Valéry Soudant. Bailiff: Alain Niedworak, Chimay
GENERAL CONDITIONS RELATING TO THE PURCHASER
1 . General provisions: Each bidder is deemed to act on his own account and in his personal name and is held personally responsible for the payment of the lots which will have been awarded to him even if he has acted as an agent for a third person. He declares to have read the general conditions of sale and to accept them. The MJV SOUDANT auction room reserves the right to refuse any auction, to ask a bidder unknown to its departments for convincing references but also a deposit before auction if the auction room deems it necessary.
The highest bidder to the last bidder will be the successful bidder. He will be required to pay the auction price of the lot within 5 working days of the sale, increased by 26% for costs and VAT and 2 euros for fixed administrative costs per lots acquired. In accordance with current legislation, cash payments are limited to € 3,000 per purchase slip. "Regardless of the total amount, a payment cannot be made or received in cash above 3,000 euros, as part of an operation or a set of operations that appear to be linked" (Book III, art 67, § 2 Code of Economic Law). In the event of a dispute during the sale or an auction error, the lot will be re-ordered, the judicial officer acting as sovereign will rule on any dispute that may arise during the sale. As the MJV SOUDANT auction room is subject to the special margin regime, all sales to a citizen of the European Union are subject to this regime, so that the VAT is not deductible.
2. The buyers are required to pay and take possession of the lots awarded to them within 5 working days of the auction. After this period, the MJV SOUDANT auction room reserves the right, without prior notice, either to put the paid lots back on sale, not removed, or to have them transferred to storage at the expense, risk and perils of the buyer. The buyer is deemed to come and collect his lots within 5 working days accompanied by his own labor and his own packaging material. The greatest care is devoted to the auctioned items, responsibility is transferred to the buyer as soon as the hammer is struck, in any case the MJV SOUDANT auction room can not be held responsible for loss or damage.
3. Any unpaid sum at its due date bears interest for delay as of right and without prior notice at the rate of 10% per year. In addition, in the event of non-payment on the due date, the amounts due are automatically increased by a 15% lump sum indemnity by way of contractual damages, with a minimum of € 75 and regardless of late interest. In addition, these costs will be added to a custody fee of € 5 per day and per lot with a minimum of € 50. Without prejudice to legal proceedings in payment at the expense of the defaulting buyer, the unpaid lots within the period indicated above may be put back to adjudication on folle
auction as soon as the MJV SOUDANT auction house considers it appropriate. In this case, the buyer will be required to pay the possible price difference as well as all costs and disbursements relating to the sales required to be able to re-award the lot. He cannot claim the excess if there is any.
4. If you cannot attend the public sales, it is possible for you to complete a purchase order, in which case the offers cannot be below 50 € and must reach us no later than the day before the auction sale by 7 p.m at the latest. The auction room reserves the right to require guarantees from the candidate buyer before validating his request and reserves the right to refuse an offer which in its eyes seems doubtful or which does not present sufficient guarantees and without having to justify itself. We can also telephone you during the sale. Your telephone purchase orders must also reach the venue the day before the sale by 7 p.m. at the latest. It is important to note that a telephone auction request commits you to a purchase offer corresponding to the low estimate and a minimum of 300 euros. This applies even if the buyer is unreachable at the time of the sale. Please check this value carefully before confirming your telephone request. In short, a request for a telephone line is equivalent to a firm offer to purchase at a low estimate with a minimum of 300 euros. We do not accept phone lines below this amount. The auction room takes the best care of the orders received. However, it cannot be held responsible for any omission of the orders thus received. In addition, MJV SOUDANT cannot be held responsible for the buyer's errors in indicating the lot number, or the telephone number where he should be called, or his e-mail address, nor for any problems. in establishing communication. In the event of equivalent offers, priority is always given to buyers present at the public sale session. In the event of a tie between two written offers, the offer received first takes priority, the offer number being proof.
5. The indications appearing in catalogs, advertisements, brochures or any other writings coming from the auction room, must be considered as simple indications which in no way engage the responsibility of the auction room MJV SOUDANT. This does not guarantee the accuracy of a declaration relating to the author, nor the origin, date, age, attribution, provenance, weight, condition or material of the lot. No employee of the MJV SOUDANT auction room is authorized to give guarantees in this regard. Consequently, the buyers must make sure themselves before the sale, of the nature of the lots and their material condition.
6. Resale right. When selling 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 sales price excluding tax, provided that this amounts to a minimum of € 2,000 and amounts to 4% for the portion of the sale price up to € 50,000, 3% up to 'to € 200,000, 1% up to € 350,000, 0.5% up to € 500,000 and 0.25% beyond, without the resale right exceeding € 12,500 per work of art and per resale. The resale right is collected by MJV SOUDANT and transmitted to the bodies with the power of collection, as provided for by the legislation in force.
The MJV SOUDANT auction room makes every effort to be in a position to announce during the sale the application of the resale right to a work. These will be marked with a colored dot during the exhibition and the words "resale right". However, if it turns out after the sale that a work not announced as such is subject to the resale right, the MJV SOUDANT auction room will nevertheless be legally obliged to claim the resale rights to the purchaser at the time of payment, removal or even after removal, any purchaser expressly waiving any recourse of any kind whatsoever and irrevocably committing to pay the resale duty on the first request.
7. The contract between the parties is subject to Belgian law. Any disputes to which this contract could give rise will be submitted exclusively to the jurisdiction of the courts of Charleroi or the Justice of the Peace of the canton of this place and in French. When MJV SOUDANT srl is the plaintiff, it reserves the right to bring its action before other courts. These general conditions are an integral part of the contract concluded with the seller. By the words "read and approved" and his signature on the front, the depositor declares to have read and accepted without reservation the above general conditions even if they are in contradiction with his own general or particular conditions.
Shipping Terms
SHIPPING / SHIPPING:
Purchases must be collected within 15 days of the session. Beyond that, they are no longer covered and storage costs may be applied (see our terms and conditions).
In general, the auction house does not ship purchases through its own services.
We provide our buyers with a list of professional carriers in the sector.
This advice does not in any way imply the responsibility of the auction house in the event of a delivery incident.
In some cases, we can carry out the packaging before postal shipment or support by your forwarding agent.
This service may be charged depending on the case, please inform yourself beforehand. (This applies to delicate batches requiring a packaging time of more than 15 minutes)
The auction house assumes no responsibility for transport.
