Conditions de Vente
It is possible to make your purchases as follows:
-Phone purchase orders
- Written offers
-Live auctions via Invaluable
The hammer price is increased by 25% buyer fees including VAT and an exit fee of two euros per lot.
For auctions made live via Invaluable on line: + 5%
The marked lots made by artists who have died for less than 70 years and whose sale price is equal to or greater than 2000 euros, the resale rights are applicable (4% and decreasing see details in our GTC, link at the bottom of the page)
For payments, the preferred regulations remain the bank card or the transfer.
The payments are to be settled within 5 days of the invoice.
On this one and only account:
AXA Bank. IBAN: BE07 7512 1008 5266. (Bic / Swift: AXABBE22).
For international transfers, the costs are fully borne by the buyer. We accept cash below 3000 €.
Shipping: In general, the auction house does not ship purchases. In certain cases, we can proceed with the packaging before mailing or taking charge by your forwarder. These services are billed. Paid deliveries are possible in Belgium.
On the other hand, our services will be happy to direct you to the most suitable transport for your purchases. These tips do not imply the responsibility of the auction house.
The auction house assumes no responsibility for transport.
The descriptions are deemed to be purely indicative, it is advisable to request additional condition reports.
No complaints will be accepted.
The lights are sold as is and a professional service is recommended before use.
The old paintings are supposed to have known old restorations. UV reports available on request.
The buyer is supposed to inquire about the legislation of his country concerning the importation of certain type of goods.
Under no circumstances can an auction be canceled for this reason or for a refusal of an export license.
Participation in auctions implies acceptance of our general conditions of sale in their entirety:
GENERAL CONDITIONS RELATING TO THE PURCHASER.pdf (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 25% 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.
