DEPOSIT CONDITIONS
- The seller irrevocably gives responsibility to Organi-Ventes Ltd., which agrees to sell in public the objects noted on the consignment slip and collect the hammer price.
- The commission owed to Organi-Ventes Ltd. is set by mutual agreement between the parties, at 15% of the hammer price to which must be added a fixed fee of 5€ per lot for administrative costs and insurance; the 5€ are owed even if the lot did not have a buyer. The seller expressly authorises Organi-Ventes Ltd. to retain this commission (as with the possible re-sale rights) on the hammer price. There is no sale for less than 10€: in that case, the lots will be considered to be without value. Lots given no value are not recovered by the seller.
- Any probable estimations of sale price communicated either verbally or in writing, either on the consignment slip, in the sale catalogues or on any other document are for information only and in no way constitute a guaranteed minimum price. Under no circumstances can Organi-Ventes Ltd. be held responsible for hammer prices lower than these estimations.
- The seller may, in agreement with an employee from Organi-Ventes Ltd., set a reserve price for a lot. In this case, a reserve price will be written in the column on the slip and this note will be initialled by a manager from Organi-Ventes Ltd each time. Under no circumstances can the reserve price be higher than the minimum valuation of the object or lower than 150€. If this reserve price is not reached, the object will be withdrawn from the sale.
- The seller must refrain from recovering the objects entered for the sale and making a higher bid himself or through a third party for his own objects.
- The seller has sole responsibility for the faults and defects of his deposits and guarantees Organi-Ventes Ltd. that he is the sole owner of the objects and has sole selling rights; likewise, the seller also guarantees the strict accuracy of the notes written on the front of the consignment slip and expressly declares that he is solely responsible for them.
- Organi-Ventes Ltd. may, without having to justify itself, transfer objects, entirely or in part, to a later auction or even permanently withdraw objects from the auction without having to pay any compensation.
- Circumstances such as war, earthquakes, floods and fire are considered Acts of God when they make the fulfilment of the contract impossible; Organi-Ventes Ltd. does not have to establish why the occurrence could not be predicted or resisted. Organi-Ventes Ltd. notifies the seller as soon as possible of an occurrence which constitutes an Act of God. The occurrence of an Act of God gives Organi-Ventes Ltd. the right to suspend the fulfilment of the contract or to totally or partially cancel it without any obligation for compensation.
- In the event of a claim, the seller will only be able to claim from Organi-Ventes Ltd., assuming that its liability is in question, costs for repair and, in the event of complete disappearance, compensation which under no circumstances may be above the minimum valuation written on the slip. Under no circumstances will Organi-Ventes Ltd. be liable for an amount higher than that which its insurance company will actually pay to it.
- Under no circumstances can Organi-Ventes Ltd. be held responsible for the non-payment of the buyer; in such a case, the seller will be able to, at the earliest 30 days after the sale, recover the objects which have not been paid for or removed by the buyer under his sole responsibility and on presentation of the slip.
- The sums owed by Organi-Ventes Ltd. will be paid to the seller insofar as the buyer has himself paid the hammer price and fees, during the month following the public sale into the account appearing on the slip.
- The seller gives Organi-Ventes Ltd. every right to photograph, whenever and at its total discretion, any object, notably for its catalogue, advertising, etc… Organi-Ventes Ltd. will be able to mention in its catalogues and advertisements the origin of the objects. The name of the previous owners may only appear in them with their consent.
- The seller irrevocably agrees to pay any potential re-sale rights, relieving in full Organi-Ventes Ltd., the legal officer and the buyer; the seller authorises Organi-Ventes Ltd., now and for the time being, to deduct from the hammer price the amount of the potential re-sale rights.
- Any sum owed by the seller on whatever account to Organi-Ventes Ltd. and not paid on its due date will carry as of right and without formal notification, interest set at 2% per month. Any month is due in full, moreover, and without prejudice to the application of the aforementioned interest, any sum generally whatsoever, owed by the seller to Organi-Ventes Ltd. and not paid on its due date will be increased as of right and without formal notification to 15% by way of a lump-sum payment.
- Unless otherwise agreed, transport costs (van, lorry) are free on removal when carried out by Organi-Ventes Ltd. However, the objects remain at the seller’s risk. The possible cleaning expenses at the seller’s premises as well as the cost of the use of a goods lift or hoist remain the responsibility of the seller and will be invoiced to him. However, the seller must pay for the removal of unsold items; objects which have not been sold must be taken back by the depositor within 5 working days following the sale; when this time limit has passed, a storage fee of 3€ will be charged for each day after that. No payment for a sold object will be made on behalf of the seller until the seller has taken back his unsold items.
- The agreement between the parties is subject to Belgian legislation. Any dispute this agreement may give rise to will be subject exclusively to the jurisdiction of the Namur courts or Justice of the Peace of this district. When Organi-Ventes Ltd. Is the plaintiff, it reserves the right to bring its action before other courts.
- These terms and conditions are an integral part of the agreement concluded with the seller. By signing the above terms and conditions, the seller acknowledges that he has read them and accepts them without reservation, even if they contradict his own particular terms and conditions.
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