1.The buyer is the person who is awarded the lot. He/she shall provide SA Galerie Moderne, hereinafter referred to as 'the Gallery', with all information such as name, address, bank details, copies of identity cards or passports, etc.
2. The buyer shall be deemed to be acting in his own name and on his own behalf, even for lots he has purchased as a proxy.
3. The buyer is bound by the auction. However, the Gallery is always free to refuse the auction, even after the end of the auction, without having to justify its decision.
4. The buyer can participate in the auction by leaving a written order for bids of more than 10 euros, or by telephone or electronically for bids of more than 500.00 euros. In the latter case the buyer must confirm his participation by letter or fax and provide all information required by the Gallery. The Gallery takes the utmost care of the orders received. However, the Gallery cannot be held responsible for any omission in the orders received. Furthermore, the Gallery cannot be held responsible for any errors made by the buyer in providing the lot number, or the telephone number to call, or the e-mail address, or for any problems in establishing the communication. In case of equal bids, priority is always given to the buyers present at the public auction.
5. The buyer is irrefutably presumed to have been able to appreciate the item sold in person during the exhibition prior to the public sale session, even if he participates in the auction by means of remote communication or by leaving a written purchase order.
6. 6. The indications or descriptions in the written material issued by the Gallery are to be considered as mere indications which do not engage the responsibility of the Gallery in any way. The Gallery does not guarantee the authenticity, attribution, date, age, nature, condition, origin, etc. of an object. It is always the buyer's responsibility to ascertain the nature and condition of an object. Without prejudice to the foregoing, it is specified that, with regard to jewellery, the Gallery only indicates an indicative size and not the weight, as loosening is impossible, and, with regard to porcelain and crystal, that only visible defects (cracks, apparent restorations) are indicated where applicable.
7. The buyer shall not acquire ownership of the goods until full and final payment of the price and its accessories has been made. He can only take delivery when this payment has become final. However, the risks are fully transferred to the buyer from the moment of the auction.
8,The buyer shall pay the amount of the bid plus a commission of 25%, including VAT and costs of 2.50 euros per lot, within three working days of the auction. Cash payments are not accepted above 3,000.00 euros, within the limits provided by law. Only certified and guaranteed cheques are accepted for immediate delivery. Payment can also be made by bank transfer and credit or debit cards. Payments are always made at the Gallery's headquarters.
9. In accordance with the law of 30 June 1994 on copyright and related rights, the buyer is also obliged to pay resale rights to the artists and authors of the sold works, if applicable, in addition to the total sale price of the goods. This obligation remains even if the claim of these rights occurs after the sale and the removal of the lot, without time limit. The Gallery does not intervene in the possible dispute about the validity of the claim for resale rights.
10. Any sum not paid on the due date shall automatically and without prior notice bear interest at the rate of 1% per month. In addition, the amount of the invoice will be increased by 15% (with a minimum of 65.00 euros) as a penalty clause. The Gallery also reserves the right to re-sell lots that have been awarded but not paid for, the buyer remaining in default of payment being then furthermore liable for the difference between his award price and the award price upon resale.
11. The buyer is obliged to collect his lot from the registered office of the Gallery, rue du Parnasse, 3, 1050 Brussels, within three working days after the auction. Packaging, handling and transport are always at the expense and risk of the buyer.
12. After the deadline for collection, the Gallery reserves the right, without prior notice, either to put the paid but not collected lots back on sale, or to have them transferred to storage at the expense and risk of the buyer, or to claim a sum of 5.00 euros per lot and per day of delay, which will be increased to 7.50 euros if the delay exceeds fifteen days.
13. Personal data are processed only by the Gallery. They are not transmitted to third parties. The person responsible for processing personal data is S.A. Galerie Moderne, rue du Parnasse, 3, 1050 Brussels, ECB number 0438 831 463. The persons having access to these data are the staff members of SA Galerie Moderne. In accordance with the law of 8 December 1992 on the protection of personal data, the purchaser has the right to access data concerning him/her, to have it corrected or to have it deleted. Personal data is collected for the purpose of the Gallery's customer management, including direct marketing (e.g. announcements of future sales and events). The buyer has the right to object to the use of his personal data for direct marketing purposes at any time, free of charge and upon request.
14. Any dispute that may arise between the parties shall be settled exclusively in accordance with Belgian law. They shall be settled exclusively by the courts of the judicial district of Brussels and, if necessary, by the Justice of the Peace of Ixelles.
15. Except in case of gross negligence, intent or fraud on the part of the Gallery, the Gallery cannot be held liable in any way, either directly or indirectly, for any type of damage, which is in any way a consequence of the access to and/or use of the Gallery's services by the buyer. In all cases where the Gallery is liable for any reason whatsoever, its liability is further limited to the amount of the commission received.
16. The present general terms and conditions shall prevail over any other terms and conditions of the Buyer, unless expressly agreed otherwise in writing.
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