GENERAL TERMS AND CONDITIONS OF SALES
These general terms and conditions of sale apply to any purchase made in the context of a public auction organized by Galerie Moderne SRL (Chaussée de Waterloo 414, 1050 Brussels, Belgium, BCE 1028.208.611).
These terms and conditions are reproduced in the catalogue, on the website https://galeriemoderne.be , and in extracts on written bid forms and telephone bidding request forms. They will also be announced in summary form at the beginning of the sale.
All buyers are deemed to be fully aware of these terms and conditions and to accept them unreservedly by the mere fact of participating in the sale.
1. The Buyer
The sale is conducted by auction to the highest bidder. The buyer is the successful bidder (the person to whom a lot is awarded).
In the event of a dispute, only the bailiff or auctioneer present may decide that the lot will be re-offered for sale.
Each buyer is deemed, with regard to Galerie Moderne, to be acting in their own name, even if acting as an agent.
The buyer shall provide Galerie Moderne with their name, address, telephone number, identity card or passport, as well as any information, particularly banking details, that may be requested.
2. Description of Lots
Lots are sold with all their imperfections, defects and possible errors in description.
Galerie Moderne shall not be held liable for any errors in the description or valuation of the lots, which are provided for information purposes only.
This also applies to the author, signature, date, provenance, attribution, origin, authenticity and/or condition of the lots.
The buyer must form their own opinion of the lot and, once the hammer has fallen, no claims of any kind will be accepted, including those relating to the catalogue description.
3. Condition Reports
Any request for a condition report must be made before 5:00 p.m. on the day prior to the sale.
No requests will be processed after this deadline.
No claims will be accepted if a condition report was not requested prior to purchase.
4. Written Bids
One or more written bids may be submitted to Galerie Moderne no later than 5:00 p.m. on the day prior to the sale, by post or email.
The bidder must clearly provide their identity, the lot number(s) concerned and their bid amount(s).
Galerie Moderne shall not be held responsible for errors in lot numbers or delays in the transmission of bids.
If two written bids are placed for the same amount on the same lot, priority will be given to the first received.
5. Telephone Bidding
A written request to participate in the sale by telephone must be submitted no later than 5:00 p.m. on the day prior to the sale.
The bidder must clearly provide their identity, the lot concerned and any requested information, including bank references if required.
By requesting telephone bidding, the bidder irrevocably undertakes to bid at least the low estimate.
Galerie Moderne shall not be held responsible for errors in lot numbers, incorrect telephone numbers, or communication issues (busy lines, interruptions, network failures, technical issues, etc.).
If Galerie Moderne is unable to contact the bidder, the bidder agrees that bids may be placed on their behalf up to the low estimate indicated in the catalogue or the amount specified in their written request.
In the event of identical bids, bids made in the auction room shall take precedence over online bids.
6. Purchase Price
The buyer undertakes to pay Galerie Moderne, without prejudice to the resale right referred to in Article 7 and/or the surcharges referred to in Article 8:
Administrative fees of EUR 10 (VAT included) per invoice;
The hammer price plus a buyer’s premium of 28% (VAT included);
An additional 2% for purchases made via digital platforms.
7. Resale Right
In accordance with Articles IX.175 et seq. of the Belgian Code of Economic Law, a resale right applies to public sales of works of art for the benefit of the artists or their heirs.
The buyer must pay, in addition to the purchase price, a resale right calculated on the hammer price excluding taxes (provided it is at least EUR 2,000), as follows:
4% up to EUR 50,000
3% up to EUR 200,000
1% up to EUR 350,000
0.5% up to EUR 500,000
0.25% above that
The resale right is capped at EUR 12,500 per work per resale.
It no longer applies 70 years after the death of the artist.
Galerie Moderne collects this right and transfers it to the relevant collecting societies.
Galerie Moderne will make every effort to indicate during the sale whether a lot is subject to the resale right. However, if it is discovered after the sale that a lot is subject to this right, Galerie Moderne is legally obliged to claim it from the buyer at the time of payment, collection, or even after collection. The buyer expressly waives any claim and undertakes to pay upon first request.
8. Payment – Invoicing – VAT
Ownership of the lot passes to the buyer at the fall of the hammer, and the risk transfers at that moment.
Payment must be made within 5 calendar days from receipt of the invoice.
Payment is due in euros (EUR).
Galerie Moderne accepts cash payments up to a maximum of EUR 3,000.
If the total exceeds EUR 3,000, the buyer may pay up to EUR 3,000 in cash, and the balance must be paid electronically (Bancontact, Visa or Mastercard).
The purchase price (as defined in Article 6) will be increased by:
2% for payments made by Visa or Mastercard;
4% for payments made via payment links (QR code).
After the sale, the buyer may not request any change to the buyer’s name or the splitting of invoices.
The buyer therefore undertakes to:
Register each buyer separately for the lots they intend to purchase;
Ensure that payment is made by the person named on the invoice.
9. Collection of Lots
Lots may not be collected during the sale.
The buyer undertakes to collect the lot(s), or arrange for collection at their own expense, within 7 calendar days following the sale and after full payment.
Any lot not collected within this period will be stored at the buyer’s expense at a flat rate of EUR 5 per lot per day.
Galerie Moderne shall not be held liable for any damage occurring during storage, packing, handling or transport.
10. Non-payment or Failure to Collect
In the event of non-payment and/or failure to collect within the specified time:
Late payment interest of 2% per month will be due automatically;
Galerie Moderne reserves the right, after formal notice, to take one or more of the following actions:
Store and insure the lot at the buyer’s expense;
Take legal action to enforce payment and/or collection;
Cancel the sale;
Resell the lot, with any loss borne by the defaulting buyer;
Retain other lots purchased by the buyer;
Sell any property belonging to the buyer held by Galerie Moderne;
Refuse any future bids from the defaulting buyer.
11. Disputes
In the event of a dispute, Belgian law shall apply exclusively.
The courts of the judicial district of Brussels shall have exclusive jurisdiction.
