The Terms and Conditions are communicated to the auction visitors by a publication and/or an announcement prior to the auction either online or at the auction venue. Any participant in the auction states clearly, that in participating he/she fully accepts these Terms and Conditions.
Description of Goods
2a Meyers Tradings can not be held responsible for the accuracy of descriptions in the catalog any other statements, such as, but not limited to: type of wood, fabrics, alloys, ceramics, porcelain, diamonds, precious metals and the age of items.
3a There will be a final sale when Meyers Tradings accepts the highest bid at time the fall of the hammer, then consequently agrees to sell to the highest bidder, now called the Buyer.
3b All items are sold 'as is', 'where is', and in the condition they are in at the time of sale.
Rights of Responsibilities of the Buyer
4a The buyer is solely responsible for payment in full, without being able to call upon another person.
4b The buyer is responsible for paying the hammer price + 27% Buyers Premium. Upon invoicing from Meyers Tradings, payment is due in full within 48 hours. Payment methods accepted through paypal.
4c Ownership shall pass only upon payment in full. Any items not paid in full will be returned to the consignor on the 29th day after the auction. The purchase contract will then be null and void. Partial payments made on an invoice shall be deducted from the penalty mentioned in the article 4f.
4d Upon fall of the hammer, buyer is immediately responsible for all items. Meyers Tradings is not liable for any damage or theft that may occur after sale has taken place.
4e The buyer is responsible for collecting merchandise immediately after the auction unless otherwise agreed.
4f Should buyer not make payment in full within 28 days, Meyers Tradings. shall charge the Buyer an immediate claimable penalty of 35% of the highest bid. Meyers Tradings is also allowed to claim extra compensation, should real damages exceed the claimable penalty. Please also see 6F concerning penalty and collection costs for non payment. Paying this penalty does not entitle the bidder to items, it will only release the bidder from further collection costs and legal expense.
4g Meyers Tradings may ship items at Buyers request and expense for a minimum handling fee of $15.00 in addition to all shipping charges. However, Meyers Tradings is not responsible for any damage or loss of any items due to shipping.
Rights and Responsibilities of Consignor
5a The consignor is responsible for all items consigned until the moment these items have been paid for in full by the Buyer.
5b The Consignor is entitled to receive the hammer price of consigned items minus all auction commission and any other auction costs.
5c Each Consignor shall be charged 10 euro administrative fee.
5d The Consignor's proceeds will be transferred by bank into the Consignor's account 28 working days after the auction, provided the full payment of the consigned goods has been received.
5e The consigner will be charged 4% volgrecht on all applicable art works.
5f The consigner will be charged $ 10 keurkosten per item of unmarked precious metal.
Rights and Responsibilities Meyers Tradings.
Meyers Tradings is entitled to the following rights:
6a Reserves the right to refuse service to Consignors or Bidders without a statement of reason.
6b Reserves the right to combine or split lots at their discretion.
6c Has the right to choose not to sell any item or stop the auction or sale. 6d Is allowed to rectify errors in administration or bidding process.
6e Can place bids on behalf of bidders and/or consignors.
6f Should the buyer fail to make timely payment of Meyers Tradings. invoice(s), the buyer shall be in default without any further notice of default being required. Meyers Tradings shall be entitled to increase the amount due by adding interest on the basis of 1% per month as of the due date, without prejudice to its right to increase the amount owed by adding third party collection, lawyer, court and other recovery costs in terms of which such costs shall amount to at least 15% of the principal sum.
Condition 7 Liability of Meyers Tradings
7a Meyers Tradings is never liable for any damage to any items that may be caused due to the transport process, putting into stock, exhibition or storage. Meyers Tradings. is also never liable for damage as a result of fire, theft or weather conditions, etc.
7b Meyers Tradings is never liable for damage of any sort to paintings, frames, and all parts thereof, such as sheets of glass, matting etc.
7c Under no circumstances will Meyers Tradings. be liable for company damages, consequential damages, damages to assets may it be either direct or indirect.
7d Meyers Tradings. is not liable for personal injuries or accidents of any kind, to any person, in or near the buildings or premises. This includes, but not limited to when placing items on consignment, viewing of lots during exhibition, at time of auction, or upon collection of goods.
7e People entering the property or premises, will do so at their own risk.
7f Once item has been allocated, the Buyer is and remains responsible for the purchased item at all times. Meyers Tradings is by no means responsible for any possible damages that may occur after allocation.
8a These Terms and Conditions of Sale shall be governed and construed in accordance with Dutch Law only.
8b 1. When a dispute may arise between parties, the dispute shall be settled by means of 'Stichting DigiTrage' based in Utrecht.
2. The proceedure shall be processed via www.digitrage.nl in accordance with the process regulations of the 'Stichting DigiTrage'. The process regulations are published on the afore mentioned website. The buyer may also request the process regulations from the user of the Terms and Conditions. The process regulations are part of the binding contract between both parties.
3. Both parties have the right to chose to go to the courthouse up until the moment the case is in process at the 'Stichting DigiTrage'.
4. If the user of these Terms and Conditions submits a dispute to the 'Stichting DigiTrage', but the customer prefers a Civil Law Procedure, the customer must communicate this in writing within one calendar month after submission. This clause only applies to a client who is a private consumer.