Art and Antiques September

A. Buyer Conditions Mr. J.P.T.G. Dohmen, director of the private company with limited liability Venduehuis Dickhaut BV, also the auctioneer, informs all those who take part in the auction, that the auction is held under the following conditions and that everyone who participates in the auction informs them that he / she fully accepts the applicability of these conditions. Venduehuis Dickhaut BV is also referred to in these conditions as an auctioneer. Venduehuis Dickhaut BV acts as mediator for the contributor/seller. The purchase agreement is concluded directly between the contributor/seller and buyer.Venduehuis Dickhaut hereby informs all those who participate in the auction, that the auction will be held in accordance with the following conditions, and that any person participating in the auction, in doing so indicates that he/she fully accepts the validity of these conditions. The auction takes place through a bidding procedure led by the aforementioned auctioneer. Consumers and companies can participate in this auction. The participants can place their bids both online and in person at the premises of auction house Venduehuis Dickhaut BV, Bredestraat 23-23A, Maastricht, in the presence of the auctioneer. The winning bidders commit themselves to purchase and pay for the goods. Not only can the bids be made at the Venduehuis Dickhaut also items put up for auction can be viewed, studied and examined during the viewing days at the Venduehuis Dickhaut or at another time after agreement with the Venduehuis. On the basis of the above, a purchase agreement with Venduehuis Dickhaut does not involve a purchase at a distance. Article 1. The sale takes place on a cash basis with a mark-up of 28%, on the price offered, which is to be paid together with the purchase price at the location of the auction at the Venduehuis Dickhaut, Bredestraat 23, in Maastricht, to be handed over upon receiving a receipt of purchase, in legal Dutch tender, without rebate or withholding. Article 2. All goods are sold at the buyer's risk and all sales are final, with the goods being sold 'as is', in the condition they are in at the time that they are auctioned. Article 3. 3.1. Descriptions in the catalogue and all information provided, whether in writing or by word of mouth, are considered to have been given to the best knowledge and knowing of Venduehuis Dickhaut, and can never lead to a claim on Venduehuis Dickhaut or a diminishing in any way of the obligation of the buyer to take receipt of the goods and make payment. The buyer has the opportunity, on the viewing days, to obtain the necessary information with regard to the nature and the condition of the goods to be sold. 3.2. the buyer must, prior to the purchase, inspect the condition and description of an item in the catalogue to his/her own satisfaction and have it inspected accurately and professinally during the viewing days and form his own judgment about the extent to which the item corresponds to its description and the buyer should, where reasonable necessary or desired, seek independent advice from experts, while the buyer should not rely on illustrations on the catalogue. The absence of any reference to the condition of a lot in the catalogue does not mean that the object is in good condition or free from damage, defects or restorations. 3.3. The auctioneer can not be held liable for the correctness of the description in the catalogue or made known in any other way, of dimensions and of materials such as for example types of wood, paints, fabrics, alloys, earthenware, porcelain and diamond, all with the exception of precious metals. 3.4. Unless explicitly excluded for certain items in the catalogue ?without prejudice to articles 2 and 3 (1-3), the auctioneer is prepared to take back an auctioned item and refund the purchase price and auction costs of the buyer proves to the satisfaction of the auctioneer and within a period of three weeks after the conclusion of an auction sale that the auctioned good(s) exhibits such serious hidden defects - or the description is so incorrect - that if these defects were known to the buyer at the time of the purchase he or she would have only bought the good(s) at a considerably lower price. This does not apply if the defects only concern the condition of the object (such as wear, aging, discolouration and restorations). 3.5. The willingness to take back also expires if the buyer can not return the auctioned item in the same condition as it was when it was allocated, at the discretion of the auctioneer. 3.6. Furthermore, the willingness to take back expires if the buyer discovers a defect in the purchased items and another non-conformity when collecting aforesaid item and he or she takes possession of this item and keeps it in his or her possession despite of the observation of the defect or non-conformity. Article 4. In disregard of the provisions in articles 2 and 3, Venduehuis Dickhaut is prepared to take back an article that was auctioned and at the same time return the purchase price and the mark-up, if the buyer, within a period of three weeks after the sale, proves to the satisfaction of Venduehuis Dickhaut that the description provided is so incorrect that, if the buyer had been aware of the correct description, he/she would not have made the purchase or would only have made the purchase for a considerably lower price. Venduehuis Dickhaut is not willing to take back goods if the description in the catalogue was retracted during the auction and the correct description was given to the public by word of mouth. This willingness is also not present if and insofar as the buyer is not able to return the auctioned object in the same condition that it was in when auctioned off. If a buyer makes a claim based on article 4 of these conditions, it will be limited to the sum that was originally paid for the object and it will not be increased with any loss or damage incurred by the buyer or with any costs incurred by the buyer. Article 5. Next to each lot number two prices are listed. These are global target prices and are meant to serve potential bidders as a guideline. Article 6. Immediately after an object is assigned to a bidder, the buyer becomes liable for all costs and risks with regard to the object, and no claims can be made on Venduehuis Dickhaut. Article 7. Venduehuis Dickhaut has the right, after assigning any object purchased to the buyer, to immediately request partial or complete payment: In the event of non-payment or late payment of the aforementioned payment, the purchase maub be dissolved - extrajudicially- by means of a written statement and the goods may be auctioned once again and the bid of the negligent bidder may not be resumed. Article 8. The buyer is obligated to take receipt of the goods purchased within the dates mentoined on the catalogue page, 'collecting of goods'. Article 9. If the buyer does not make timely payment, Venduehuis Dickhaut will charge the buyer 1.5 % interest per month, which interest will be calculated from the date the goods were assigned to the date of payment. In addition, the buyer who is in default will be liable for all legal and non-legal costs. Article 10. The buyer is assumed to be purchasing on his/her own account and therefore can not claim to be acting on the orders of a third party. Article 11. If the goods purchased are not picked up within the period specified in article 8, the buyer will be considered to be in default as a result, and Venduehuis Dickhaut will have the right, without any further proof of default, to consider the purchase null and void. Venduehuis Dickhaut the has the right to sell in public or private, immediately or at a later date, the goods that are not picked up. However, the buyer who is in default remains liable for a decrease in the revenue received and for the selling costs, whereas buyer can make no claim with regard to any increase in revenues received. Article 12. If differences of opinion arise between two or more bidders, Venduehuis Dickhaut has absolute authority to make decisions. Venduehuis Dickhaut has the right to amend mistakes and to refuse any bid, without providing reasons, and to immediately auction the object once again under retention of all rights. Article 13. Venduehuis Dickhaut reserves the right to change the order in which the objects are auctioned and to combine or split up numbers or to not auction numbers. Article 14. Written orders are accepted and implemented without cost. Venduehuis Dickhaut will try to purchase the lot number at the lowest price possible for the bidder in writing. However, Venduehuis Dickhaut accepts no liability in this respect for mistakes and omissions committed in good faith. Article 15. The buyer can never claim ignorance of the conditions governing the auction. Article 16. Should the website of Venduehuis Dickhaut, due to technical problems for which the auction house is not responsible, be inaccessible or almost inaccessible during the last 24 hours of the auction, Venduehuis Dickhaut may decide to postpone the closing of the auction for 24 hours. Article 17. The buyer is expected to be acquainted with the Artist Resale Right which became effective in April 2006. The Artist Resale Right applies when the artist is still alive, a national of the EU, and the hammer amount (including a mark-up of 28%) is equal to or exceeds ? 2.400. This money will be deposited in the bank account of the artist in question. Article 18 The buyer is deemed to be familiar with our privacy statement. This can be found on our website. This privacy statement is part of our AVG complicancy. The AVG is European legislation and has been in force since 25 May 2018. The buyer is deemed to be familiar with the consumer rights.