General terms
Arenberg Auctions NV is a legal entity under Belgian law and acts solely as intermediary for sales of second-hand objects and not as buyer or seller.
Arenberg Auctions’ general sales conditions below shall apply to live as well as online only auctions and all the auctions organised via online platforms. By bidding (in person, by written purchase order, over the phone or via the platforms) the (potential) buyer acknowledges to accept the general sales conditions.
The buyer of a lot is deemed the final consignee, even if they act on account of a third party. The buyer shall inform Arenberg Auctions of their identity and data, and provide a copy of their identity card or passport.
Description of the lots
The descriptions and estimates provided by Arenberg Auctions’ experts are solely for informative purposes and take into account the data furnished to Arenberg Auctions by the depositors. Buyers shall be deemed to have examined the goods prior to the auction and to have informed themselves sufficiently. The goods will be sold in their current condition at the time of the auction.
Incorrect information in the (online or printed) catalogue shall not entail the annulment of the purchase. Each buyer acknowledges to be aware that there is no right of recourse.
During viewing days the buyers may verify the state, any restorations and defects of the lots offered for auction. Lots consisting of two or more works, series, periodicals or works marked “nc” (not collated) and “sold w.a.f.” (sold with all faults) are not collated. Those lots are sold as is and shall under no circumstances be taken back.
Framed items are not studied outside the frame and the condition of the frame is not described. The condition of joined items is not described.
Any complaints about the goods must be notified to Arenberg Auctions within seven days after receipt thereof. No complaint shall be accepted more than four weeks after the date of the auction.
Auction procedure
The numerical order of the catalogue will be followed. Bidding begins at about 80% of the low estimate. Bidding advances in increments of about 10%.
In case of equal bids, the bidder who is present in the room shall be prioritised and then the purchase order first received and registered.
Written bids (on paper or per e-mail) of 50% or less of the lowest estimate shall not be taken into account.
Arenberg Auctions shall not be held responsible during or after the auction for any malfunction of phones, internet or platforms. The lot is assigned to the highest bidder and the above-mentioned malfunctions may no longer be invoked once the auction is closed.
Only the bailiff shall be competent to settle any dispute arising during the public sale. He/she also reserves the right to call up the lot again in case of dispute.
Arenberg Auctions reserves the right to refuse any bid and to combine or remove one or more lots from the sale without having to justify its decision.
Costs borne by the buyer
Buyers shall pay in Euro 28% on top of the hammer price, including VAT on the margin. For purchases via external platforms (Drouot Live, Invaluable or others) the commission will be 30% on top of the hammer price, including VAT. For online only auctions the total commission will be 30%.
Royalties are mandatory for works of living artists or those who passed away less than 70 years ago and shall be borne by the buyer. These royalties amount to 4% of the hammer price on any bids equal to or higher than € 2,000. The royalty percentages shall be determined in tranches and calculated as follows:
Possible shipping costs: see below.
Payment by the buyer
The total amount owed shall be due at the latest a fortnight after receipt of the invoice.
The goods will be transferred to the buyer only after payment in full of the amounts owed.
We accept the following payment methods: cash for a maximum amount of € 3,000, by Bancontact or credit card, or by transfer to account number BE49 0017 8987 0571 (BIC/SWIFT: GEBABEBB). Bank- and collection fees, i.a. for foreign checks, shall be borne by the buyer.
In case of non-payment or late payment, the amount owed will be increased by a 12 % interest rate per year after the buyer has been notified thereof.
Arenberg Auctions shall reserve the right to dispose of the goods or auction them again one month after notification at defaulting buyer’s cost. Any costs and expenses owed to Arenberg Auctions shall be deducted from the sales price.
As to VAT, Arenberg Auctions is subject to the special VAT margin scheme. This regulation also applies to sales to EU nationals. Therefore, VAT is also non-deductible for professionals. VAT can be deducted only for lots leaving the European Union upon proof of customs clearance.
Collection and shipping of lots
After payment in full of the amounts owed, buyers may collect their lots during the auction or as of Tuesday of the week after the auction.
Buyers shall collect their purchases diligently and at their own cost and risk. The buyer shall be liable for the intermediaries appointed by him to collect his purchases.
Lots can be shipped after payment in full of the invoice, increased by any packaging, insurance and shipping costs. The buyer shall be fully liable for packaging and shipping the goods purchased. The auction house shall under no circumstances be liable for any defect or damage caused by shipping companies.
Framed works will be shipped without frames, unless otherwise agreed. Certain cultural goods are subjected to export restrictions. Consequently, the possibility can arise that certain goods can’t leave their corresponding cultural communities. However, the buyer retains ownership until a settlement is found with the relevant cultural community. This cannot lead to a claim of moral damages on the part of the buyer towards the auction house. The buyer is deemed to be sufficiently informed of these regulations and shall bear any costs arising therefrom. Lots not collected within 30 days after the sale shall be stored, removed or resold at the expense of the defaulting buyer.
Insurance and risk transfer
The transfer of title and all related risks, i.a. regarding the insurance of the goods, shall occur at the very moment of the allocation, when the object passes from seller to buyer by means of auction.
Application of the laws on money laundering, financing of terrorism and privacy
The Belgian law of 15 August 2020 laying down miscellaneous provisions on the prevention of money laundering and/or terrorist financing and on the limitation of the use of cash obliges all actors of the art and antiques market, including auction houses, to obtain and register the identity of all Belgian and foreign buyers of a lot with a value of € 10,000 or more.
Delivery of lots to buyers and payment to depositors shall only take place after the parties concerned provided the requested identification papers.
Companies shall disclose the articles or the identity of the final recipient.
Arenberg Auctions shall use any personal data provided only for internal purposes and process them in accordance with the Law for the Protection of Personal Data (DPR).
For any dispute arising hereunder only the courts of Brussels shall have competence.
