Hôtel de Ventes Horta means HOTEL DE VENTES HORTA nv (Crossroads Bank for Enterprises 0471.388.227), registered at 1030 Schaarbeek, Roodebeeklaan 70/74.
These general terms and conditions of sale apply to all public auctions organised by Hôtel de Ventes Horta.
The buyer is considered to be aware of them and accept them with no reservation whatsoever, simply by the fact of making a purchase.
These terms and conditions of sale can be found in the catalogue, on the website at www.horta.be and a summary is provided on the written bid form and the telephone bid request form. They are also announced in excerpt form at the beginning of the sale.
The printed catalogue that is made available is intended as a guide; in case of any difference the French-language online version on the website at www.horta.be takes precedence.
The description in the catalogue of the items in the auction is an indication only.
Prospective purchasers should ascertain for themselves the nature and condition of the items in the auction at the viewing days held beforehand.
In the case of jewellery, information on the colour and quality of gemstones is provided beforehand on request, but is intended only as an indication.
If a certificate is enclosed, the stated characteristics are not binding on SA Horta.
Auctions take place by increasing bids and the item is sold to the highest bidder.
In case of dispute during the sale or error in determining the winning bid, the lot will be offered for auction again.
The presiding bailiff will adjudicate on any dispute arising during the sale and this decision is binding.
A written bid must reach Hôtel de Ventes Horta at least 24 hours before the day of the sale.
The bidder must clearly state his identity, the reference number of the lot he wishes to purchase and his bid. Hôtel de Ventes Horta is not liable if the order is submitted late or is not fully legible.
If there are competing written bids, the bid that arrived first takes precedence.
A written request to participate in the sale by telephone must be submitted to Hôtel de Ventes Horta at least 24 hours before the day of the sale. The person requesting a telephone bid undertakes to bid more than the lower estimate in the catalogue, as a minimum, and must state his identity, his telephone number and the number of lot he wishes to bid for, in a clearly legible way.
Hôtel de Ventes Horta makes every effort to act on telephone calls, but is not liable for errors in the requests, nor for miscellaneous problems relating to telephone connections (line engaged or unavailable, mobile phones temporarily inaccessible etc.).
If Hôtel de Ventes Horta does not succeed in making contact with the requesting party, the latter shall accept the bids made on his account up to the amount of the lower estimate in the catalogue or the amount stated by the requesting party in his written request.
Ownership of the goods sold is transferred to the buyer at the time of sale.
Hôtel de Ventes Horta shall store the goods as a prudent administrator between sale and delivery.
Payment must always be made within three days of the sale.
Every buyer is considered to have acted on his own behalf and is personally liable for the lots which he is instructed to buy as a proxy holder; he must pay the price in euros before collecting them on presentation of the purchase form.
An invoice can be raised on request.
Sales are made in cash, with a 22% surcharge for costs, and must be paid in cash, by bank transfer, certified cheque or debit card (Bancontact).
Buyers using the Drouot Digital, Lot-tissimo, The Saleroom, live platforms, will be invoiced for 3% extra including all taxes and duties.
An additional surcharge of 1 euro is collected for every lot.
Under the current legislation, cash payments are limited to 3,000 euros per purchase form. “Independently of the total amount, no payment in cash may be made or received for more than 3,000 euros in the context of a transaction or a series of transactions between which a link appears to exist.” (Volume III, art. 67, § 2 Economic Law code).
Since Hôtel de Ventes Horta is covered by the special margin scheme, all sales to a European Union resident come under that scheme and there is no VAT to be deducted.
On the sale of certain original works, a payment for the artist’s resale right (royalty) is due to the author or his heirs unless the author died more than 70 years ago.
The royalty is calculated on the basis of the sale price excluding taxes, provided it is at least 2,000 euros.
The royalty is 4% of the part of the sale price up to 50,000 euros, 3% of the part of the sale price from 50,000 to 200,000 euros, 1% of the part of the sale price from 200,000 to 350,000 euros, 0.5% of the part of the sale price from 350,000 to 500,000 euros, and 0.25% of the part of the sale price in excess of that amount, but the royalty cannot be greater than 12,500 euros per work of art and per resale.
Hôtel de Ventes Horta shall collect payment for the royalty and submit it to the bodies officially authorised to receive it as stipulated in the current legislation.
Hôtel de Ventes Horta will make every effort to be able to indicate whether a work is subject to payment of royalties. If, however, after the sale of a work that was not stated to be subject to royalties, it becomes clear that a royalty has to be paid, Hôtel de Ventes Horta will nevertheless be legally obliged to demand payment for the royalty from the buyer at the time of payment, on collection or even thereafter, and every buyer expressly renounces every claim of any kind whatsoever and irrevocably undertakes to pay the royalty at the first request.
All goods must be collected from the premises of Hôtel de Ventes Horta. Packaging or transportation costs are payable by the buyer.
The buyer must collect his purchases after the sale on the next Wednesday between 2pm and 5.30pm; but if the sale has been held on a Wednesday, it must be collected on the next Thursday or Friday between 10am and 5.30pm. No lots are handed over during the sale. After these three days Hôtel de Ventes Horta is no longer liable in case of any dispute whatsoever.
Hôtel de Ventes Horta reserves the right to re-auction lots that are retained because they have not been paid for or collected, at a subsequent sale, at the risk of the buyer who is in default and without prior notice of default.
Suggested transport provider:
Embelco + 32 2 725 09 69 www.embelco.be
Matthias Beirens, +32 50 558 855
After a final sale, no claims will be accepted whatsoever, including those concerning the description of the lots.
In case of any dispute the courts of Brussels have sole jurisdiction.
Immediate availability of lots:
Belgium : Géotra + 32 2 733 79 81
+ 32 2 725 09 69
Matthias Beirens, +32 50 558 855
HOTEL DE VENTES HORTA
AVENUE DE HINNISDAEL 8
B 1150 BRUXELLES
IBAN BE95 7340 1117 9358
BIC : KRED BEBB