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:
+ 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
1. The seller irrevocably authorises Hôtel de Ventes HORTA nv, which agrees, to sell the items mentioned on the front of this document by public auction with commission, in its own name but on the seller’s account, and to collect the hammer price for them.
2. The commission payable to Hôtel de Ventes HORTA nv is determined by mutual agreement between the parties to be 15% of the hammer price, without prejudice to the right of the parties to agree a different percentage; the seller expressly authorises Hôtel de Ventes HORTA nv to deduct this commission from the hammer price stated on the other side of this document.
3. If the seller imposes a minimum hammer price or reserve price and that price is not achieved, the item will, in principle, be withdrawn from the sale. Nevertheless Hôtel de Ventes HORTA nv may sell the item for a lower price than the reserve price since the seller shall, in that situation, be entitled to receive the reserve price minus the commission on the said reserve price, and shall not be able to claim any other payment whatsoever.
4. Whether the lot is sold by public auction or withdrawn from the sale, for any reason whatsoever, the consignor is always obliged to pay Hôtel de Ventes Horta nv the sum of 2/1000 (two thousandths, with a minimum of eight euros) of the estimated maximum value of the consigned lot, as a contribution towards the cost of the all risks insurance cover referred to in article 10 of these General Terms and Conditions. An exit charge of 1 euro is payable.
5. In the event of a sale the seller remains the owner of the items until the moment of sale, when the ownership passes directly and immediately to the buyer. The seller retains ownership of unsold goods in all cases. Unsold items must be collected within 15 calendar days after the sale. After expiry of that period Hôtel de Ventes HORTA nv only has a best efforts obligation concerning storage thereof and the goods will no longer be covered by the all-risks insurance policy referred to in article 10. After a period of three months has expired since the sale, Hôtel de Ventes HORTA nv may sell the lots to the highest bidder to cover the costs that have been incurred.
6. The seller may request a reduction in the reserve price, but any increase in the reserve price will be refused. If, in exceptional circumstances, an increase is accepted or imposed by the decision of a court and the item does not find a buyer, Hôtel de Ventes HORTA nv shall apply a commission of 15%, as of right, to the average of the estimates. A debit note will be issued to the seller, who must pay it when collecting the lot.
7. The seller is not allowed to recover items that have been registered for sale, nor to bid for his own items, either in person or through an intermediary. If he fails to comply with this rule, Hôtel de Ventes HORTA nv may require him to make a payment, as of right, if the item has b been sold, equal to the sale costs, namely 30% of the hammer price, without prejudice to the commission, even if the item is sold to the seller and, if the item is not sold, a fixed payment equal to 30% of the average estimates on the front of this document.
8. The seller, whether he is acting in good faith or not, is solely liable for defects and errors, even if they are hidden, in the items sold and gives a guarantee to Hôtel de Ventes HORTA nv that he is the sole owner of the goods being sold and is the sole holder of the right to sell them. He guarantees and is solely liable for the correctness of the statements on the front of this document and for the authenticity of the items sold.
If applicable, the seller indemnifies Hôtel de Ventes HORTA nv for thirty years against all claims that may be filed against it by third parties, and in particular by buyers, on the basis of the aforementioned, regardless of the legal grounds that they invoke, and shall indemnify Hôtel de Ventes HORTA nv for amounts that are paid or reimbursed on the basis thereof, even if such payments are made on a voluntary basis. The same applies to all royalties and reproduction rights that may be claimed by the entitled parties and/or collection companies. The seller shall, furthermore, in case of nullity, dissolution or annulment of the sale to Hôtel de Ventes HORTA nv, make a fixed payment of 20% of the hammer price to cover the cost of organising the sale.
In any case, and without prejudice to the application of the above paragraphs, if it becomes clear that the seller knew of, or could not be unaware of the fact that the items displayed deficiencies or faults or were false or that the statements on the front of this document were incorrect or false or if he was not the rightful owner or not entitled to sell them, Hôtel de Ventes HORTA nv may claim a supplementary fixed payment from him which is equal to 20% of the estimate, if applicable the highest one, that is stated on the other side of this document.
In any case, and without prejudice to the application of the above paragraphs, Hôtel de Ventes HORTA nv may, in case of dispute by any person in connection with the item, including relating to faults or deficiencies in it, rightful ownership or entitlement to sell the item, or concerning authenticity or statements concerning authenticity on the front of this document, regardless of the legal grounds invoked for this, keep the item and the price paid for it, or give these in custody to a third party, at the seller’s expense, with no possibility of any claim for compensation in relation to this, pending the result of the dispute.
9. Hôtel de Ventes HORTA nv may, without having to justify its action, postpone items to a later sale, in full or in part, or even withdraw the items from sale permanently, and no claim for compensation can be made against it.
10. Hôtel de Ventes HORTA nv is responsible for storing the items once they have been physically handed over at its premises and subject to reservation concerning the special terms and conditions concerning unsold items as stipulated in article 5 above.
In case of any damage, the seller may only claim the cost of repair from Hôtel de Ventes HORTA nv, provided the latter’s liability has been established, and in the absence of fraud by the former or by its governing organs or employees, and in case of total loss, it may claim compensation which cannot, under any circumstances, be greater than the minimum estimate stated on the front of this document.
Hôtel de Ventes HORTA nv is not in any way liable for any damage to frames and glass. To cover its liability for the above-mentioned, Hôtel de Ventes HORTA nv shall take out an all risks insurance policy in its own name.
11. The amounts that are payable to the seller by Hôtel de Ventes HORTA nv, insofar as the buyer himself has paid the hammer price and the costs, shall be paid either in cash on Wednesday, Thursday and Friday two weeks after the public auction, or by bank transfer during the month following the above-mentioned public auction, into the account stated by the seller on the front of this ‘consignment form’.
Except in case of fraud or serious fault committed by Hôtel de Ventes HORTA nv, its governing bodies or employees, it cannot be held liable under any circumstances whatsoever for failure to pay or for late payment by the buyer and, more generally, for failures by the latter to meet his obligations in full. In case of failure to pay, the seller may, at his own initiative, but no sooner than 90 days after the sale, request the return, under his own liability and on presentation of this ‘consignment form’, of items not collected by the buyer and not paid for, and shall not be able to make any other claim whatsoever against Hôtel de Ventes HORTA nv. The latter shall, if applicable, take the necessary legal steps against the buyer, on the instructions of the seller, on the seller’s account and at the seller’s expense, provided the seller has advanced sufficient funds for this beforehand.
12. The seller confers all rights upon Hôtel de Ventes HORTA nv to photograph any item whatsoever entirely as it shall see fit, and at any time whatsoever, including for its catalogue, its ‘Year Book’, its advertising etc.
13. Any amounts that the seller owes to Hôtel de Ventes HORTA nv for any reason which remains unpaid on the due date, shall yield interest, as of right and without notice of default, which is determined to be 1.25% per month, which is also payable in full for part of a month, plus a fixed payment which is determined to be 15% of the amount that is due.
14. Any disputes shall be heard exclusively by the courts of Brussels and in any case always by courts in Belgium. This contract is governed by Belgian law.
15. If any article or part of an article in these general terms and conditions is void, invalid or not enforceable, for any reason whatsoever, the remaining stipulations shall still be applicable.