Here are the conditions of sale primarily with regard to the seller.
On this website you will also find the complete conditions of sale.
PRIMARILY WITH REGARD TO THE SELLER
9. Warranty of ownership and availability
The seller is the owner or the person acting for or on behalf of them or the person in possession of the object given in consignment. If there is mention of various owners, agents or persons in possession of the goods given in consignment, the approval of the prevailing sales conditions by one of them will act as the approval by all of them and they will all be jointly and severally bound by all obligations, liabilities, warranties and other clauses resulting from the prevailing sales conditions.
a. The seller warrants to Galerij De Vuyst and the buyer that he is the true owner of the lot or has the permission to sell the lot on behalf of the owner and that the lawful ownership of the lot is not disputed.
b. The seller of a lot that at the moment of the auction is not in the hands or under the control of Galerij De Vuyst warrants and assumes all responsibility towards Galerij De Vuyst and the buyer that the lot will be available at the buyer’s request.
c. The seller will compensate Galerij De Vuyst and the buyer if by failing for clauses a and b these parties will have incurred damage.
d. The seller safeguards both Galerij De Vuyst and its employees and the buyer
against all and any claims lodged by third parties against the above-mentioned parties with regard to the goods offered for sale by the seller.
e. The sellers warrants to Galerij De Vuyst and the buyer that:
- he is the owner of the goods given in consignment, or has an appropriate authorisation from the owner to sell and transfer the ownership over these goods.
- he will give to Galerij De Vuyst all known information regarding the origin of the goods and will inform Galerij De Vuyst in writing about any concern expressed by third parties regarding the ownership title, condition and authenticity.
- if the goods are brought into the European Union from a country that is not a member of the European Union, this was done observing all prevailing provisions of law and regulations.
- there are no limitations as to intellectual ownership or otherwise regarding the goods and no limitations regarding the rights of Galerij De Vuyst to reproduce photographs or other pictures of the goods.
10. Limit and estimate
a. The seller may, upon submitting a lot, indicate a limit, i.e. a minimum price at which the lot may be sold. Once the seller has indicated a limit, it cannot be raised without the consent of Galerij De Vuyst. If the limit was not reached at the auction, Galerij De Vuyst will have the permission to negotiate a direct sale at the pre-set limit and to re-include the lot, if it is still in-stock, in a later auction unless the owner informs Galerij De Vuyst in writing, at least two months before the auction, that he does not wish so.
b. However, Galerij De Vuyst is entitled to sell the goods, at its discretion, at a price lower than the limit. In this event, the sum to be paid to the seller will be calculated according to the sales profit that he would have received if the goods would have been sold at the limit price.
c. The estimate is a price that Galerij De Vuyst approximately expects to obtain. It is set by the gallery and is merely an opinion. It may be reviewed by Galerij De Vuyst without prior consultation with the seller. It is printed in the catalogue next to the lot.
11. Commission fee and costs
The seller entitles Galerij De Vuyst to withhold the agreed commission fee from the sales price and to charge the agreed costs for reproductions and others.
Save when otherwise agreed upon between the seller and Galerij De Vuyst, the latter will include each lot in its insurance policy as of the handing over of the goods by the seller or his authorised representative up to and including the day on which the lot is allocated. Before and afterwards, Galerij De Vuyst has no responsibility whatsoever for any loss or damage to the lot. If a seller is invited in writing by Galerij De Vuyst to collect an unsold lot, 14 days after this notification the insurance and herewith every responsibility of Galerij De Vuyst for loss or damage to the lot elapses.
The indicated value for insurance corresponds with the net limit set by the seller and entered onto the receipt. Upon any damage the value estimation will but be acceptable after an expertise by an art expert appointed by the insurance company. Damage resulting from bad conservation or the disintegration of the lot are the responsibility of the owner of the lot.
13. Dissolution of the sale
The seller is personally responsible for the correctness of the data, the authenticity, the nature and the condition of every lot as it is entered onto the receipt signed by him. If the seller appears to be in default in this regard, Galerij De Vuyst is fully entitled to dissolve the sale at any time or to claim the dissolution before court, whereby the amount already paid and the resulting expenses incurred by other parties, if any, must be reimbursed by the seller. Galerij De Vuyst has this right towards the seller regardless of the fact whether or not such claim was lodged by the buyer. The seller confirms to safeguard Galerij De Vuyst against any claim that the buyer and/or any third party may lodge against it pursuant to selling the seller's goods.
14. Payment to the seller
Galerij De Vuyst plans to pay the seller six weeks after the auction, unless Galerij De
Vuyst at that time still hasn’t received the money due from the buyer. In this event, payment will be postponed to five days after the reception of payment by Galerij De Vuyst and the seller will not be entitled to claim any interests from Galerij De Vuyst that are higher than those that Galerij De Vuyst is able to claim from the buyer (being max. 1.5 % per month).
15. If within four weeks after the auction the buyer of a lot still hasn’t paid the amount due, Galerij De Vuyst will make arrangements as indicated below clause 6 of the sales conditions printed on the catalogue in order to claim the total amount due. If due to circumstances Galerij De Vuyst is not able to inform the seller on such irregularities, the seller gives permission to Galerij De Vuyst to set a term for payment, to transport the sold lot in order to keep or give it in custody, to have it insured during this term and to take the necessary steps as it sees fit in order to obtain the payment of the total amount due or to dissolve the sale with a compensation for damage to be paid by the buyer.
16. If the buyer of a lot fails to pay and therefore Galerij De Vuyst postpones its payment to the seller, the lot remains entrusted to Galerij De Vuyst.
17. Costs upon the withdrawal of a lot before the sale
The dissolution of a sales agreement is but possible with the consent of Galerij De Vuyst. The art gallery reserves at all times the right to a compensation for loss of profit, which is equal to the pre-set commission fee and the auction costs calculated according to the limit or, in the absence of such limit, to the estimate assigned to the lot, raised with the VAT due on this and the various costs made to prepare the sale of the lot.
18. Photography and publicity
If the seller asks for a reproduction in the catalogue, € 75 will be charged for a colour depiction, even if the lot is not sold.
19. Unsold lots
If a lot remains unsold, the consigner will make arrangements either to re-offer the lot for sale or to collect the lot provided that all agreed costs are paid. If such arrangements cannot be made by the consigner within:
a. 14 days after the notification by the art gallery, the consigner will be responsible for all additional transport, storage and insurance costs;
b. 3 months after the notification by the art gallery, Galerij De Vuyst will, if all other notifications remain unanswered, be entitled to sell the lot in auction without any reserve and to withhold from the sales price all sums it is entitled to for transport, storage and insurance costs.
20. Galerij De Vuyst is entitled not to auction one or more lots, to transfer lots to later auctions, to split up lots or to combine them.