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ALGEMENE
VERKOOPSVOORWAARDEN
conditions. 2.4. Where VDK is not seen to rely on general terms and conditions at a given
time, this cannot be interpreted as a waiver on its part to subsequently avail itself of the said
terms and conditions.
THE 'BUYER
3. Buyer
3.1. Persons wishing to be Buyers must give VDK their name, address, telephone number
and possibly their identity card or passport numbers, as well as any further information,
particularly bank details, which may be requested by VDK. 3.2. Any Buyer is deemed,
vis-à-vis VDK, to act in his own name, even for the Lots that he has acquired as an agent.
Likewise, any Buyer who acquires a Lot and requests that it be invoiced to a third party
remains personally and jointly liable for his payment towards VDK. 3.3. Where there are
multiple Buyers for a single Lot, they shall be deemed to be jointly and severally liable for
the whole purchase with regard to VDK.
4. Sale
4.1. The Buyer making the highest bid gains the Lot at the auction price and must irrevocably
meet his or its commitment to VDK and to the Seller.. 4.2. In the event of a dispute regarding
the bidding, only the bailiff or the auctioneer present shall be qualified to decide who the
Lot is to be awarded to or, where applicable, that the Lot is to be reauctioned. 4.3. As soon
as a Lot is awarded to a Buyer, the risks are fully transferred to him and he is required to pay
the price thereof. The Buyer acquires ownership of the Lot only after payment of the full
amount due to VDK and the removal of the acquired Lot. 4.4. Any Finalised Sale results in
a contract between the Buyer and the Seller, whereby VDK acts only as an agent. 4.5. The
Buyer shall be entitled to issue buying orders in advance of the Sale. However, the mandate
must reach VDK at the latest 24 hours before the Sale begins, unless expressly otherwise
agreed by VDK. The instructions given to VDK must, in the latter’s opinion, be clear and
unambiguous; if this is not the case, VDK shall have the right to refuse the assignments. If
two orders to buy relate to the same Lot for the same amount, the first placed order shall
take precedence. 4.6. Buyers wishing to participate in the Sale via online auction software
shall be permitted to do so. In the event of participation in a Sale on an independent online
platform linked to VDK, the Buyer shall be deemed to be aware of these general terms
and conditions applying generally to all online Buyers participating in a Sale. In the event
of identical auctions, an auction in the room will always take priority. In addition, VDK
rejects all liability in the event of technical problems occurring during the Sale (loss, faults
or interruption of the internet connection, the online auction software or the computer)
which are disadvantageous to the Buyer. 4.7. The Buyer wishing to do so can request of
VDK that he or it participates in the Sale by telephone. In the event of participation in the
Sale by telephone, the Buyer must confirm his participation in the Sale by letter, fax or
e-mail, stating his identity and providing any information that may be requested by VDK,
which reserves the right in particular to ask for bank details. Furthermore, in the event of
participation in the Sale by telephone, the Buyer undertakes to bid at least the catalogue
low-end estimate, and VDK reserves the right to request a guarantee equivalent to this
low estimate as stated in the catalogue, prior to the sale. If VDK cannot make telephone
contact with the requester during the Auction, the latter accepts that VDK will take bids on
its behalf up to the low-end estimate shown in the catalogue, or up to the amount that the
requester has indicated in its written request. Under no circumstances can VDK be held
responsible for the Buyer’s mistakes when quoting the number of the Lot he or it wishes to
acquire or his telephone number, nor for any technical problem linked, for example, to the
connection, the network or the telephone line. 4.8. VDK shall be entitled, at any time, to
refuse a bid during a Sale, to have the auction proceed as it sees fit, to award a Lot subject
to reservations, not to auction a Lot shown in the catalogue, to combine Lots, to modify the
chronological order of the Lots to be auctioned, or to withdraw a Lot from the Sale, if it
does not reach the reserve price.
5. Price
5.1. The auction price, plus sundry costs and, where applicable, the resale right, are payable
by the Buyer. 5.2. The selling costs are 25% of the auction price. 5.3. The exit right applies
to each Lot acquired. It amounts to € 1 for catalogued sales and € 5 for uncatalogued
sales. 5.4. In the event of an online sale, additional costs will be invoiced to the Buyer
in the amount of 1.5% of the auction price, when the Buyer participates in the Sale and
acquires a Lot via the online platform Drout Digital, and 5% of the auction price when
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