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ALGEMENE
VERKOOPSVOORWAARDEN

previous sales; • to put the Lot up for Sale, any shortfall in comparison with the initial sale
being borne by the defaulting Buyer, in addition to the costs pertaining to the resale, and
this without the Buyer having any claim regarding a possible bonus gained at the time of a
resale; • to keep any other Lot sold to the defaulting Buyer in the same sale or in previous
sales, until the full amount due has been paid; • to sell any goods belonging to the Buyer,
which have been delivered to VDK, the sum collected in this way being used to pay the
amounts owed by the Buyer; • to refuse any subsequent bid on behalf of or by the defaulting
Buyer.
9. Description of the Lots
9.1. All Lots are second-hand goods sold in the condition in which they are at the time
of the Sale, with their defects and imperfections. 9.2. Accidents are indicated by (*) and
restorations by (**). However, the absence of any details on the condition of a Lot does
not imply that the item is in good condition or is free from damage or defects, or has not
been restored. Additionally, catalogue illustrations are merely given by way of identifying
different Lots. 9.3. Terms used in the catalogue reflect general usage in the art trade in
Belgium, and are presumed and intended to be fully understood by the Buyer. 9.4. All
descriptions or explanations of a Lot appearing in the catalogue, a brochure, the website or
any advertising by VDK, are given in good faith, but are only an opinion given by way of an
indication which cannot, whatever the case, be taken to be proven facts. Neither VDK, nor
any of its agents, are responsible for any inaccuracies in these opinions or any errors in the
description or evaluation of the Lots, the accuracy of which they do not guarantee. The same
applies to the stated author, signature, date, provenance, attribution, origin, authenticity, or
condition of the Lots, the accuracy of which interested parties are expected to examine. If a
certificate is attached, the description shall not be binding on VDK. Since the Buyer bears
the risk of errors in description, the Buyer is presumed to accept the lack of conformity. This
clause represents a caution for the Buyer who, of his own free will, chooses to be exposed to
the risks linked to the value attributed to a work of art through the workings of an auction.
Claims of whatever nature, concerning Lot descriptions, will therefore be rejected, once the
sale has been pronounced. 9.5. Likewise, the various studies and analyses carried out by
VDK prior to the Sale, whether requested or not, are made in good faith but remain purely
estimates, and are given by way of an indication, and are not legally binding. VDK and its
agents cannot be held liable because of these. 9.6. The Buyer is deemed to be incontestably
capable of forming his own opinion on the desired Lot and its description, condition and
authenticity, prior to the Sale. As such, the Buyer is irrefutably presumed to have been able
to assess the Lot in person during the exhibition prior to the Sale, even when taking part in
the auction by a means of remote communication or by leaving a buying order in writing.
9.7. VDK does not, in any way, guarantee the proper working order of mechanical articles
or such as are fitted with a mechanical system (eg. watches, clocks, etc.). 9.8. Concerning
jewels, these cannot be detached and hence VDK merely states an indicative size, and not
the weight. 9.9. In any event, and except in the event of fraud or gross negligence on the
part of VDK, the latter cannot be held liable in any way, whether directly or indirectly, for
any loss, of whatever nature, arising from this section 9. In all cases where VDK may be
held liable, whatever the reason, liability shall be limited to the sales fees collected by VDK.
THE SELLER
10. The mandate
10.1. The non-representation mandate concluded between the Seller and VDK is a
commission contract under which the Seller irrevocably appoints VDK, which accepts
against payment of a commission, to put the goods handed over to VDK up for public sale
and to collect the auction price. 10.2. This is an irrevocable mandate. The goods handed
over to VDK cannot therefore be taken back by the Buyer, whatever the situation, before
the Sale during which the goods will be put up for public sale, except with the express prior
agreement of VDK, and subject to payment by the Seller of the cancellation, management,
sale, and transport costs, as well as compensation for the loss of the VDK commission
on the sale of goods, set at twice the commission as calculated on the basis of the VDK’s
upper estimate. 10.3. The Seller grants VDK the right to retain the agreed commission
from the auction price and to invoice the Buyer for the purchase of the Lot. 10.4. The
Seller undertakes to deliver his goods to VDK’s premises. The costs of transporting the
goods to VDK shall be borne by the Buyer, even when VDK is responsible for carrying out
or arranging for such transport, unless VDK has expressly agreed otherwise in advance.
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