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ALGEMENE
VERKOOPSVOORWAARDEN

10.5. At the handing over of the goods, the Seller and VDK will proceed to record the
condition of these, together with details of any deterioration of which the Seller shall inform
VDK. Where the parties fail to record this condition, the goods shall be deemed to have
been returned to VDK in the condition in which they were at the time of the Sale. 10.6.
VDK decides at its own discretion whether or not to accept the goods offered by the Seller,
whether or not goods dropped off are placed on sale, its estimate, its description in the
catalogue, its advertising, the date of sale, the conditions of sale and the manner in which
the sale is conducted. VDK also reserves the right to group goods of small value into Lots.
It can in no way be held liable to the Seller for any omissions, errors or mistakes in the
description or estimate made. 10.7. VDK shall be entitled to delay selling items either in
whole or in part, selling them at a later date, or to withdraw items from a sale, without
having to give reasons for doing so, and without being subject to claims for compensation.
10.8. VDK is only an intermediary, and in no case becomes the owner of the items delivered
by the Seller. Any Finalised Sale results in a contract between the Buyer and the Seller.
11. The Seller: declarations and guarantees
11.1. The Seller warrants to VDK and to the Buyer that it is the true owner of the goods
delivered to VDK or that it has the due authorization to sell the property on behalf and
in the name of the owner. He vouches to be able to dispose of the deposited good (s) and
to transfer ownership. 11.2. The Seller guarantees the absence of any present or future
dispute as to the ownership and lawful possession of the goods delivered, and guarantees
VDK and the Buyer against any risk of dispossession or any action that a third party might
take against VDK and/or the Buyer with respect to goods delivered by the Seller to VDK.
11.3. If there are several owners, principals or persons who are in possession of the goods
handed over to VDK, the acceptance of these general terms and conditions by one of them
constitutes acceptance by all and they are jointly and severally bound by all the obligations,
responsibilities, guarantees and other provisions resulting from these general terms and
conditions. 11.4. The Seller warrants to VDK and Buyer that the goods to be sold are not
subject to any intellectual or other property rights restricting their sale, and that there are
no restrictions on VDK's rights to reproduce photographs or other illustrations of the goods
delivered by the Seller. 11.5. The Seller is solely responsible for any faults or defects,
including hidden ones, in the items, whether delivered in good or bad faith. 11.6. The
Seller will provide VDK with all known information regarding the origin of the delivered
goods and will inform VDK in writing, if applicable, of the concern expressed by third
parties about the ownership, condition and authenticity of the goods delivered. 11.7. If the
goods are imported into the European Union from an outside country, the Seller guarantees
to VDK and to the Buyer that all relevant legal requirements and regulations have been
fulfilled. 11.8. The Seller whose goods delivered are not in VDK’s possession or control at
the time of the Sale, guarantees VDK as well as the Buyer that the Lot will be available on
the Buyer’s demand for them, and accepts all responsibility for them. 11.9. The Seller is not
entitled to bid on the Lot that it is putting up for sale, or to have someone bid either directly
or indirectly for it on his behalf. 11.10. The Seller shall fully compensate VDK and the
Buyer in the event that VDK and/or the Buyer should suffer any loss whatsoever because
the Seller has not fulfilled the conditions provided for in this section 10.
12. Estimate and reserve price
12.1. The estimate is a price that VDK expects, by approximation, for the sale of a Lot. It
is determined by VDK and merely represents an opinion. The low and the high estimate
may be reviewed by VDK without prior consultation with the Seller. These are printed in
the catalogue, alongside the Lot. 12.2. Provided that property is valued at more than €500
and that it is put up for sale during a catalogued sale, the Seller has the possibility, when
handing over an item, to request that a reserve price is set, that is, a minimum price below
which the item will not be sold. This reserve must be shown in the mandate agreement and
must be set in agreement with VDK. In the absence of VDK’s prior and express agreement,
reserve prices are not permitted for uncatalogued sales. 12.3. Where the full amount due to
be paid by the Buyer is equal to or greater than the reserve price, VDK reserves the right, at
its own discretion, to sell the Lot for a sum below the reserve price. In this case, the sum to
be paid to the Seller will be calculated on the basis of the proceeds of the sale that he would
have obtained if the Lot had been sold for the reserve price (the reserve price minus the 15%
commission). 12.4. If the Lot reaches the reserve price agreed during the auction, the Seller
irrevocably undertakes, with regard to VDK and the Buyer, to sell. 12.5. Where the Lot does
not reach the reserve price agreed during the auction, the Seller shall not have any claim to
payment or compensation of any kind.
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