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ALGEMENE
VERKOOPSVOORWAARDEN
13. Payment
13.1. VDK will pay the Seller an amount equivalent to the hammer price minus fifteen
percent (15%) commission, without affecting the capacity of VDK and the Seller to
agree on a different rate. Payment will be made by bank transfer. 13.2. Subject to having
received the full amount due by the Buyer on that date, VDK shall make its payment to the
Seller no later than six weeks after the Sale. VDK can in no way be held responsible for a
Buyer’s failure. 13.3. If the Lot is not paid for by the Buyer, VDK alone can decide on any
measures to be taken against the Buyer. In no case will the Seller be entitled to interest or
compensation for late payment, and the Lot will in the meantime remain entrusted to VDK.
13.4. If VDK does not finally receive the sum owed by the Buyer, it reserves the right to
quite simply annul the sale altogether and to notify the Seller accordingly, who will be able
to either put his or its property up for sale at a later date or recover his property without a
claim to any compensation.
14. Unsold Lots
14.1. If a Lot has not been sold at the time of the Sale, the Seller will make arrangements
either to subsequently put the Lot back on sale, or to withdraw the Lot in return for payment
of any agreed fees. If these arrangements are not taken up by the Seller during the 30
days following the Sale at which the Lot was put up for sale, VDK will no longer assume
any obligation as regards their custody and these Lots will no longer be covered by the
insurance from VDK. 14.2. After the deadline provided for in Article 14.1, the depositor
will be liable for all unsold lots, interest of 2% per month for storage costs, calculated on the
low estimates. 14.3 Furthermore, after the period provided for in section 14.1, VDK shall
automatically be entitled, at its own discretion, to include this Lot, as long as it remains in
store, in a later sale, without any reservations, and to withhold any sum due to it, for the
costs it has incurred, from the hammer price.
15. Insurance and Liability
15.1. VDK states that it holds public liability insurance and that it will only accept liability
for damage or repair which would be covered by the insurance policy concerned. 15.2.
Unless otherwise agreed between the Seller and VDK, VDK will take back each item
deposited with it and covered by its insurance policy from the date of delivery of the goods
by the Buyer or by his agent until the day of the auction of the Lot, in the event of a sale
of the Lot, or as the case may be, within 30 days after the day of the Sale if the deposited
property has not been awarded and the Seller has not come forward in accordance with
section 14.1. Before and after this period, VDK cannot in any way be held liable for loss
or damage to the property. 15.3. Goods shall only be insured by VDK, insofar as this is
necessary, from the time at which they arrive on VDK’s premises. 15.4. Damages for which
VDK is not responsible, or which result from poor storage or disintegration of the delivered
goods shall be the Seller’s responsibility. 15.5. In the event of damage, and assuming that
VDK's liability is established, the Seller may in any case only claim from VDK the cost of
repairs, without this amount being greater than the low estimate stated in the catalogue. The
determination of the value of the damage will only and exclusively be admissible following
assessment by art experts appointed by the insurance company. In the event of total loss,
the Seller may in no case claim compensation greater than the low estimate shown in the
catalogue, from VDK. 15.6. In any event, VDK's liability is limited to repairing real, direct
and personal damage suffered by the Seller, to the exclusion of any indirect or immaterial
damage such as, without limitation, the loss of income and gains, loss of customers, loss of
contracts and additional costs.
16. Intellectual property
16.1. Both the Seller and the Buyer give VDK the right to photograph all items delivered
and Lots acquired and to publish these photographs which it holds, whether regarding Sales
or otherwise. 16.2. All creative works (written and oral works, aesthetic art, graphic designs
and works in plastic, photographs, software, logos, advertising work, etc.) produced by
VDK are protected property, and remain the full property of VDK, which can therefore use
them at its own discretion. This list is given by way of illustration and is not exhaustive.
17. Miscellaneous
17.1. VDK may communicate with the Seller and Buyer, and vice versa, by telephone,
fax, and by ordinary or electronic mail. 17.2. VDK reserves the right to deny access to
its premises at any time during exhibitions or sales. 17.3. In addition, VDK reserves the
right to subcontract and thus transfer the performance of all or part of its services to the
person of its choice. 17.4. VDK undertakes to comply with Regulation (EU) 2016/679 of
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