Sale terms and conditions

Terms and conditions regarding the Purchaser

1. The Purchaser is the person that has been awarded the lot. They shall provide Galerie Moderne S.A. ('la Galerie') with their name, address, bank details, copies of identity card or passport, etc.

2. The Purchaser is deemed, towards la Galerie, to be acting in their name and on their behalf, even for lots that have been purchased when acting as a proxy.

3. The Purchaser is bound by the awarding of the lot. However, la Galerie remains free to reject the awarding of the lot, even after the auction has ended, without stating its grounds.

4. The Purchaser may participate in auctions by leaving a written bid order, for bids over 10.00 euros, by telephone or electronically for bids over 500.00 euros. For the latter, they must confirm their participation by letter or fax and provide all of the information required by la Galerie. La Galerie will treat orders received in this way with all possible care. However, la Galerie cannot be held responsible for any omissions in orders received in this manner. In addition, la Galerie cannot be held responsible for errors made by the Purchaser regarding the lot number, telephone number to be called, email address or any problems that may arise in establishing communication. In the case of equivalent bids, priority is always given to Purchasers that are present at the public auction session.

5. The Purchaser is deemed indisputably to have been able to assess the item sold during the exhibition held prior to the public auction session. This also applies when the Purchaser participates in the auction via a means of remote communication or by leaving a written bid order.

6. The information or descriptions in documents from la Galerie must be considered as being for information only and la Galerie can under no circumstances be liable for them. In no circumstances does la Galerie guarantee the authenticity, attribution, date, age, nature, state, origin, etc. of an object. It is the responsibility of the Purchaser to assess the nature and state of an object. Without prejudice to the above, regarding jewels, la Galerie only provides an estimated measurement, not the weight, as unsetting is not possible. Regarding porcelain and crystal, only visible faults (cracks, visible restoration) are indicated, if applicable.

7. The Purchaser only gains ownership of the lot when full payment of the price and additional costs has been made. No delivery can be made until this payment has been irreversibly made. However, all risks are transferred in full to the Purchaser as of the lot being awarded.

8. The Purchaser shall pay the bid amount, plus a commission of 22%, including VAT and a fee of 2.50 euros per lot, within three working days starting from when the lot is awarded. Cash payments are not accepted beyond 3.000,00 euros, within the limits provided by law. Only certified and guaranteed cheques are accepted for immediate delivery. Payment can also be made via bank transfer and credit or debit cards. Payments are always made at the offices of la Galerie.

9. In accordance with the Law of 30 June 1994 concerning copyright and related rights, the Purchaser is also, if applicable, liable for the payment of royalties to the artists and authors of works sold, in addition to the total sale price of the lot. This obligation remains even in the event that the claiming of these rights takes place after the sale and collection of the lot, with no time limit. La Galerie will not intervene in any dispute concerning whether or not the claiming of royalty rights is justified.

10. Any amount that is not paid on time shall automatically and without prior notice be liable for late payment interest of 1% per month. In addition, the invoice amount shall be increased by 15% (with a minimum of 65.00 euros) under a penalty clause. La Galerie also reserves the right to auction lots that have not been paid again. The Purchaser who failed to pay shall also pay the difference between their auction price and the auction price when re-auctioned.

11. The Purchaser must collect their lot from the head office of la Galerie, rue du Parnasse, 3 in 1050 Brussels, within three working days from when the lot is awarded. Responsibility and risks concerning packaging, handling and transport always fall with the Purchaser.

12. After the collection deadline, la Galerie reserves the right, without prior notice, to either auction again lots that have been paid for but not collected, to have them transferred to storage facilities at the expense and risk of the purchaser, or to demand payment of 5.00 euros per lot and per day of delay, increasing to 7.50 euros if the delay exceeds fifteen days.

13. Personal data are only handled by la Galerie. They are not shared with any third parties. Galerie Moderne S.A., rue du Parnasse 3, 1050 Bruxelles, no. BCE 0438 831 463 is responsible for handling personal data. The people with access to the data are members of Galerie Moderne S.A. staff. In accordance with the Law of 8 December 1992 concerning personal data protection, the Purchaser has the right to access data relating the themselves, to correct it and to delete it. This personal data is collected for la Galerie's customer management purposes, including its direct marketing (e.g. announcements of upcoming auctions and events it is organising). The Purchaser has the right, at any time, free of charge and upon request, to prevent the use of data about themselves from being used for direct marketing.

14. Any disputes that may arise between the parties shall be settled exclusively according to Belgian law. They shall be brought exclusively before the courts of the judicial district of Brussels and, if applicable, the Justice of the Peace of Ixelles.

15. Except in the case of wilful gross negligence or deceit by la Galerie, la Galerie shall in no way be liable, either directly or indirectly, for damages of any kind, regardless of whether they arose from the Purchaser having access to or using la Galerie's services. In any cases where the Galerie can be held liable, for any reason, this is limited to the amount of the commission received.

16. These terms and conditions shall take precedence, except if an exemption is granted in writing, over any of the Purchaser's conditions.



Terms and conditions regarding the Depositor

1. The Depositor is the person who commissions la Galerie Moderne S.A. ('la Galerie') to sell an item at public auction. They shall provide la Galerie with their name, address, bank details, copies of identity card or passport, etc.

2. The Depositor guarantees that they are the sole owner of the item being sold and that it is free of any charges, rights, protection measures or general constraints of any kind. The Depositor shall compensate la Galerie, and the Purchaser, for any damages they incur, in particular following appeals or actions taken against them which are based in lack of ownership of the lot or any charge, right, protection measure or constraint that it is subject to. Moreover, only the Depositor shall be held responsible vis-à-vis the Purchaser for non-compliance or hidden defects in the lot sold, with la Galerie being excluded from any responsibility.

3. La Galerie reserves the right to accept or reject lots offered by the Depositor. It also decides on the description of the item, as well as where it may be placed in a catalogue or advertising, on which date it is auctioned, where in the order it is be auctioned and how the auction is run. It also reserves the right to combine low-value items into lots. It can under no circumstances be held responsible vis-à-vis the Depositor for any omissions or errors in the description or estimations produced.

4. When depositing the item, the Depositor is required, accurately and in good faith, to fill in a deposit form and sign it.

5. If necessary, the Depositor shall include a reserve price on the deposit form, beneath which the item will not be sold. This reserve price must be accepted by la Galerie. If the item does not reach the agreed reserve price, la Galerie may auction the lot again, automatically reducing the reserve price by 30%, except if the Depositor collects the lot before this. A sale record is sent to the Depositor within 21 working days after the sale of the lot.

6. Any unsold lot shall be collected by the Depositor within 8 working ways from the auction session. Any lot that is not collected before this deadline may be freely auctioned again by la Galerie, or be subject to fixed storage fees of 5.00 euros per lot per day of delay, increasing to 7.50 euros if the delay exceeds fifteen days.

7. The Depositor agrees to deposit the item at the la Galerie premises. The transportation of items to la Galerie is at the expense and risk of the Depositor, even when la Galerie is put in charge of carrying out or arranging the transportation.

8. Other than in the case of wilful gross negligence, or unless expressly agreed otherwise, la Galerie cannot be held responsible for risks connected to the deposit and display of items entrusted to it.

9. The Depositor cannot collect the lot being sold before it is put up for public auction unless this is with the prior and express agreement of la Galerie.

10. La Galerie is never committed beyond the obligation to pay the Depositor the value of the bid amount, after the deduction of a commission of 15% of the total price of the lot sold (including VAT) and 2.50 euros per lot. In addition, in any cases where the Galerie can be held liable, for any reason, this is limited to the amount of the commission received.

11. The payment to the Depositor can be carried out in cash except when the value exceeds 5,000.00 euros including all charges and taxes by cheque or by bank transfer, after a period of 21 working days from the date of the definitive sale. Payment shall only occur when the lot has been paid for by the Purchaser. In the event the Purchaser does not make the payment, for any reason whatsoever, the Depositor can only request the return of the item, excluding any other damages, at which point la Galerie will renounce the commission. Payments are always made from our head office.

12. The Depositor does not have the right to bid on an item they have put up for sale, in person or via an intermediary of any kind.

13. The depositor is required to provide la Galerie with all information concerning the intellectual property rights relating to deposited items. The Depositor is solely responsible vis-à-vis the holders of intellectual property rights and vis-à-vis third parties concerning the compliance of the information given.

14. Personal data are only handled by la Galerie. They are not shared with any third parties. Galerie Moderne S.A., rue du Parnasse 3, 1050 Bruxelles, no. BCE 0438 831 463 is responsible for handling personal data. The people with access to the data are members of Galerie Moderne S.A. staff. In accordance with the Low of 8 December 1992 concerning personal data protection, the Depositor has the right to access data relating to themselves, to correct it and to delete it. This personal data is collected for la Galerie's customer management purposes, including its direct marketing (e.g. announcements of upcoming auctions and events it is organising). The Depositor has the right, at any time, free of charge and upon request, to prevent the use of data about themselves from being used for direct marketing.

15. Any disputes that may arise between the parties shall be settled exclusively according to Belgian law. They shall be brought exclusively before the courts of the judicial district of Brussels and, if applicable, the Justice of the Peace of Ixelles.

16. Except in the case of wilful gross negligence or deceit by la Galerie, la Galerie shall in no way be liable, either directly or indirectly, for damages of any kind, regardless of whether they arose from the Depositor having access to or using la Galerie's services.

17. These terms and conditions shall take precedence, except if an exemption is granted in writing, over any of the Depositor's conditions.