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Terms and conditions buyer and seller

Terms and conditions buyer

The joint stock company Auction House Bernaerts JSC (hereafter BERNAERTS AUCTIONEERS) announces to the participants of the sale that the sale will be held according to the terms and conditions listed below and any participation in the auctions implies the unconditional acceptance of the present conditions of sale.

  1. Auction day

The public auction takes place through an oral bid, written bid, telephone bid, or electronic bidding. The successful bid is awarded to the highest bidder, per lot, against cash payment. At the time of the auction, the buyer must indicate his name, address, telephone number, identity card number, and signature on the purchase card of BERNAERTS AUCTIONEERS BV, to the extent that he did not previously do so. Bidders must make their offers using the personal number assigned to them. For electronic bidding via an online live platform, the buyer must be registered at least 5 hours before the beginning of the successive auction sessions by completing the registration form on the website www.bernaerts.be or live.bernaerts.eu.

  1. Commitment of the bidder

By his offer, each bidder commits himself to purchase the goods offered for sale at the price he has proposed. He nevertheless has no recourse if the sale is suspended or stopped for any reason whatsoever.

BERNAERTS AUCTIONEERS BV may, in case of a negligent buyer, decide to dissolve the sale and sell the lot to the underbidder. BERNAERTS AUCTIONEERS BV may then recover any costs or lost revenue from the buyer.

  1. Conduct of the sale, order

The judicial officer maintains order during the sale. He ultimately rules on all possible disputes of any nature whatsoever arising from the sale, including the amount of the bidding increments and the designation of the highest bidder. The auctioneer has, among others, the right to set the minimum price of each offer, to refuse the bid of persons that he does not know or whose identity or creditworthiness does not seem proven to him – in which case the previous bidder remains bound –, to stop the sale without having to give any explanation to the bidders, and to split, join, or withdraw any lot from the auction. In case the freedom of bidding is obstructed or disrupted by violence, threat, or any other fraudulent means, article 314 of the Penal Code applies. In case a limit price has been set by the provider/seller, BERNAERTS AUCTIONEERS BV has the right to bid on behalf of the provider/seller. BERNAERTS AUCTIONEERS BV reserves the right to refuse any offer made by unknown buyers.

  1. Buyer by mandate or third-party buyer

The buyer may designate a principal, provided that he specifies this to the auctioneer immediately after the end of the auction. The buyer answers for the creditworthiness and competence of his principal; everyone remains personally responsible for their purchase, even if another person is stated as the buyer.

  1. Guarantee

The successful bid does not imply any absolute guarantee – including regarding authenticity – on the part of the acting auctioneer or the instrumenting judicial officer. The goods and art objects are sold in the state in which they are at the place of exhibition and auction, and without any absolute guarantee. Buyers are deemed to have reviewed and examined the goods and art objects and to have made their offer being fully informed. The estimated prices quoted in the catalogue serve for information purposes only. The electronic catalogue can be consulted and downloaded free of charge on the website www.bernaerts.be. Exceptionally, the sale of an art object can be cancelled and the hammer price refunded to the buyer if the object bought is returned within one month after the auction with evidence that it is a falsification, and provided that the object remains in the exact same state and condition as at the time of the auction.

  1.  Indivisibility and particularity

All obligations arising from the sale are by law, jointly, severally, and indivisibly the responsibility of all those who buy for a joint account, the final buyer, and those who bought for him, both for legal entities and for natural persons, on the guarantors between them and those for whom they act as guarantor, as well as the heirs and successors of each of the people mentioned above.

  1. Payment of the purchase price and additional costs by the buyer

Immediately after the auction or upon collection of the goods, the buyer must pay the total cost price to BERNAERTS AUCTIONEERS within 7 days after the auction. This is the hammer price increased by:

  • 28% for costs for floor bidding, telephone bidding, and written absentee bids (sent physically or via email).
  • 30% for costs for bidding via an online platform.

Value Added Tax (VAT) is included in these costs.

In addition, each lot incurs administrative costs of € 2.

For an original work of art whose artist passed away less than 70 years ago, the hammer price from € 2,000 onwards may be increased by the resale right (droit de suite) as follows:

  • 4% of the portion of the hammer price up to and including € 50,000.00;
  • 3% of the portion of the hammer price from € 50,000.01 up to and including € 200,000.00;
  • 1% of the portion of the hammer price from € 200,000.01 up to and including € 350,000.00;
  • 0.50% of the portion of the hammer price from € 350,000.01 up to and including € 500,000.00;
  • 0.25% of the portion of the hammer price above € 500,000.00.

However, the resale right can never exceed € 12,500.00.

The rate of the first segment, i.e. 4%, must be applied to the entire amount that lies within this segment (Law of 4 December 2006 and Royal Decree of 2 August 2007).

All purchases must be paid within 7 days/weeks after receiving the invoice.

Payment in euros can be made by:

  • cash up to a maximum amount of 3,000 euros, costs included
  • Bancontact
  • credit card
  • bank transfer to account number IBAN BE02 6451 0493 5140 and BIC JVBABE22
  • digitally with a QR code

For each new online auction, the buyer must register again and accept the general terms and conditions of sale.

The sale of the lots proceeds in the order indicated in the catalogue. Bidding begins at approximately 75% of the lowest estimate (for ‘online only’ auctions, this starts at approximately 60% of the lowest estimate) and increases by approximately 10%.

  1. Compensation – confusion

The buyer cannot claim nor compensation, nor confusion, nor article 1653 of the Belgian Civil Code in case of trouble of the purchaser.

  1. Resale – irresponsible bidding

If the buyer, the person to whom a lot is awarded, the guarantor, and/or the indicated principal fail to immediately fulfil the obligations set out in these terms and conditions or to immediately meet one of the conditions of sale, the item may be resold at his expense on the basis of an irresponsible bidding. The resale is carried out under the supervision of the judicial officer already requested, under the same auction conditions. The failing buyer shall pay the difference between the price for which he bought and the resale price, without being able to claim any potential balance in case the re-auction yields a higher sale price. This balance will benefit the provider/seller or the mass of competing creditors. The irresponsible bidder is required, in addition, to pay the expenses caused by his negligence and by the re-auction, as well as other costs of any kind, without prejudice to damages for any reason whatsoever. Delivery of a bank cheque which is not paid immediately at the first presentation is considered a failure to pay, without prejudice to the application of criminal law if necessary, and the compensation of protest, discount, and other costs.

  1. Transfer of ownership – provisional measures

From the moment of the successful bid, all risks related to the purchases are the responsibility of the buyer. The item is delivered in the state it is in at the time of the award, with all its visible and hidden defects. Immediately after the award, the item shall be kept with the utmost care. However, the buyer must take all useful measures for the preservation of the item. From the moment of the award, items only remain on-site at the risk and expense of the buyer, who is solely responsible for the item he bought.

  1. State of the items – exhibition

Since the goods and works of art can be viewed before the sale and the terms and conditions have been communicated, the buyer is deemed to be fully, personally, and on his own responsibility informed of the state and authenticity of the goods and art objects. He has no recourse against BERNAERTS AUCTIONEERS BV, the acting judicial officer, or the auctioneer for error, inaccuracy, or negligence in the description of the goods and works of art, nor for any other material defect of the goods and art objects. The information on www.bernaerts.eu takes precedence over the information on all other bidding platforms (including Invaluable, Drouot, and LiveAuctioneers). All data concerning the goods and art objects in catalogues, advertisements, brochures, or any other written communication from BERNAERTS AUCTIONEERS BV, and especially their description and/or origin or authenticity, are provided only for information purposes and under all reserve. Neither BERNAERTS AUCTIONEERS BV nor the instrumenting judicial officer assume any responsibility in this regard. The sale is preceded by an exhibition during which BERNAERTS AUCTIONEERS BV will be available – physically or virtually – to the public to provide information to the best of its knowledge and belief. The purpose of the exhibition is to allow a thorough examination of the state of preservation, quality, and authenticity of the goods, as well as to clarify any defects or inaccuracies in the descriptions from the catalogue. Furthermore, the public can appeal to BERNAERTS AUCTIONEERS BV or an expert chosen by the enthusiast for a more thorough investigation throughout the duration of the exhibition. BERNAERTS AUCTIONEERS BV is not prepared to take items back if the description in the catalogue was revoked during the auction or published with a ‘status update’ in the online catalogue and the new description was given orally to the public. Each visitor is responsible for the damage that he causes to the exposed objects and lots, even if it happened coincidentally and/or involuntarily. Similarly, the provisions of article 2280 of the Civil Code apply to this public auction.

Condition reports cannot be requested for goods included in a Timed Online Auction.

  1. Passing of possession – removal
  1. Collection Period: The buyer is required to collect the purchased and fully paid goods within a period of 10 calendar days from the auction date at the location designated by the auction house. Identification and presentation of a purchase card are mandatory upon collection. No lot shall be delivered before full payment of the purchase price and associated costs, unless expressly agreed otherwise by BERNAERTS AUCTIONEERS BV. Any potential damage incurred during the collection or transport of the goods is entirely at the buyer’s risk and expense.
  2. Responsibility After Purchase: From the moment of payment of the purchase price and associated costs, the risk of loss, damage, or theft fully transfers to the buyer. The auction house shall not be liable for any damage to or loss of uncollected goods after the expiration of the collection period.
  3. Storage Fees for Late Collection: If the buyer fails to collect the goods within the stipulated period, they shall automatically and without prior notice of default be liable for a storage fee of € 5 per lot per day of delay. These costs shall be calculated from the first day following the expiry of the collection period.
  4. Compensation for Non-Collection: If the buyer fails to collect the goods within a period of 10 calendar days, a fixed compensation of 10% of the total purchase price, with a minimum of € 1,500, shall be charged. This compensation shall be due in addition to the storage and other costs.
  5. Re-Auctioning in Case of Non-Collection: If the buyer does not collect the goods within a period of 2 months, the auction house reserves the right to re-auction the goods after written notice. In this case, the buyer shall be deemed to have given their explicit and irrevocable consent to the re-auctioning. The auction house also reserves the right to destroy the goods at the buyer’s expense if resale is not feasible.
  6. Deduction of Costs in Case of Re-Auction: In the event of re-auctioning, the buyer shall have no right to any potential surplus proceeds from the new sale. The auction house is entitled to apply the proceeds of the re-auction to cover the damages, storage fees, and other costs owed to it, specifically: deduction of the due compensation (minimum € 1,500 or 10% of the purchase price) + deduction of storage fees (€ 5 per lot per day of delay) + administrative, transport, insurance, and re-auctioning costs.
  7. Transport of Purchased Goods: As a general rule, the buyer shall be responsible for arranging the transport of purchased goods at their own risk and expense. Upon the buyer’s request, BERNAERTS AUCTIONEERS BV may arrange the shipment of items at the buyer’s expense and risk. All transportation costs, including customs, insurance, and any related formalities, shall be borne by the buyer. Such shipments shall not be insured by the auction house unless otherwise agreed in writing.
  8. No Reimbursement: The buyer shall under no circumstances be entitled to a refund of the purchase price or any other compensation if they fail to collect the goods in a timely manner.
  9. Legal Consequences: If necessary, the auction house reserves the right to take legal action in cases of non-collection, including but not limited to claims for damages, storage fees, and other incurred costs. Any legal and collection costs shall also be fully borne by the buyer.
  1. Refund

In case BERNAERTS AUCTIONEERS BV, for whatever reason, is required to repay the funds already paid to it, no interest can be charged on this sum under any circumstances.

  1. Written and telephone bids

Through a written order, BERNAERTS AUCTIONEERS BV takes care of its customers’ purchase orders free of charge. The purchase of the lots will be done as cheaply as possible, provided the limit prices or other possible offers allow it. The orders must be confirmed in writing by letter, fax, or email, bearing the signature of the bidder. A form for written bidding can be provided by BERNAERTS AUCTIONEERS BV. The written bids must be properly completed, signed, and delivered to BERNAERTS AUCTIONEERS BV or its employees 5 hours before the start of the oral bidding, or have reached them by (registered) letter before this time, the latter at the risk of the written bidder in case of late receipt of the written bid. These bids are not purchase orders or commissions, but orders to buy at the indicated price. In case of an equal bid, the oral bidding has priority over the written bid. If several written purchase orders for the same lot with equal amounts reach the auction house and these written bids are the highest bids on the lot in question, the lot will be awarded to the person whose purchase order reached the auction house first. The auctioneer is not required to inform the public beforehand. Neither the non-execution of a written bid by mistake, nor the failure to establish or the breakdown of a telephone connection, nor a network failure, can give rise to any claim for damages against the auction house. The possibility to bid in writing, by telephone, or online is a free service that does not entail any liability on the part of BERNAERTS AUCTIONEERS BV.

  1. Damage

Each visitor is responsible for the damage he causes to the exhibited objects and lots, even if it happens accidentally and/or involuntarily.

  1. Data Management

Personal data we process will not be stored longer than necessary. Our data retention policies and procedures comply with legal obligations regarding the retention and deletion of personal data.

The law of 15 August 2020 under Belgian law implementing European Directives 2018/843 and 2015/849 concerning the prevention of money laundering and/or the financing of terrorist activities obliges all actors in the art and antiquities trade, including auction houses, to request and register the identity of all parties involved with an account amounting to 10,000.00 euros or more; for a company, the articles of association or the identity of the ultimate beneficial owner(s) must also be requested.

All data is exclusively at the discretion of the auction house and will be treated with strict compliance with the General Data Protection Regulation (GDPR) law.

  1. Pre-emption right Flemish Government

Pursuant to the Decree of 24 January 2003 on the protection of movable cultural heritage of exceptional importance, as amended on 29 March 2024, the Flemish Government has a pre-emption right on the cultural goods or works of art that feature in the auction and that it considers to be rare and indispensable to the Flemish heritage. The Flemish Government can exercise this pre-emption right until two months after the date of the auction. If this occurs, the auction house cannot be held responsible for the exercise and conditions of the pre-emption right by the Flemish Government.

  1. Court of jurisdiction

All disputes in connection with the sale fall, as appropriate, under the exclusive competence of the courts of Antwerp, regardless of the domicile of the parties. In case these terms and conditions are a translation, the Dutch text will prevail.

Last update: May 18, 2026

Terms and condition seller

  1. The joint stock company Auction House Bernaerts JSC (hereafter Auction House Bernaerts) acts in all respect and with regard to all the goods released for sale as exclusive intermediary of the provider who gives these goods to Auction House Bernaerts JSC with intended to sell them. Auction House Bernaerts JSC sells as a commission agent in its own name and for the account of the seller, unless otherwise agreed in writing.
  2. Acceptance of the goods does not oblige Auction House Bernaerts JSC to sell them or to put them on sale at auction.
  3. Auction House Bernaerts JSC reserves itself a commission on the hammer price of the lots that get sold. Since 1 January 2025, the condition regarding commissions have changed, which from now on will be based on the hammer price achieved per lot. Specifically: * Lots in the Art & Antiques auctions: 20% commission on lots with hammer price up to and including 1000 EUR / 15% from 1001 EUR. * Lots in the Works on Paper auctions: 20% commission on lots with hammer price up to and including 500 EUR / 15% from 501 EUR.
  4. No object entered at auction can be taken back by the seller. The objects are irrevocably assigned to the highest bidder. No restrictions may be imposed on Auction House Bernaerts JSC unless otherwise agreed in writing.
  5. The seller confirms that the delivered goods were once intended for his personal use and that he is the rightful owner. He stated, in addition, to release Auction House Bernaerts JSC from liability of any kind, in case of the auction of the goods. Seller shall fully indemnify Auction House Bernaerts JSC in case of complaints and disputes which could arise from the goods that Auction House Bernaerts JSC has sold or has yet to sell in his name. In case the goods are stolen or that they are the subject of a (pending) judicial decision the seller will always remain responsible for repayment to Auction House Bernaerts JSC of the net amount received following the sale, this on simple request. All goods are accepted without price limit, unless otherwise agreed in writing.
  6. In the event that the goods sold at auction do not reach the starting price or limit price agreed, they are removed. Auction House Bernaerts JSC will present these goods for sale in the After Sale that ends at 12 am, on the Monday after the live auction. If necessary, Auction House Bernaerts JSC can present these goods on sale at one of its upcoming online sales, this with a new limit price up to 50% of the original starting or limit price. To cover any expenses, Auction House Bernaerts JSC will charge an amount equal to 5% of the agreed value – with a minimum of € 15 – unless otherwise agreed in writing, in case of a bought-in. For goods having a value of less than € 3,000 no limit is accepted, unless otherwise agreed. For all goods which have not been removed by the seller within 21 days after notification by Auction House Bernaerts JSC, an interest of 1% per month of the hammer price, with a minimum of € 5 per day and per item, will be charged as storage cost. Auction House Bernaerts JSC reserves the right to sell these goods again after having previously notified the seller, this in order to eventually recover the (storage) costs.
  7. The shipment of goods to Auction House Bernaerts JSC must be free of payment. All transport costs, customs, insurance, etc. are the responsibility of the sender-seller. In case Auction House Bernaerts JSC returns the goods to the seller, this will be done solely and exclusively at the risk and cost of the latter. These returns are absolutely not insured by Auction House Bernaerts JSC, unless otherwise agreed in writing.
  8. Auction House Bernaerts JSC will pay to the seller the net amount of the sale deducting his commission and other fees agreed upon, such as the restoration, expertise, transportation, etc. This insofar as Auction House Bernaerts JSC has in turn received the payments from the buyer. If in doubt about the solvency of the buyer and/or dispute over the description or the nature of an object, or for any other reason, Auction House Bernaerts JSC has the right to delay the payment to the seller until receipt of the payment from the buyer.
  9. The seller allows Auction House Bernaerts JSC to sell the goods delivered by him according to the terms and conditions which seem most suitable in the eyes of Auction House Bernaerts JSC.
  10. All verbal agreements which are not confirmed in writing by Auction House Bernaerts JSC are non-existent.
  11. If the seller is subject to VAT and he sells goods as such, he must inform Auction House Bernaerts JSC in advance and provide all necessary billing data.
  12. Payment will be done from five weeks on after the goods have been presented at auction, sold and paid for by the buyer.
  13. The return of this document is necessary and mandatory for collection of the goods in the event of recovery.
  14. This document is considered as the basic agreement and is therefore not valid as an expert report. In the period between the writing of the document and the auction layout changes, adaptations of all kinds can be added to or removed from the original description, the estimate or limit price.
  15. All disputes fall under the exclusive jurisdiction of the courts of Antwerp.

Last update: January 16, 2025.