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Terms and conditions buyer and seller

Terms and conditions buyer

These general terms and conditions for buyers apply to Bernaerts Auctioneers BV, with registered office at Verlatstraat 16-22, 2000 Antwerp, Belgium, and company registration number 0789.572.080.

Our auctions are held subject to the general terms and conditions of sale set out below. By participating in the auction, you fully accept the application of these terms, as described below.

1. Auction Session

The public auction takes place by verbal, written, telephone, or electronic bid. The knock-down/adjudication is made to the highest bidder, per lot, against immediate payment. At the time of the auction, the buyer must state their name, address, telephone number, identity card number, and signature on the purchase card of Bernaerts Auctioneers BV, if they have not already done so in advance. Bidders must place their bids using the bidder number assigned to them. In the case of electronic bidding via an online live platform, the buyer must be registered at least 12 hours before the start of the consecutive auction sessions by completing the registration form on the website live.bernaerts.eu.

2. Commitment of the Bidder

By placing a bid, every bidder commits to purchasing the goods offered for sale at the price bid by them. However, the bidder has no right of recourse if the sale is suspended or cancelled for any reason whatsoever. Bernaerts Auctioneers BV may, in the event of a defaulting buyer, decide to rescind the sale and award the lot to the second highest bidder (underbidder). Bernaerts Auctioneers BV may then recover any expenses or lost income from the defaulting buyer.

3. Conduct of the Auction Proceedings and Order

The judicial officer (bailiff) maintains order during the sale. He/she shall decide as a final court of instance on all disputes of any nature whatsoever arising from the sale, including regarding the amount of the bids and the identity of the highest bidder. The auctioneer has, among other things, the right to: determine the minimum increment of each bid; refuse the bid of persons unknown to him/her or whose identity or financial solvency does not appear to be established (in which case the previous bidder remains bound); suspend the sale without providing any explanation to the bidders; and divide, combine, or withdraw any lot from the auction. In the event that the freedom of bidding is hindered or disrupted by violence, threats, or any other fraudulent means, Article 314 of the Penal Code shall apply. If a reserve price (limit price) has been fixed by the consignor/seller, Bernaerts Auctioneers BV reserves the right to bid on behalf of the consignor/seller. Bernaerts Auctioneers BV reserves the right to refuse any bid made by unknown buyers.

4. Buyer by Power of Attorney or Promising for Another

The buyer may designate a principal, provided that they disclose this to the auctioneer immediately following the conclusion of the auction. The buyer guarantees the financial solvency and legal capacity of their principal; every person remains personally liable for their purchase, even if another person is named as the buyer.

5. Warranty

The adjudication shall take place without absolute warranty – regarding authenticity, among other things – on the part of the officiating auctioneer and the officiating judicial officer. The goods and works of art are sold in the condition in which they are located at the place of viewing and auction, and without absolute warranty. Buyers are deemed to have viewed and inspected the goods and works of art and to have placed their bids with full knowledge of the facts. The estimate prices stated in the catalogue are provided by the auction house for information purposes only. The electronic catalogue can be consulted free of charge online at www.bernaerts.eu. Exceptionally, the sale of a work of art may be cancelled and the hammer price refunded to the buyer if the buyer returns the purchased item within one month following the auction with proof that it is a forgery, provided that the item is in the same condition as at the time of the auction.

6. Joint and Several Liability and Indivisibility

All obligations arising from the sale rest automatically, jointly and severally, and indivisibly, with respect to both legal entities and natural persons, upon all those who purchase on joint account, upon the ultimate buyer and those who have purchased on their behalf, upon guarantors jointly and severally and those for whom they stand surety, as well as upon the heirs and legal successors of each of the aforementioned persons.

7. Payment of Purchase Price and Costs by Buyer

The total price must be paid by the buyer to Bernaerts Auctioneers BV immediately after the auction or upon collection of the goods, and no later than 10 calendar days after the end of the aftersale. This is the hammer price plus:

  • 28% buyer’s premium for room bids, telephone bids, and written absentee buyer orders (submitted via email or online form);
  • 30% buyer’s premium for bids made via an online bidding platform.

VAT is included in these costs. In addition, an administrative fee of € 2 is levied per lot.

For an original work of art by an artist who has been deceased for less than 70 years, the hammer price from € 2,000 onwards is increased by the resale royalty right (droit de suite) as follows:

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

The resale royalty right may, however, never exceed € 12,500. The rate for the first band (4%) applies to the full amount falling within this band (Act of 4 December 2006 and Royal Decree of 2 August 2007).

Payment in Euros can be made:

  • in cash up to a maximum amount of € 3,000 (including costs);
  • via payment terminal on site (debit card, credit card, or other accepted payment cards);
  • by bank transfer to account number IBAN BE02 6451 0493 5140 and BIC JVBABE22;
  • digitally via QR code.

For each online auction, the buyer must re-register and accept the general terms and conditions of sale. The sale of lots proceeds in the order set out in the catalogue. Bidding starts at approximately 75% of the lowest estimate (for ‘online only’ auctions, bidding starts at approximately 60% of the lowest estimate) and increases by approximately 10%.

8. Set-off and Merger of Debts

The buyer may not rely on set-off, merger of debts, or Article 1653 of the Belgian Civil Code regarding disturbance of the buyer’s possession.

9. Resale upon Default (Folle Enchère)

If the buyer, the successful bidder, the guarantor, and/or the designated principal fail to immediately fulfill the obligations prescribed in these terms or to comply immediately with any of the conditions of sale, the lot may be resold on the grounds of default (folle enchère) at the expense of the successful bidder. The resale shall take place under the supervision of the already requested judicial officer, under the same auction conditions. The defaulting buyer is obliged to pay the difference between the price at which they purchased and that obtained upon resale, without being entitled to claim any surplus in the event that the resale yields a higher price. Such surplus shall accrue to the consignor/seller or to the general body of competing creditors. The defaulting bidder is furthermore liable for the payment of all costs caused by their default and by the resale, as well as any other costs of whatever nature, without prejudice to damages on any grounds. The presentation of a bank cheque that is not paid immediately upon first presentation shall be deemed a failure to pay, without prejudice to the application of criminal law should there be grounds to do so, and the reimbursement of protest, discount, and other costs.

10. Transfer of Ownership – Risk and Custody

From the moment of adjudication, the risk of damage, loss, or theft passes to the buyer. The item is transferred in the condition in which it is found at the time of adjudication, with all visible and hidden defects. Immediately following adjudication, the item will be kept with the utmost care. However, the buyer must take all necessary measures for the custody and preservation of the item. From the moment of adjudication, the goods remain on the premises solely at the risk and expense of the buyer, who is solely responsible for the item purchased by them.

11. Condition of Goods – Viewing

As the goods and works of art are available for viewing prior to the sale and the terms of sale have been made known, the buyer is deemed to be fully, personally, and on their own responsibility informed about the condition and authenticity of the goods and works of art. Subject to the exception mentioned in Article 5 regarding forgeries, the buyer has no recourse against Bernaerts Auctioneers BV, the officiating judicial officer, or the auctioneer on account of any error, inaccuracy, or omission in the description of the goods and works of art, nor on account of any other material defect in the goods and works of art. Information on www.bernaerts.eu and live.bernaerts.eu takes precedence over information on all other bidding platforms (including Invaluable and Drouot). All information regarding goods and works of art in catalogues, advertisements, brochures, or any other written communications of Bernaerts Auctioneers BV, particularly regarding description and/or provenance or authenticity, is provided for information purposes only and without prejudice. Neither Bernaerts Auctioneers BV nor the officiating judicial officer assumes any responsibility in this regard. The auction is preceded by an exhibition during which Bernaerts Auctioneers BV will be available to the public physically or remotely to provide information to the best of their knowledge and ability; the exhibition aims to enable precise examination of the state of preservation, quality, and authenticity of the goods, as well as to clarify any defects or inaccuracies in the catalogue descriptions. Furthermore, the public may consult Bernaerts Auctioneers BV or an expert chosen by the enthusiast for a more in-depth examination throughout the duration of the exhibition. Bernaerts Auctioneers BV will not accept returns if the catalogue description was revoked or updated with a ‘status update’ in the online catalogue during the auction and the new description was verbally provided to the public. The provisions of Article 2280 of the Civil Code also apply to this public auction. No condition reports can be requested for goods included in a Timed Online auction.

12. Collection / Retrieval

  • Collection period: The buyer is obliged to collect the purchased and fully paid goods within a period of 10 calendar days after the auction date at the location indicated by the auction house. Identification is mandatory upon collection. Unless explicitly agreed otherwise by Bernaerts Auctioneers BV, no lot will be delivered prior to full payment of the purchase price and costs. Any possible damage during collection or movement of goods is at the risk and expense of the buyer.
  • Responsibility after purchase: In accordance with Article 10, the buyer bears the risk from the moment of adjudication. The auction house is not liable for any damage to or loss of uncollected goods after the expiration of the collection period.
  • Storage fees for late collection: If the buyer does not collect the goods within the specified period, a storage fee of € 5 per lot, per day of delay shall be automatically due without prior notice of default. These costs are calculated from the first day after the expiration of the collection period.
  • Compensation in case of non-collection: If the buyer fails to collect the goods within a period of 10 calendar days, a fixed indemnity of 10% of the total purchase amount may additionally be charged (with a minimum of € 150, subject to mandatory statutory consumer protection provisions). This indemnity is payable in addition to storage and other costs.
  • Resale in case of non-collection: If the buyer fails to collect the goods within a period of 2 months, the auction house reserves the right, after sending a written notice, to re-auction the goods. In this event, the buyer is deemed to have given explicit and irrevocable consent to the re-auction. The auction house also reserves the right to destroy the goods at the buyer’s expense if resale is not possible.
  • Deduction of costs upon resale: In the event of re-auction, the buyer has no entitlement to any potential surplus proceeds from the new sale. The auction house is entitled to apply the proceeds of the re-auction to satisfy the compensation, storage fees, and other costs owed to it, specifically: deduction of the compensation due + deduction of storage costs (€ 5 per lot, per day of delay) + administrative, transport, insurance, and re-auction costs.
  • Transport: As a rule, any transport of purchased goods must be arranged by the buyer themselves at their own responsibility. Upon request of the buyer, Bernaerts Auctioneers BV may, at the buyer’s expense and risk, arrange for shipment of the items. All transport, customs, insurance, and formality expenses are borne by the buyer. Such shipment is not insured by the auction house unless otherwise agreed in writing.
  • No refund: Under no circumstances may the buyer claim a refund of the purchase price or any other compensation if they fail to collect the goods in a timely manner.
  • Legal consequences: If necessary, the auction house reserves the right to take legal action in the event of non-collection, including but not limited to claiming compensation, storage fees, and other incurred costs. All potential legal fees and collection costs shall then also be borne entirely by the buyer.

13. Refund

In the event that Bernaerts Auctioneers BV, for any reason whatsoever, is required to refund monies already paid to it, no interest whatsoever may be charged thereon.

14. Written and Telephone Bids

On the basis of a written instruction, Bernaerts Auctioneers BV undertakes free of charge to execute purchase orders on behalf of its clients. The purchase of lots is executed as advantageously as possible, within the limits set by maximum bid amounts or other offers. Written bids can only be submitted via the completed online form on the website or by email. Instructions must be received by Bernaerts Auctioneers BV at least 5 hours prior to the start of the auction session, with the risk of late receipt resting entirely with the bidder. These bids constitute purchase instructions at the specified amount. In the event of equal bids, the first placed bid always takes priority, regardless of the method of bidding. If multiple bids on the same lot contain an equal amount and this represents the highest bid, the lot will be awarded to the bidder whose bid was registered first. The auctioneer is not obliged to inform the public of this in advance. Neither the failure to execute a written bid, nor the failure to establish or the interruption of a telephone connection or network failure, can give rise to any claim for damages against the auction house. The option to bid in writing, by telephone, or online is a free service that entails no liability whatsoever on the part of Bernaerts Auctioneers BV.

15. Damage

Every visitor is liable for any damage caused to exhibited items and lots, even if such damage occurs accidentally and/or involuntarily.

16. Data Management

Personal data processed by us will not be retained longer than necessary. Our data retention policy and procedures comply with statutory obligations regarding the storage and deletion of personal data. The Act of 15 August 2020 under Belgian law implementing European Directives 2018/843 and 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing obliges all actors in the art and antiques trade, including auction houses, to request and register the identity of all parties involved in a transaction amounting to € 10,000.00 or more; for a corporate entity, 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 handled in strict compliance with the General Data Protection Regulation (GDPR).

17. Right of Pre-emption of the 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 holds a right of pre-emption on cultural goods and works of art brought to auction that it considers rare and essential for Flemish heritage. The Flemish Government may exercise this right of pre-emption up to two months following the date of the auction. The auction house cannot be held responsible in any event for the exercise and conditions of the right of pre-emption by the Flemish Government.

18. Jurisdiction and Governing Law

All disputes arising in connection with the auction fall under the exclusive jurisdiction of the courts of Antwerp, Belgium, regardless of the domicile of the parties. In the event of any reliance on translations of these terms and conditions of sale, the Dutch original text shall prevail.

Last updated: 10 August 2026.

 

Terms and conditions seller

  1. Bernaerts Auctioneers BV, with registered office at Verlatstraat 16-22, 2000 Antwerp, and company registration number 0789.572.080, 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 Bernaerts Auctioneers BV with intended to sell them. Bernaerts Auctioneers BV 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 Bernaerts Auctioneers BV to sell them or to put them on sale at auction.
  3. Bernaerts Auctioneers BV 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 Bernaerts Auctioneers BV 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 Bernaerts Auctioneers BV from liability of any kind, in case of the auction of the goods. Seller shall fully indemnify Bernaerts Auctioneers BV in case of complaints and disputes which could arise from the goods that Bernaerts Auctioneers BV 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 Bernaerts Auctioneers BV 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. Bernaerts Auctioneers BV will present these goods for sale in the After Sale that ends at 12 am, on the Monday after the live auction. If necessary, Bernaerts Auctioneers BV 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, Bernaerts Auctioneers BV 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 Bernaerts Auctioneers BV, 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. Bernaerts Auctioneers BV 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 Bernaerts Auctioneers BV must be free of payment. All transport costs, customs, insurance, etc. are the responsibility of the sender-seller. In case Bernaerts Auctioneers BV 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 Bernaerts Auctioneers BV, unless otherwise agreed in writing.
  8. Bernaerts Auctioneers BV 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 Bernaerts Auctioneers BV 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, Bernaerts Auctioneers BV has the right to delay the payment to the seller until receipt of the payment from the buyer.
  9. The seller allows Bernaerts Auctioneers BV to sell the goods delivered by him according to the terms and conditions which seem most suitable in the eyes of Bernaerts Auctioneers BV.
  10. All verbal agreements which are not confirmed in writing by Bernaerts Auctioneers BV are non-existent.
  11. If the seller is subject to VAT and he sells goods as such, he must inform Bernaerts Auctioneers BV 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 updated: 30 August 2026