Terms of Sales
ONLINE AUCTIONS - CONDITIONS OF SALE - SPRL NATIVE
Taking part in Online auctions constitutes unconditional acceptance of these Conditions of Sale.
1. Online Auctions and state of the objects
a) The objects at auction are put up fo Online auction by Native on behalf and in the name of the person who has deposited them (“Vendor”).
Adjudication is made in favour of the highest bidder in Euros acknowledged by Native at the time of the auction (“Buyer”) and the Sales Contract between the depositor and the Buyer is concluded by this adjudication.
The object being sold is released to the Buyer only against payment in cash (up to €. 2999) or bank transfer.
b) Objects are put in the auction in the state in which they are found at the time of the auction. Subject to point 1c. below, any guarantee for material damage or legal damages is excluded.
The objects are on display during the time of the auction from Monday to Friday, 10.00 to 17.00 or on appointment. The descriptions shown on the website, advertisements, brochures or any other article or document issued by Native are given purely by way of illustration. They in no way commit the liability of Native. Consequently, Native guarantees neither the accuracy of the explanatory notes contained in the catalogue, nor the origin, date, age, cultural background or provenance of the objects put up for auction. It is the depositor who is solely liable for the explanatory notes in the catalogue. Native agrees to reproduce them in the catalogue only in its capacity as agent for the depositor.
c) Native freely states that it is prepared to cancel the auction on behalf of the depositor and refund only the hammer price, commission and VAT if an object sold should prove, within 1 year from the date of the auction, to be a modern intentional fake. By modern intentional fake is to be understood a reproduction which it can be proved has been made with the intention of falsely deceiving others whether in respect of origin, date, age, cultural background or source, without this having been shown in the catalogue.
The condition for this refund is that the Buyer send an immediate claim by registered letter to Native as soon as the defect has come to light and at the latest by 1 year from the date of the auction and that he immediately return the fake object in the same state as on the day of the auction and exempt of any third-party claim. The Buyer must provide proof that the object auctioned is a fake compared with the description in the catalogue and that the object is identical to the item auctioned. Any other claim by the Buyer is excluded.
d) Buyers must contact us for all shipping costs and possibilities or, come and collect in person, the objects auctioned within 7 days from the end of the auction during opening times at Native, namely from Monday to Friday 10.00 to 13.00 and 14.00 to 17.00. If sufficient time is available, objects will be released after each session. In accordance with point 1, handover will be against payment in cash.
During the above mentioned period, Native is liable for the loss, theft, damage or destruction of the objects auctioned and paid for, although only up to the amount of the price of the auction, commission and VAT. On the expiry of this period, Native’s liability ceases. If the objects auctioned are not withdrawn within 7 days, they will be stored at the expense and risk of the Buyer.
e) Each Buyer is personally responsible for the item awarded to him at auction. Proof of powers of attorney may be required from persons acting as third-party representatives or as an organ of a corporate body. The representative is jointly and severally liable with the person represented for meeting all commitments.
Before any purchase or bids via this website you will have to register, take notice and accept the conditions of sale which apply for any bids.
Native will applies the Privacy Act of 8 December 1992 on the protection of privacy in relation to the processing of personal data. This Act aims to protect individuals against abuse of their personal data. The rights and obligations of the individuals whose data are processed, as well as the rights and obligations of those processing the data have been established by the Privacy Act.
We have taken measures to ensure that your personal data are protected from unauthorised access, deletion or modification. We will make reasonable efforts to ensure that your privacy interests are protected. Your personal data will only be disclosed to authorised persons within Native sprl.
Your personal data may also be used for direct marketing purposes (Native newsletter). If you do NOT wish your personal data to be used for marketing purpose, please do not click on the newsletter button in registration Form. By registration on our Web site, you acknowledge and agree that your personal data will be collected and/or processed for the purposes of providing you with personalised services as described above. For example, the collection and processing of your personal data allow us to record your preferences or your past experience (e.g., prior registration in our discussion forum) for future visits to our Web site.
We may also use your personal data for statistical purpose and to monitor your visit to improve the content and services we propose (by using cookies for example).
All bids entered in our online auctions are obligatory and binding contracts. Highest bids will be automatically transmitted and recorded by a judicial officer( huissier de justice) in Brussels. Bidding on Native is carried out according to the law, which states that buyers who purchase at auction are excluded from the right to withdraw.
4. Hammer price, commission, risk transfer, ownership transfer, payment, invoicing, VAT, importing and exporting
a) In addition to the hammer price, the Buyer owes a supplement (“commission”) on the hammer price. Commission is 20% of the hammer price.
The Buyer must also pay Belgian VAT (21%) calculated only on the commission.
For lots where the Vendor is a non-resident of the EU (lots indicated by ‡), the Buyer will pay an import tax of 6% in addition to the bid price plus legal costs. The amount of this tax will be reimbursed on presentation of proof of export outside the EEC.
b) Ownership of the object auctioned passes to the Buyer once the hammer has come down finally. Until full payment of the hammer price, commission and VAT, Native reserves a right of retention and lien on all objects in its keeping. The release of the auctioned object to the Buyer is not made until after full payment of the hammer price, commission and VAT.
c) An auctioned object must be paid for within 7 days after the auction. If the Buyer remains in default on payment 30 days after the auction, any sum due at that time will, as of right and without any formal notification being necessary, be subject to interest on arrears of 10% per annum. Moreover, in the event of non-payment by the final deadline, any sum due will be increased as of right by a flat-rate indemnity of 15%, without prejudice to Native’s right to seek full reparation of the damage suffered. .
In addition, if the payment due by the Buyer does not take place or is not made in time, Native can, as it chooses and in the name of the depositor, either continue to demand that the sales contract be executed or, without being bound to set a fixed time, waive the right to require execution of the sales contract and claim damages for non-execution or even renounce the contract. The Buyer is liable in respect of Native and the depositor for all damages resulting from non-payment or late payment.
d) The exporting of any object from Belgium and the importing into a third country may be subject to particular authorisations. The Buyer is responsible for obtaining all necessary export or import licences. Refusal of these authorisations or any delays after they have been obtained will in no case be grounds for a cancellation of the sale or a delay in payment.
a) Any dispute on the validity, interpretation and execution of these Conditions of Sale and any dispute on the conducting of the auctions will be subject to Belgian law, with the exception of (a) the stipulations of the Vienna Convention on international sales contracts and (b) the rules of referral to Belgian international private law.
b) Only the courts and tribunals of Brussels are competent to rule on any disputes.