Sales conditions - Furniture, antique paintings & art objects
Conditions of sale
The auction sales organized by the Auction House Cornette de Saint Cyr Brussels are hereby subject to the following conditions of sale:
Goods put up for sale
Potential purchasers are invited to examine the goods that might be of interest to them during the exhibits which are organized by the Auction House Cornette de Saint Cyr before the auctions.
Condition reports may be requested from the Auction House by letter, telephone or electronic mail. They will be sent free of charge but are to be used for information only. The reports will include the artistic and scientific information known to the Auction House at the date of the sale and the latter will not accept any responsibility for errors or omissions.
The descriptions to be found in the catalogue are drawn up by the Auction House and where applicable by the expert who assists the former, subject to notices and corrections given when the lot is presented and included in the bill of sale. Sizes, weights and estimates are given for information purposes only. The colors of the works included in the catalogue may vary due to printing techniques.
The lack of information on the condition of the goods in the catalogue will by no means imply that the lot is in a perfect state of preservation or free from restoration, wear, cracks, relining or other imperfection.
The goods are sold in the state they are found at the time of sale.
As the prior exhibit has enabled potential purchasers to examine the object, no claim will be accepted once the hammer has gone down.
The indications appearing on the catalogues, advertisements, brochures and any other written material produced by the Auction House Cornette de Saint Cyr Brussels should be considered as simple indications and are not binding in any case. They do not guarantee the exactitude of a declaration relative to the author, origin, date, age, attribution, estimates, weight, sizes or material state of the lot. Consequently buyers must verify for themselves the nature and material states of the lots.
Any claim must reach the Auction by recorded latter not later than 8 days after the retrieval of the object or cannot be considerEd. In any case, for sales subject to article 1649 quarter of the Belgian Civil Code, the seller answers to the consumer for any fault of conformity that exists when the good is delivered or which appears within a delay of one year of this date; the buyer must inform the seller of the existence of a fault of conformity within a delay of two months of noticing the fault.
ln the event of a withdrawal of an article prior to the sale by a depositor and after the publication of the catalogue or, in the event of a modification to the minimum price rendering it impossible to put the article up for sale immediately, the seller will be obliged to pay the purchaser and seller fees calculated on the basis of the median estimate stipulated in the catalogue to the Auction House Cornette de Saint Cyr Brussels by way of compensation. The article which has been withdrawn will not be returned to the seller until the aforementioned fees are paid. If no payment is forthcoming, the article will be put up for sale once again in line with the terms of the initial sale requisition.
The auction sales are carried out in the order of the catalogue numbers. The bidders are invited to make themselves known to the Auction House Cornette de Saint Cyr Brussels before the sale to ensure that their personal details are recorded beforehand.
Bidders are generally present in the room.
However, any bidder who would like to place an absentee bid in writing or bid by telephone may use the form, intended for this purpose, to be found at the end of the sale catalogue or on the websites www.cornettedesaintcyr.be, www.cornettedesaintcyr.com or www.cornette.auction.fr. The form should be sent to the Auction House Cornette de Saint Cyr Brussels together with a bank identification slip [RIB in France] or bank details at least two days before the sale.
The Auction House Cornette de Saint Cyr Brussels will deal with auction sales by telephone and absentee bids free of charge. In all cases, the Auction House Cornette de Saint Cyr Brussels cannot be held responsible for a problem with the telephone link along with an error or omission in the execution of the absentee bids receivEd.
ln the event of two identical absentee bids, preference will be given to the earliest absentee bid. The bidder who is present in the room shall have priority over an absentee bid should the two bids be of equivalent amounts. The successful bidder will be deemed to be the individual who has made the highest bid. In the event of a double bid which is confirmed as such by the auctioneer, the lot will be put up for sale again and any or all persons present will have the right to take part in the second sale by auction.
Sales are to be paid for in cash and in euros. Payment must be paid immediately after the sale. In the event that the successful bidder has not given their personal information before the sale, they will be required to provide proof of identity and bank details.
ln addition to the hammer price, purchasers will be required to pay the following costs and taxes per lot and per block:
- from 1 to 500 000 € : 30%
- above 500.001 € : 19%
For lots from countries outside the European Union, import tax will be added as follows:
For lots with numbers preceded by the sign:
* additional tax at 6 % of the hammer price.
For lots with numbers preceded by the sign:
** additional tax at 21 % of the hammer price.
The successful bidder may pay using one of the following methods:
- in cash within the limits of the legislation in force
- by bank transfer
- by certified cheque
- by credit card except American Express
Purchasers who have acquired their items through an online sales platform will also pay:
- 1.5 % (excl. VAT) before tax of the hammer price if they used the services of DrouotDigital (live)
- 5 % (excl. VAT) before tax of the hammer price if they have used the services of Invualable.
These amounts are paid to the platform offering the Live service.
Failure to pay
In case of non-payment within 20 days of sale, the full unpaid amount owed by the purchaser will be increased automatically and without formal notice by 15% in order to cover damages suffered, with a minimum interest amount of €100.
A late payment interest on business transactions, in accordance with the law of 02/08/2002, will also be charged as of the due date of the invoice, automatically and without prior formal notice.
The fact that this clause is applied will not hinder the awarding of damages and costs for the legal proceedings which will be required, and does not exclude the article being put up for sale again in a new auction, procedure called"folle enchère"
Within the framework of the folle enchère procedure, the Auction House hereby reserves the right to claim for the payment of the difference between the initial hammer price and the subsequent hammer price obtained from the folle enchère procedure, if it is lower, together with the costs incurred due to the second Auction sale from the defaulting successful bidder.
The Auction House Cornette de Saint Cyr Brussels hereby reserves the right to offset against the amounts owed to the defaulting successful bidder. Furthermore, the Auction House Cornette de Saint Cyr hereby reserves the right to exclude any or all successful bidder who has not complied with these conditions of sale from its future auction sales.
Collection of purchases
No lot will be handed over to the purchasers before all of the amounts owed are settlEd.
ln the event of payment with a non-certified cheque or by bank transfer, delivery of the articles may be differed until receipt of the amounts owEd. As soon as the auction sale is concluded, the articles will be placed under the purchaser’s full responsibility.
With regard to the collection of lots which have not been taken on the date of sale, you are advised to contact the Auction House Cornette de Saint Cyr Brussels beforehand on + 32 2 880 73 80
An appointment can be made to collect small paintings and objects of art at Chaussée de Charleroi, 89 1060 Saint Gilles, Brussels from Monday to Friday from 9.00 a.m. to 1.00 p.m. and from 2.00 p.m. to 6.00 p.m. (5.00 p.m. on Fridays). Fifteen days of free storage is offerEd. Thereafter, it will be invoiced at 36 euros inclusive of tax per month and per lot, in other words 9 euros inclusive of tax per week and per lot. If the article is collected after the beginning of the week payment for a full week will be requestEd.
Furniture and generally speaking any bulky articles are kept at our partner’s warehouse. Storage costs are to be paid by the purchaser and will be invoiced directly by our partners to the purchaser and in line with the tariffs in force. The Auction House will not be responsible for the storage of articles.
Transport of the lots is to be carried out at the successful bidder’s expense and under their full responsibility.
Governing law and jurisdiction
These conditions of sale are governed by Belgian law. Any or all dispute relating to the wording, validity and performance will be settled by the court or competent jurisdiction in Brussels.
Auction results can be found on the websites www.cornettedesaintcyr.be