In addition to the general terms and conditions, the following special conditions apply.
In the auction terms and conditions the following definitions apply;
Auctioneer: Auction house Omnia
Auctioneer: The person conducting the auction on behalf of Auction House Omnia.
Auction: The public sale of movable property.
Lot: Movable bag(s) to be auctioned under a number.
Bid: Amount offered by the bidder at auction.
Bidder: The person who makes a bid in the auction.
Buyer: The person who has registered with the auction house and is designated by the auctioneer as the highest bidder.
Hammer/purchase price: The amount for which the lot is assigned to the buyer, exclusive of markups.
1. The sale is made at cash with a 28% premium (including all taxes).
- Bidding through auction house Omnia's Internet system is a service for which 3% additional fees are charged.
- Bidding through an international Internet system (such as Lot-tissimo) is a service for which 3% additional fees are charged.
2.The buyer is expected to buy for his own account and therefore cannot rely on assignment. Once a buyer has made a bid, it cannot be withdrawn. A bid is therefore irrevocable. There are no opportunities to abandon the purchase free of charge.
3. The highest bidder is the buyer. In the event of a disagreement between two or more bidders, the auctioneer has the absolute right of decision. The auctioneer reserves the right to split or combine lots. In case of mistakes, the auctioneer has the right to rectify. The auctioneer has the right to refuse a bid without giving reasons.
4.Lot Information/Search Duty: All lots are sold on foot and in the condition they are in at the time of allotment. Risk passes to the buyer once the goods are assigned to the buyer.
Descriptions in the catalog and all written or oral information are provided by the auctioneer and his staff to the best of their knowledge.
- Before purchasing, the buyer should, to his own satisfaction, carefully and competently inspect (or have inspected) the condition and description of an object in the catalog or lot list and form his own judgment as to the extent to which the object corresponds to its description, and the buyer should seek independent expert advice where reasonably necessary or desirable, while the buyer should not rely on illustrations in the catalog. If certain defects or imperfections are mentioned in the catalog, this is intended to be an indication which is not exhaustive and from which the buyer cannot derive any rights.
- The auctioneer cannot be held liable for the accuracy of the description in the catalog or otherwise made known, of materials such as, for example, woods, fabrics, alloys, pottery, porcelain and diamonds, all except for precious metals. This also applies to stated dimensions and damages.
- The auctioneer shall never be liable for damage caused to picture frames, other frames and everything that forms part of them such as glass plates, mat boards, etc., except in the case that the damage is caused by intent or deliberate recklessness on the part of the auctioneer and/or auxiliary persons or members of staff engaged by him.
- After allotment, the buyer is responsible for the purchased object. The auctioneer is never liable for any damage that occurs after allocation. The auctioneer is also never liable for loss or damage due to shipment. After allocation, the purchased items are no longer insured by Auction house Omnia.
5. The auctioneer will carry out orders of those who cannot attend the sale without charge. In case of equal assignments, the first principal will take precedence. Assignments without a limit will not be accepted. Processing the bids are a service of auction house Omnia. No rights can be derived from this.
- Written bids must be received by bidders sufficiently in advance of the start of the auction. The online bidding system is subject to a closing time of 3 p.m. of the respective auction session. The auctioneer has the right to waive the conduct of a bid order at any time.
- Bidders unable to attend the sale will be notified in writing by mail at the time a successful purchase is made.
6. Clients and attendees can assume, that the auctioneer has reported the target price in the catalog.
- Lots are wagered at the staking price, approximately 70% of the lowest indicated guide price, as indicated in the catalog.
- Clients and attendees can assume, that the auctioneer will raise the stakes as follows:
to € 50,- with € 5,-; from € 50,- to € 200,-; with € 10,-; from € 200,- to € 500,- with € 25,-; from € 500,- to € 1.000,- with € 50,-; from € 1000,- to € 2000,- with € 100,-; from € 2000,- to € 4000,- with € 200,-; from € 4000,00 with € 500,-
7. In all cases, sellers have the right of non-award. Award follows as soon as possible after the auction closes, unless circumstances delay this process.
8. Invoice and Payment:
After the close of the auction (and award), buyers will receive an invoice showing the total purchase price.
- Auction House Omnia uses your purchase invoice as verification. You must bring it with you when you pick up and checkout the goods.
- Payment must be made within 5 days after the end of the auction, stating purchase number and the name of the buyer, unless otherwise agreed with the auctioneer. The auctioned items will become the property of the buyer only after full payment.
- The following payment methods are accepted:
- Cash or debit card payment
- Bank transfer; n.b.; any transfer or bank fees are the responsibility of the buyer.
- Transfer or bank fees are the responsibility of the buyer. Please allow for possible foreign exchange fees.
Failure to pay on time: If payment is not made on time, the auctioneer is entitled to one of the following options:
- Hand over his claim for collection, the costs incurred in doing so will be borne by the buyer;
- Unpaid lots will come up for auction again, with any lower proceeds to be borne by the defaulting buyer.
9. Collection period: the purchased item must be collected after the auction session within the applicable period and address listed on the website and in the catalog
- Up to 30 minutes after each auction session.
- Wednesday morning from 9:30 - 11:30 a.m.
- Thursday afternoons from 1:30 - 4 p.m.
- Saturday afternoons from 1:30 - 4 p.m.
No goods will be dropped off during the auction.
Written bidders will be notified by mail or phone when goods are purchased.
All goods must be collected by Saturday 16.00 hrs at the latest !
Buyers exceeding this deadline may be charged the sum of € 50 per calendar day for transport and storage costs, regardless of the amount of the invoice.
The buyer is obliged to take possession of the objects purchased within five working days after the auction (subject to the auctioneer's right to specify a shorter or longer period).
If the buyer fails to take delivery of the purchased items and to collect them (or have them collected) within the specified period, the buyer shall be in default by operation of law and the provisions of Article 9 shall apply accordingly. The auctioneer also has the right to store the purchased goods at the buyer's expense and risk, whereby transport costs and the related risk shall also be borne by the buyer.
The right of ownership lapses if the buyer has not collected the purchased item after 2 months, regardless of whether the purchase price due has been paid, unless otherwise agreed with the auctioneer.
10. Shipping: Shipping of purchased goods is a service offered under conditions.
Shipping of purchased lots is at the risk and expense of the buyer, and is made after full payment of the invoice for purchase and shipping (materials, postage). Shipping is by registered mail and includes insurance. Claims for loss or damage at the auction house are not possible!
In the case of lots or goods where in the catalog the statement "damaged, flaking or any other defects are described", under no circumstances can a claim for damage be made.
Packaging of the goods is done in the most thorough way possible. However, under no circumstances can a claim be made for the method of packaging, unless gross negligence can be blamed.
Reimbursement is only possible in case of loss of the package or damage due to transportation by the shipping company.
Before we ship, we request that you send us via email the correct shipping address to be used. The auction house is under no circumstances liable in case of shipment to an incorrect address.
Any goods purchased will only be sent to one address of the buyer (see article 2).
The buyer must be familiar with any restrictive import conditions of the country concerned. In several countries it is forbidden to import material originating from endangered species such as coral, ivory and turtle. Information can be obtained from the government of the country concerned.
11. Consequences of technical failure.
By registering, a buyer/user declares to be familiar with and agree to the special circumstances of an auction and the corresponding possibility of technical malfunctions that may occur.
Auction house Omnia does everything possible to prevent failure of the auction site due to technical malfunctions in the hardware or software of the auction site or, if this is not possible, to fix the malfunction as soon as possible. The auction house takes no responsibility for failures of other providers of (online) services with bidding options as no influence can be exerted on this software.
From the consequences of a disruption or delay of the auction, caused by a technical malfunction or defect in the hardware or software of the auction site, bidders cannot derive any rights with respect to bids made or planned.
When, through no fault of Auction House Omnia, due to a technical failure, the auction site of Auction House Omnia is not or hardly accessible during the last 24 hours of the auction, Auction House Omnia reserves the right to extend the auction.
12. To the extent the above conditions are not provided, reference is made to the general conditions of the Federation of Valuers Brokers Auctioneers in Movable Property.
Het Volgrecht is met ingang van 1 april 2006 ingevoerd en geldt voor:
Originele kunstwerken gemaakt door nog levende kunstenaars of welke na 1942 zijn overleden , die onderdaan of inwoner zijn van een land aangesloten bij de EU of EER of van een land dat een gelijk Volgrecht toekent.
Veilinghuis Omnia zal de wettelijk verplichte Volgrecht-vergoeding verhalen op de koper en zorgdragen voor de financiële afwikkeling. De volgrechtvergoeding wordt berekend vanaf € 3.000,- over de verkoopprijs inclusief opgeld (exclusief BTW) en is samengesteld uit de volgende percentages:
|> € 3000||≤ € 50.000||4%|
|> €50.000||≤ €200.000||3%|
|> €200.000||≤ €350.000||1%|
|> €350.000||≤ €500.000||0,5%|
(met een maximum van €12.500,-)
Voor meer informatie over het volgrecht verwijzen wij U naar Stichting Pictoright:www.pictoright.nl
Wet koop op afstand
De wet koop op afstand is niet van toepassing op de dienstverlening van de onlineveilingen van veilinghuis Omnia. Het betreft hier een openbare veiling met de service van online bieden. Dit betekent voor de koper dat u, naast de mogelijkheid tot online bieden, in de gelegenheid wordt gesteld om de veiling in persoon bij te wonen op onze veilinglocatie; Albert Plesmanlaan 1-P, 9611 TJ te Kolham.
Om van deze mogelijkheid om in de zaal te bieden gebruik te maken dient u zich uiterlijk 3 werkdagen voor de sluiting van de betreffende veiling aan te melden op: email@example.com. Tevens dient u zich voor deze termijn te (laten) registreren als klant. U ontvangt hierna per email een bevestiging en een klantnummer en het tijdstip waarop u aanwezig kunt zijn op de veilinglocatie.