General terms and conditions

1 Scope

1.1 In these general terms and conditions of sale the following words shall have the following meanings:   Auction': the public sale of goods. ‘Auctioneer': the company that conducts public auctions. ‘Bidder' or ‘Buyer': the person who bids or buys in the aforesaid auctions. ‘Seller': the person by whom or on whose behalf property has been consigned for sale by auction.

1.2 These general terms and conditions shall govern the entire legal relationship between auctioneer Veilet B.V. (hereinafter: “Veilet”) and the buyer of the property sold by auction (hereinafter: “items”), including the related purchase, sale, intermediary services, valuation, estimate, appraisals, cataloguing and storage. 'Buyer' shall include prospective buyers who take part in the auction.

1.3 No modification or waiver of any of these general terms and conditions shall be valid unless in writing and signed by both parties.

1.4 The applicability of the general terms and conditions shall be communicated to visitors to the auction by publication on the internet and/or notice given prior to the auction. By taking part in the auction, all bidders agree to be bound by these general terms and conditions.

2 Information and due diligence

2.1 Descriptions and all written and oral representations shall be made by Veilet to the best of its ability and shall in no case whatsoever constitute grounds for recourse against the auctioneer or the seller or a reason for the buyer to evade the obligation to pay for and take away the items.

2.2 The buyer shall, prior to the purchase, form his own opinion as to the accuracy of any description applied to an item. The buyer shall - where reasonably necessary or desired - rely on the independent advice of experts. If certain faults or imperfections are stated in the description, such shall be deemed a non-exhaustive indication conferring no benefit on the buyer.

2.3 Veilet shall not be liable for the accuracy of descriptions or information communicated in any other way. This concerns materials appendices relating to e.g. wood types, textiles, alloys, pottery, porcelain and diamonds, all the above with the exception of precious metals. The auctioneer shall accept responsibility for inaccurate descriptions only in so far as provided by clause 6 of these terms and conditions.

2.4Veilet shall not be required to provide buyers' names or addresses to third parties.  

3 Bidding

3.1 The buyer shall bid electronically by way of the internet. Other bidding methods, e.g. oral bidding instructions, shall only be available if expressly offered by Veilet.

3.2 Bidding instructions shall only be carried out if Veilet has a reasonable opportunity to do so. Veilet shall also be entitled at any time to refuse to carry out a bidding instruction.

3.3 Veilet shall accept no liability whatsoever for the failure, for any reason whatsoever, of a bid or - for any reason whatsoever - the failure of a bid submitted other than by way of the internet.

4 Formation of contract of sale

4.1 The sale shall arise on awarding the final sale. A final sale shall be awarded when Veilet has accepted the buyer's bid.

4.2 The item shall be sold 'as is' at the time the sale is awarded.

4.3 On awarding a sale, a contract of sale and purchase shall be made between the highest bidder and the seller(s) only. All claims against Veilet shall be excluded.

4.4 Immediately the sale is awarded, the items shall be entirely for the account of and at the risk of the buyer who, however, shall not be entitled to remove anything until payment for all items purchased by him has been settled.

5 The buyer's obligations

5.1 The buyer must be aged 18 years or older

5.2 The buyer shall provide proof of identity at Veilet's request.

5.3 The buyer shall be deemed to have purchased for himself and is responsible for paying the purchase price without any reliance on a principal.

5.4 The rights and obligations arising from the contract of sale and these general terms and conditions are personal to the buyer and may not be assigned.

6 Right of cancellation

6.1 You shall be entitled to cancel the contract within a period of 14 days without giving any reason.The cancellation period shall expire 14 days after the day on which you or your designated agent, who is not the carrier, take possession of the property.

6.2 You may exercise your right of cancellation by making a clear statement (e.g. a letter sent by post or an email) informing us, Veilet bv, Tarweweg 1H, 6534 AM  Nijmegen, tel. 024-6487595, info@veilet.com, of your decision to cancel. To meet the cancellation deadline, it shall be sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.

6.3 Consequences of cancellation. Upon cancellation, we shall refund all payments which you have made, including the cost of delivery (except for any extra cost you incurred by choosing a method other than the most economical standard delivery offered by us), as soon as possible and in any case within 14 days of receiving your notice to cancel your contract, provided we have received the property back from you.
We shall provide your refund by the same payment method which you used to complete the original transaction, unless you expressly agree otherwise. You shall not incur any fees as a result of such refund.
We shall be entitled to wait before providing your refund until we have received the property back from you or, if earlier, the day on which you supply us with evidence of having sent the property back.

a)  You shall return the property as soon as possible yet in any case within 14 days of informing us of your decision to cancel, to us, Veilet bv, Tarweweg 1H, 6543 AM  Nijmegen, by sending it back or returning it in person. You shall have met the deadline if you send the property back before the 14 days have expired.

b)  The direct cost of sending the property back shall be your responsibility. Items delivered to you by carrier must also be sent back by carrier in connection with possible damage. The cost shall depend on the type of item and its dimensions.

c) You shall be liable only for the property's decline in value resulting from the use of the property beyond that which is necessary to ascertain the nature,characteristics and working of the property.

7 Veilet's rights

7.1 Veilet reserves the following rights:

a. to alter the order of sale at any time;

b. to withdraw or add items;

c. to divide or consolidate lots and to sell exclusively to the highest bidder;

d. to suspend or refuse sales;

e. to rectify mistakes in bidding and awarding, or to rescind a sale without the bidder being entitled to a contract of sale by reason of mistake;

f. to demand, immediately the sale is awarded, full or partial payment, while upon refusal or inability to pay, Veilet shall be entitled to rescind the sale and to put up the respective item for auction again and to refuse any further bid by the defaulting bidder;

g. to rescind the sale and put up the property for auction again if the defaulting buyer refuses to provide his full name and address and to furnish due proof of identity at Veilet's request;

h. to refuse to transfer items from the account of the original buyer to that of another;

i. to hold all items from release during the auction;

j. to submit bids on behalf of buyers or sellers;

k. to put up the property for auction again over which a dispute rises during or shortly after the auction and to rescind any sale.

8 Payment/ transfer of title and retention of title

8.1 Payment by the buyer of the purchase price in euros (€) plus buyer's premium, other charges and, where applicable, VAT, all of which as determined by Veilet, must be made before the purchased item(s) is/are taken away and by the deadline set by Veilet, with no right to discount or compensation, unless otherwise agreed. Payment must be remitted to Veilet's trust account.

8.2 All items shall be sold under retention of title. Only on the fulfilment of all obligations under the contract(s) concluded with Veilet shall unconditional title pass to the buyer.

8.3 The buyer shall always do all that can be reasonably expected of him to secure the title to the property from the seller (owner and consignor). The property which is under retention of title may not be resold and may never be used as a means of payment. The buyer shall not be entitled to place a charge on or otherwise encumber property that is underretention of title.

9 Payment past due

9.1 If payment is past due, Veilet shall be entitled to charge the buyer interest equal to the statutory rate of interest plus 3% or – at Veilet's discretion – 1% a month, calculated from the payment due date.

9.2 If payment is past due, all legal and other expenses shall be the defaulting buyer's responsibility.

9.3 If the buyer is in default on payment, the security furnished shall be payable to Veilet (as the seller's principal) and the sale shall be rescinded by letter or notice by email. If this is the case, Veilet shall be authorised, without having to give the buyer notice of default, to resell the auctioned item by auction or private treaty.

10  Collection period and storage charges

10.1The buyer shall take up the purchases either by collecting them in person or having them delivered by Veilet, by a reasonable deadline set by Veilet.

10.2 If the buyer fails to take away the purchase by the deadline set by Veilet, the buyer shall be in default by operation of law and the provisions of clause 9 shall apply by analogy. The storages charges and associated charges incurred as a result shall be the buyer's responsibility. Veilet shall also be entitled to transfer the purchased items to storage for the account of and at the risk of the buyer, with the removal costs and related risk likewise being borne by the buyer.

10.3 If the storage charges and associated charges under clause 10.2 approach or exceed the value of the respective property, Veilet shall request the buyer's permission to offer the property for auction again in Veilet's name such that Veilet can defray its expenses with the proceeds. If, after having had a reasonable amount of time to respond, the buyer fails tohonour the request, he shall tacitly authorise Veilet to put up the item for auction again and sell it so that Veilet can defray its expenses with the proceeds. Any surplus arising from the proceeds on the auctioned item exceeding all expenses incurred by Veilet shall belong to the initial, defaulting buyer.

11 Unsold items

11.1 If an item is not sold the first time, it shall be put up for auction another three times ('re-offered'). If the item is not sold when re-offered, the item shall return to the consignor.

11.2 Any sale resulting from re-offering an item shall be governed by these general terms and conditions in full force and effect.

12 Veilet's liability

12.1 Veilet is laible in cases where  damages of artworks are the result of the intent or wilful recklessness of Veilet and/or its employees, servants or agents.

12.2 In no case whatsoever shall Veilet be liable for any loss of business profits or revenue or income, consequential damages or indirect losses of any kind.

12.3 Veilet shall not be liable for any accident of injury of any kind sustained on or near the premises where items can be consigned, stored, viewed, collected and other actions directly related to Veilet's activities.

12.4 If damage is sustained by persons or property through or in connection with performing a task or otherwise, for which Veilet is liable, its liability shall be limited to the amount(s) covered by Veilet's general liability insurance plus Veilet's excess under the general liability insurance policy.

12.5 Anyone entering premises in any way associated with Veilet shall do so entirely at their own risk.

13 Photographs, illustrations and intellectual property rights

13.1 Veilet shall be entitled to photograph, illustrate and otherwise capture the image all items offered for sale and previously sold and to use such images in any way whatsoever. Veilet shall retain all copyrights to these images.

14. Miscellaneous

14.1 If any provision of these general terms and conditions should be held to be unenforceable or invalid, the remaining provisions shall continue to have full force and effect. If any provision of these general terms and conditions should be held to be unenforceable or invalid, the buyer and Veilet shall agree to replace it with valid provisions which reflect, as nearly as possible, the content and portent of the unenforceable or invalid provision(s).

14.2 These general terms and conditions shall be governed by the law of the Netherlands.

14.3 All disputes arising from or in relation to a contract concluded between the buyer and Veilet, its formation and including these general terms and conditions shall be subject to the exclusive jurisdiction of the court of Arnhem, save Veilet's right to bring the dispute before the court of competent jurisdiction in the buyer's jurisdiction. This of course without prejudiceto the mandatory rules of law.