1. Participation in the auction implies unconditional acceptance of the conditions set out in these various points.
2. The buyer is defined as the person to whom the lot is awarded. The buyer shall provide Zouave Auction SRL with all the information necessary for identification, namely their surname, first name, address, bank details, email address, telephone number and a copy of their identity card or passport.
3. The buyer is deemed, vis-à-vis Zouave Auction, to be acting in their own name and on their own behalf, even for lots acquired as an agent.
4. The buyer is bound by the auction. However, Zouave Auction reserves the right to refuse the auction without having to justify its decision, even after the auction.
5. Zouave Auction reserves the right to refuse any person access to its premises and to prohibit them from participating in its sales.
6. The buyer may participate in the sale in person, but also by submitting bids in writing or by telephone. For the latter two methods, written confirmation must be sent to Zouave Auction, providing the required criteria. Zouave Auction pays close attention to the bids received, but cannot be held responsible in any way for any omissions or errors made by the buyer in communicating their bid. Furthermore, the buyer is irrevocably and unconditionally bound by their purchase order until Zouave Auction has released them and notified them.
7. The buyer shall be required to pay the hammer price of the lot plus a commission, including VAT, within four working days of the auction. This commission shall be 26% in the case of a live auction and 27% in other cases. An additional commission of 1.8% shall be added for lots purchased via the Drouot.com platform.
8. Cash payments are accepted, as provided by law, up to a limit of €3,000. Payments may also be made by bank transfer or credit card at the company's headquarters.
9. The buyer shall only acquire full ownership of the item upon full and final payment thereof. No delivery may therefore be made without prior payment for the lot.
10. The buyer is responsible for their purchase and its condition, as they will have had the opportunity to view the lot in person at the exhibition prior to the public sale, even if they made their purchase outside the offices of Zouave Auction.
11. Zouave Auction shall not be held liable for any information or descriptions provided by it concerning the lots offered for sale. Such information and descriptions should be considered as indications only, and Zouave Auction does not guarantee the authenticity, attribution, nature, condition, date, age, provenance, etc. of any item. It is the buyer's responsibility to verify the nature and condition of the item.
12. Without prejudice to the previous point, it is specified that, with regard to jewellery, Zouave Auction only indicates an indicative calibration, and not the weight, as it is impossible to remove the stones, and, with regard to porcelain and crystal, only visible defects, such as cracks and apparent restorations, are indicated where applicable.
13. In the event of the discovery of a deliberately falsified modern lot, the buyer shall have one year from the date of the auction to claim a refund, which shall not exceed the auction price and the costs incurred in connection therewith. To do so, the buyer must send an immediate registered letter of complaint to the address of Zouave Auction and return the lot immediately in the exact condition it was in on the day of the auction. The buyer must provide proof that the item is a fake in relation to the description in the catalogue, and this will be entirely at their expense if any costs have been incurred. No other disputes will be accepted.
14. All explanatory notes included in the catalogue are the sole responsibility of the consignor. Zouave Auction agrees to reproduce them only as an intermediary for the consignor.
15. In accordance with the law of 30 June 1004 on copyright and related rights, the buyer must pay the resale royalty to the artists and authors of the works sold, in addition to the total sale price of the item. This obligation remains even in the event of a claim for these rights after the sale and removal of the lot, without any time limit. Zouave Auction will not intervene in any dispute relating to the validity or otherwise of the claim for resale rights.
16. In the event of non-payment by the due date, Zouave Auction may automatically and without prior notice impose a late payment interest of 1% per month. In addition, the invoice amount will be increased by 15% as a penalty clause, with a minimum of €65. Zouave Auction reserves the right to put up for sale any lots that have been auctioned but not paid for, while the defaulting buyer will still be required to make up any difference between the two auction prices.
17. After the lot has been sold, the buyer is required to collect their lot from Zouave Auction's registered office (525A, Chaussée de Waterloo 1050 Brussels) within 7 working days after the sale. Packaging, handling and transport are always the responsibility of the buyer. During this period, Zouave Auction is responsible for the loss, theft, damage or destruction of paid and auctioned lots. After this period, the lots will be the sole responsibility of the buyer.
18. After this period, Zouave Auction reserves the right to charge storage fees, without prior notice, of €5 per lot per day of delay, or in a storage facility at the buyer's expense and risk.
19. In the event of export outside Belgium, all necessary documents are the sole responsibility of the buyer. However, in the event of refusal to export, this shall not result in the cancellation of the sale or late payment charges.
20. The auction is conducted under the joint authority of a bailiff. Zouave Auction shall not be held liable for any acts attributable to the bailiff conducting the auction.
21. Any disputes or litigation between the various parties shall be settled exclusively in accordance with Belgian law. The courts of the district of Brussels and, where applicable, the justice of the peace of Ixelles shall have sole jurisdiction in the event of a dispute.
22. Except in the event of gross and intentional negligence on the part of Zouave Auction, the SRL shall in no event be held liable, either directly or indirectly, for any type of damage that is in any way the consequence of the buyer's access to and/or use of the services of Zouave Auction. In all cases where Zouave Auction may be held liable, for any reason whatsoever, such liability shall be limited to the amount of the commission received.
23. These general terms and conditions shall prevail over any terms and conditions of the buyer, unless expressly agreed otherwise in writing.
