1. The Buyer purchases the works of art offered for sale in the condition "as they are".
2. All sales will be made in Euros or in the currency of the country in which the Client resides.
- Client is solely responsible for paying VAT [BTW].
- Cash payments greater than € 3,000 are not accepted.
3. With respect to an order, a deposit of 10 % of the purchase price is required (with a minimum of € 300). Said deposit is forfeited to the Seller automatically in case of cancellation.
4. Unless expressly stated otherwise, the invoice is to be paid not later than 30 calendar days after the invoice date.
5. Shipping the sold works of art is at the risk of the Buyer.
6. The authenticity of the sold works of art is guaranteed by the Seller.
7. If, subsequent to a sale, it is established that the item in question is an 'intentional' forgery, i.e. a forgery made with intent to defraud (as set out under (9)), Seller undertakes to refund the purchase price for the sold work of art in the event that:
- Seller receives notification of any such 'intentional' forgery per registered mail within five years after the date of sale or the invoice date and in the event that the necessary proof is submitted with regard to said work of art;
- the work of art is returned in the condition it was in on delivery ;
- the work of art has not been sold on in the meantime to a third party.
In each case of the above, Seller is obliged to refund the original purchase price only, without interest or any other additional costs.
The guarantee shall lapse irrevocably and unconditionally five years subsequent to the date of sale or the invoice date of the work of art in question.
In addition, said warranty is only applicable to the Buyer in person and as a consequence said warranty is not assignable and cannot be invoked by a third party.
8. The term, an 'intentional' forgery, means a copy made with intent to deceive the owner with regard to the artist, the origin, the date, or the period of a work of art, which does not conform to the description in the catalogue or on the invoice, and which means that on the date of sale or the invoice date the value of said work of art was evidently less it would have been if it had complied with the description mentioned above.
In case of an "intentional forgery" as set out hereinabove, Buyer shall have no means of redress or compensation under the terms of the present Terms & Conditions in the event that:
- the description in the catalogue or on the invoice on the date of sale was in accordance with the prevailing opinion of scholars and experts ;
- it was only possible to identify the work of art in question as an "intentional forgery" by means of scientific methods which were not accepted or known until after publication of the catalogue or after the description on the invoice.
9. The legal provenance of the sold works of art is guaranteed by Seller.
10. If, subsequent to the sale, the work of art in question is identified as having been stolen within 40 years prior to the sale or the date on the invoice, Seller undertakes to refund the purchase price of the acquired work of art in the event that:
- an official report was made of said theft to the competent judicial authorities ;
- Seller receives notification of said theft per registered mail within five years after the date of sale or the invoice date and the necessary proof is submitted with regard to the theft ;
- the work of art is returned in the condition it was in on delivery ;
- the work of art has not been sold on in the meantime to a third party.
In each case of the above, Seller is obliged to refund the original purchase amount only, without interest or any other additional costs.
The guarantee shall lapse irrevocably and unconditionally five years subsequent to the date of sale or the invoice date concerning the work of art in question.
In addition, said warranty is only applicable to the Buyer in person and as a consequence said warranty is not assignable and cannot be invoked by a third party.
11. In case of dispute, the parties shall submit themselves to the exclusive jurisdiction of the competent court in the District Court of Antwerp (Belgium).